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HomeMy WebLinkAboutReso 06-12 Website & Social Media Policy RESOLUTION NO. 6 -11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN * * * * * * * * * * * ADOPTING A NEW DUBLIN WEBSITE AND SOCIAL MEDIA POLICY WHEREAS, the City Council adopted a Strategic Initiative in Fiscal Year 2011-2012 to "Develop Social Media Policies;" and WHEREAS, the City Council created an ad-hoc Social Media Communications Committee in July 2011, comprised of two City Council members, to provide policy guidance and direction on the development of a social media policy; and WHEREAS, City Staff has met with the Social Media Communications Committee and presented a draft policy for their review and guidance; and WHEREAS, the Social Media Communications Committee recommends that the City Council adopt the draft policy; and WHEREAS, the City has an existing Internet-Website Policy, adopted in 2006, which will need to be modified to include the social media policy, as well as other language revisions in the existing policy to make the overall policy consistent with current website implementation and activities that the City; and WHEREAS, Staff is recommending that the name of the policy be changed from the City's Internet-Website Policy to the City of Dublin Website and Social Media Policy. NOW, THEREFORE BE IT RESOLVED that the City Council hereby repeals the existing City of Dublin Internet-Website Policy and adopts a new City of Dublin Website and Social Media Policy attached' hereto as Exhibit A. PASSED, APPROVED AND ADOPTED this 17th day of January, 2012, by the following vote: AYES: Councilmembers Biddle, Hildenbrand, Swalwell, and Mayor Pro Tem Hart NOES: ABSENT: ABSTAIN: X~a~,6f;f ATTEST: ~~. . . City Clerk Reso No. 6-12, Adopted 1-17-12 Item 7.2 Page 1 of 1 ( THE CITY OF DUBLIN WEB SITE AND SOCIAL MEDIA POLICY The City of Dublin established its first Internet Web site Policy in 2006 and has updated the Policy in 2012 to incorporate policies relating to the City's use of Social Media. The following policy adopted by Resolution XXX-12 replaces and rescinds Resolution 194-06. City Website Policy 1. Purpose. The purpose of this Policy is to establish regulations for the development, operation, and administration of the City web sites and to ensure that the City websites remain non-public fomms subject to the City's exclusive use and control. The purposes of the City websites are as follows: a. To provide a convenient and information-rich resource for residents, visitors, businesses, non-profit organizations, other public agencies, and schools to assess their city government. b. To provide information and resources that contributes to the health, safety and welfare of the public. c. To employ the latest technology designed to improve customer service and communication relating to issues of interest within the City and Tri- Valley region. d. To contribute to the improvement of City services, foster economic development, and enhance the sense of community within the City. e. To establish and strengthen long-term partnerships between the City and individuals and entities in the public and private sectors. 2. Policy. The City shall operate and maintain the City websites as provided in this Policy. 3. Definitions. The following definitions shall apply to this Policy: a. "City websites" mean the official City web sites available at www.dublin.ca.gov. www.DublinRecGuide.com, and www.DublinStPats.com, and any additional domain name(s) that the City acquires for official City use. b. "Cookies" means files on the user's computer that enable a website to recognize the user on subsequent visits and possibly track the user's Internet use between visits. c. "External Web site" means a web site maintained by a third party, and not by the City. d. "External Link" is a hyperlink from the City websites to a web site maintained by a third party. e. "Security Measures" means practices for protection of physical configuration and environment, software, information-handling processes, and user practices. Page 1 of 10 f. "User" or "Users" means an individual or individuals who access the City webpage through the Internet. 4. Non-Public Forum Status. The City web sites are non-public fonuTIs. While the City encourages the public to use the City websites to access information and resources, the City expressly reserves the right to impose certain restrictions on the use of its websites. The City websites are reserved for the exclusive control of the City for the purposes of one-way communication to users of the City websites. The City web sites shall not be used to facilitate a general debate or the free exchange of ideas. 5. Authority (~f City Manager; The City Manager or his or her designee shall have the authority and responsibility for the implementation of this Policy. The City Manager may also make interpretations on issues that are not clearly articulated or not included in this Policy. This Policy will be posted on the City websites for review by the public at any time. Questions or comments regarding any subjects or issues addressed in this Policy may be directed to: City of Dublin Attn: City Manager 100 Civic Plaza Dublin, CA 94568 e-mail: cityofdublin@dublin.cagov 6. Privacy. The City is sensitive to the privacy interests of the users of the City websites and believes that the protection of those interests is an important responsibility. The City's goal in collecting personal information online is Oto provide the user with the most personalized and effective service possible. By understanding the user's needs and preferences, the City may provide users with improved service. The City strives to protect online personal information in the same manner that the City protects citizen and business information obtained through other means. The following information explains the City's policy regarding any personal information supplied when using the City websites. a. On certain occasions, the City web sites may request a user's email address for purposes of correspondence or for City business. The City shall not share email addresses with anyone outside the City, nor disclose user information to any third party, except as required by applicable laws, including the Public Records Act and discovery in a civil law suit. b. The City may use the personal data provided through the City websites to send information about City services and upcoming civic activities. However, the City will neither sell nor knowingly provide personal information for any other direct mail activities, except as required by applicable laws, including the Public Records Act and discovery in a civil law suit. c. The City shall not guarantee, nor does it represent, that such comments, suggestions or questions submitted by email to the City or to city officials or employees will remain private or confidential. Similar to mailed or delivered comments, comments received via e-mail may become subject to public disclosure under the California Public Records Act and/or part of the discovery procedure in a civil lawsuit. Page 2 of 10 d. During the course of a credit card transaction through the City websites, the information is transmitted to a third party processor via a secure connection. The City and its subcontractors use firewalls and other security technology to minimize the risk of unauthorized access. To complete the credit card transaction(s), information about transaction(s) are submitted to the relevant financial institution. The City will not share this information with any other third party unless required to do so by applicable laws, including the Public Records Act and discovery in a civil law suit. If the City determines that it must make the information available, the City Manager or his or her designees will make a reasonable attempt to notify the affected parties by email that the City has been ordered to provide the information. e. The City will not intentionally release any information about the collection of Internet Protocol (IP) addresses to any third party except as required by applicable law. The City web sites may archive web server log tiles in order to create aggregate statistical reports, detect errors at the Web site, and for security reasons. To the extent that the City maintains web log files, such files shall be deleted according to a regular schedule established by the Administrative Services Department. f. Aggregate reports may be generated about visitors to the City websites. These reports do not contain any personally identifiable information. g. The City does not use persistent reoccurring Cookies, nor share unauthorized information with other third party entities. . 7. Security. The City websites apply security measures to protect the loss, misuse and alteration of the information under the City's control. From time to time, security measures may be upgraded or otherwise modified to meet changing needs. While the City endeavors to keep secure all information it receives via the City web sites, the City cannot guarantee the security of the information. 8. External Links. The City has a legitimate interest in limiting persons or organizations that might be linked to the City websites. The City may exercise discretion to ensure that the links to the City web sites are consistent with the purpose of the City websites, as set forth in Section 1. Neither the City web sites nor the External Links listed on the City web sites constitute a forum tor expressive activity by members of the public. a. Each proposed External Link on the City web sites shall be reviewed to determine its relevance and appropriateness to the purpose of the City web sites. The City Manager or his or her designee shall review the merits of the proposed External Link based upon the criteria set forth below. The City Manager or his or her designee shall also determine whether the External Link serves the purpose of the City web sites, as set forth in Section 1. A proposal for an External Link will not be denied based on the viewpoint espoused by the individual or entity. b. When the below criteria do not provide clear guidance, the. City Manager or his or her designee reserves the right to make a decision based on the general intent of the criteria outlined below and what he or she believes is in the best interest of the City. Page 3 of 10 c. The City shall use the following criteria in considering proposals for External Links from the City web sites: ' i. Sponsored by governmental and public educational institutions. Ii. Sponsored by nonprofit organizations that perform the following services for the Dublin and Tri- Valley community: assist persons in locating housing, housing discrimination assistance, or homeownership; assist people in finding employment or training opportunities; provide non-elective healthcare, and other human and social services; provide information or access to the arts, humanities, culture or education; improve neighborhoods; provide information or resources for neighborhood revitalization, code enforcement and/or crime prevention; enhance business development and economic development opportunities locally and regionally. 111. Sponsored by organizations partnering with the City to meet the City's strategic or operational goals. IV. Sponsored by private organizations which provide government-related information and/or services ina way that is not available on an official government website, as set forth in Subsection (e). v. Sponsored by professional associations affiliated with local government (such as League of California Cities, International City Management Association, American Planning Association). Vi. Sponsored by private or public utilities that service City residents or businesses specifically to assist individuals relocating to the City. d. The City web sites will not provide External Links to websites that: i. Promote or exhibit hate, bias, discrimination, pornography, libelous or otherwise defamatory content. 11. Have a primary purpose of furthering the agenda of a political organization or a candidate mnning for office, or defeating any candidate for elective office. 111. Violate any of the City's equal opportunity policies. IV. Consist of personal home pages operated by individuals. e. The City may provide External Links to certain private commercial sites that maintain and display government-related information which fulfills the purposes of the City websites as set forth in Section 1, and which is not generally available through a governmental agency due to the cost of compiling, maintaining and/or displaying such information. To support the cost of compilation and maintenance of this information, these private cOl1l;mercial sites may include advertising or promotional material in the information display. Accordingly, External Links to such sites which contain this information, but also display Page 4 of 10 commercial advertising or promotional material, may be included within the City web sites when the City Manager or his or her designee has made a good faith determination that: 1. The City's independent replication of the information targeted for linkage IS infeasible due to financial or other considerations; 11. No non-commercial site provides the information targeted for linkage; and, lll. The information targeted for linkage greatly enhances the usefulness of the City websites and services it provides. f The City reserves the right to determine how and where External Links will appear on the City websites. 9. Application for External Link. To request the addition of an External Link to the City websites, , the applicant shall send the relevant URL address, website description and purpose, brief statement as to how the proposed website fulfills the purpose of the City web sites as set forth in Section 1. 10. Disclaimer of External Links and External Websites. .The information posted on the City websites includes hypertext External Links to information created and maintained by other public and/or private organizations. The City provides these links solely for the user's information and convemence. a. When the user selects an External Link to an External Website, the user leaves the City websites and is subject to the privacy and security policies of the owners/sponsors of the External Web site. b. The City does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on an External Web site accessed through the City websites by External Link. c. The City does not endorse or recommend any third party web site, product, service, view, or opinion, unless otherwise noted. d. The City does not authorize the use of copyrighted materials contained on External Websites. e. The City is not responsible for transmissions from External Websites. 11. Final Decision~ The decision to post or not post content and/or links on the City web sites resides solely with the City Manager or his or her designee. The decision of the City Manager or his or her designee is final and binding. Under no circumstances will individuals or entities be entitled to compensation or damages in the event that the City Manager or his or her designee directs the City to include or exclude the content or link. 12. Links to the City of Dublin's Website. Advance permission to link to the City web sites is not necessary. However, the party linking to the City websites should be aware that its subpages may change at any time without notice. Individuals and entities linking to the City websites shall not Page 5 of 10 capture pages within frames, present the City web sites content as its own, or otherwise misrepresent the City websites' content or misinform users about the origin or ownership of its content. Any link to the City websites should be a full forward link that passes the user's browser to the City websites unencumbered. The web browser's "back" button should return the user to the originating site if the user wishes to back out. 13. Posting of Events. Information regarding community events may be posted on the City web sites, so long as the posting of such information is consistent with the purpose of the City web sites, as set forth in Section 1, and meets the criteria for External Links, as set forth in Section 8. While the City Manager or his or her designee may consider suggestions of events to post on the City web sites, the decision of the City Manager or his or her designee is final and binding. 14. Accessibility. The City web sites are intended to be accessible to people with disabilities. Requests for reasonable accommodations relating to equal access to communication, or other issues relating to City Website accessibility, should be directed to: City of Dublin Attn: City Manager 100 Civic Plaza Dublin, CA 94568 cityofdu blin@dublin.ca. gov 15. No Warranty or Representation. The City's web server(s) are maintained to provide public access to City information via the Internet. The City's web services and the content of its web servers and databases are updated on a continual basis. While the City attempts to maintain the City websites' information as accurate and timely, the City does not warrant or make representations or endorsements as to the quality, content, accuracy, or completeness of the information, text, graphics, hyperlinks, and other items contained on its server or any other server. Materials on the City web sites have been compiled from a variety of sources, and are subject to change without notice from the City as a result of updates and corrections. 16. Service 1\.farks, Trademarks and Copyright. To the extent allowed by the Public Records Act and otherwise legally permissible, commercial use of web materials is prohibited without the written permission of the City. All service marks and trademarks mentioned herein are the property of their respective owners. The City retains copyright on the City Seal, all text, graphic images, and other content, unless otherwise noted. No person or entity may use the City Seal without approval of the City Council (Resolution No. 51-02). No person or entity shall engage in any of the following conduct without written permission from the City Manager or his or her designee: a), modify and or use the text, images or other City web sites content from a web server, b) distribute the City's web .content, and c) "mirror:' the City's information on a non-City server. 17. Notice to the City. Comhmnications through the City websites, bye-mail or otherwise, shall in no way be deemed to constitute legal notice to the City of Dublin or any of its agencies, officers, employees, agents, or representatives, with respect to any existing or potential claim 'or cause of action against the City or any of its agencies, officers, employees, agents, or representatives. No communication through the City websites shall be deemed to constitute legal or official notice for any purpose. Page 6 of 10 18. Errors, Omissions, Warranty, Damages. The City of Dublin is neither responsible nor liable for any viruses or other contamination of a user's system due to access of the. City websites, nor for any delays, inaccuracies, errors or omissions arising out of the user's access of the City web sites or with respect to the material contained on the City web sites, including without limitation, any material posted on the City web sites. The City web sites and all materials contained on it are distributed and transmitted "as is" without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. The City is not responsible for any special, indirect, incidental or consequential damages that may arise from the use of, or the inability to use, the City web sites and/or the materials contained on the City websites, whether the materials contained on the City websites are provided by the City of Dublin or a third party. . 19. Indemnification. To the extent permitted by applicable law, by using the City websites, the user agrees to defend, indemnify, and hold harmless the City of Dublin, its agencies, ofilcers, employees, representatives, and agents from and against all claims and expenses, including attorney's fees, arising out of the user's use of the City websites or materials and information contained on the City websites. Social Media Policy 1. Purpose. This Policy establishes guidelines for the establishment and use by the City of Dublin (the "City") of Social Media as a means of conveying information about the City and its events and activities to its citizens. a. The City of Dublin has an overriding interest and expectation III deciding what IS "spoken" on behalf of the City through the use of Social Media. b. For purposes of this policy, the terms "Social Media" and "Social Media Sites" are understood to be content created by individuals, organizations and/or entities, using accessible, expandable, and upgradable publishing technologies, through and on the Internet. Examples of Social Media include Facebook, blogs, MySpace, RSS, Y ouTube, Second Life, Twitter, LinkedIn, Delicious, and Flicker. For purposes of this Policy, "comments" include information, articles, pictures, videos or any other form of communicative content posted on Social Media Sites. 2. General Policy. The establishment and use by any City department of City Social Media sites are subject to approval by the City Manager or his/her designees. Use of Social Media shall be administered by City of Dublin Public Information Office staff and any Department-designated coordinator, as described in this Policy. In approving the use of a City Social Media site, the City of Dublin Public Information Office staff, in coordination with any Department as may be necessary, shall establish guidelines for the use of the site, including but not limited to the following information: a. The purpose of the site, which may include the dissemination of general information about the City or the dissemination of information regarding a specific City Department or City Activity, Event or Project. b. What City department will be directly responsible for monitoring of, and creation of content on, the site. Page 7 of 10 1. City Social Media Sites should make clear that they are maintained by the City of Dublin and that they follow this Social Media Policy. ll. To the extent possible, the use of Social Media will link back to the City's website for forms, documents, online services and other information necessary to conduct business with or utilize the services of the City. lll. The City of Dublin's website at http://www.dublin.ca.gov will remain the City's primary and predominant Internet presence. IV. This Policy may be revised at any time. 3. Comment Policy. As a public entity, the City must abide by certain standards to serve all its constituents in a civil and unbiased manner. a. The intended purpose behind establishing a Social Media presence IS to disseminate information to residents of the City of Dublin. b. Comments containing any of the following inappropriate forms of content shall not be permitted and are subject to removal and/or restriction by the City's Public Information Office: 1. Social Media Sites Relating to the City in General 1. Comments not related to the business of the City, including random or unintelligible comments; 2. Violent, or pornographic content and/or language; 3. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, sexual orientation, gender, or national ongm; 4. Threaten or defame any person or organization; 5. Content that is hateful or incites violence; 6. Solicitation of commerce, including but not limited to advertising of any business or product for sale; 7. Conduct in violation of any federal, state or local law; 8. Encouragement of illegal activity; 9. Information that may tend to compromise the safety or security of the public or public systems; or 10. Content that violates a legal ownership interest, such as a copyright, of any party. 2. Social Media Sites Relating to a Specific City Department (e.g. a Facebook page established to disseminate information regarding the City's Parks and Community Services Department) 1. Comments not related to the business of the Department, including random or unintelligible comments; 2. Violent, or pornographic content and/or language; 3. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, sexual orientation, gender, or national ongm; Page 8 of 10 4. Threaten or defame any person or organization; 5. Content that is hatefhl or incites violence; 6. Solicitation of commerce, including but not limited to advertising of any business or product for sale; 7. Conduct in violation of any federal, state or local law; 8. Encouragement of illegal activity; 9. Information that may tend to compromise the safety or security of the public or public systems; or 10. Content that violates a legal ownership interest, such as a copyright, of any party. c. Any content removed based on these guidelines must be retained by the Public Information Office for a reasonable period of time, including the time, date and identity of the poster, when available. 1. A comment posted by a member of the public on the Social Media site is the opinion of the commentator or poster only, and publication of a comment does not imply endorsement of, or agreement by, the City of Dublin or the Department, nor do such comments necessarily reflect the opinions or policies of the City of Dublin or the Department. . 2. The City reserves the right to deny access to the Social Media site for any individual, who violates this Policy, at any time and without prior notice. 3. The Department responsible for the implementation of the Social Media site shall monitor the respective site for comments requesting responses from the City and for comments in violation of this policy. 4. When a City of Dublin employee comments or responds to a comment, in his/her capacity as a City of Dublin employee, said comments or responses shall made only from an official account established by the City for such purposes. No City of Dublin employee making comments or responses in his or her capacity as a City of Dublin employee shall share personal information about himself or herself, or other City employees. 4. Use of Social Medici Sites to Disseminate Information Regarding a Specific City Department or City Activity/Event/PTl~;ect. In addition to the general provisions of this Policy, the following provisions shall apply to the City's use of Social Media to establish an internet presence relating to a particular Department or City Activity/EventlProject: a. A Department-designated coordinator will monitor content on Department-specific or City Activity/EventlProject-specific Social Media sites to ensure adherence to this Policy. b. The Department-designated coordinator will advise the Public Information Office staff of any concerns regarding content or comments. The Public Information Office will advise the Department-designated coordinator whether or not the content or comment should be removed. Page 9 of 10 1771281.1 c. The City reserves the right to restrict or remove any content that is deemed in violation of this Policy or any applicable law. Any content removed based on these guidelines must be retained by the Department's coordinator for a reasonable period of time, including the time, date and identity of the poster, when available. The Department shall follow any applicable requirements of the City's document retention policy for retaining content. d. The City's content requirements must be displayed to users or made available by hyperlink. e. The Social Media pages shall adhere to applicable federal, state and local laws, regulations and policies. f. Comments on topics or issues not relating to the Department or the' City Activity/Event/Project that is the subject of a particular Social Media page may be removed. g. Employees representing the City government on the respective Social Media page must conduct themselves at all times as a representative of the City and in accordance with all City policies. Page 10 oflO