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File #: 21-323 MEETING DATE: 5/3/2021
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Travis K. Hopkins, Assistant City Manager
Subject:
Review and Consider for Approval a Proposed Social Media Policy for Elected and Appointed
Officials
Statement of Issue:
On February 1, 2021 , the City Council adopted the 2021 City Council Work Plan, which was
established based off of a Strategic Planning Workshop held on January 5, 2021 As part of the
adopted work plan, 5 key priority policy areas were identified by the City Council, and under the
Community Engagement Priority, the City Council asked that staff develop for consideration a social
media policy for elected and appointed officials
Based on that direction, staff has developed for consideration a draft Social Media Policy for Elected
and Appointed Officials (see Attachment A) Per the proposed regulation, elected and appointed City
officials who utilize a social media account to promote, discuss, carry out, or reference City related
business or activity would be required to abide by First Amendment requirements in managing any
official social media account.
Financial Impact:
None
Recommended Action:
Review and consider for approval the proposed. "Social Media Policy for Elected and Appointed
Officials."
Alternative Action(s):
Do not approve the proposed policy and provide staff with alternate direction
Analysis:
In Packingham v. North Carolina. the US Supreme Court held that social media platforms serve as
"the modern public square," and as such, social medta platforms provide users with the opportunity to
"petition their elected representatives and otherwise engage with them in a direct manner."
City of Huntington Beach Page 1 of 3 Printed on 4/28/2021
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File #: 21-323 MEETING DATE: 5/3/2021
Subsequent court decisions have reaffirmed that government representatives who utilize social
media platforms to promote, discuss, carry out, or reference issues related to their governmental role
have created an official public forum, complete with First Amendment protections for the public. To
that end, the proposed social media policy for elected and appointed officials would require the
following:
• Except in specific prescribed circumstances, elected and appointed officials would be
prohibited from blocking anyone attempting to access their official social media account, or
deleting comments made to their official social media account, because of an individual's
viewpoints or perspectives.
• Any content posted onto an official social media account would be considered an official public
record, subject to the California Public Records Act, the Ralph M. Brown Act, and State and
local record retention regulations.
• The only content that could be removed from an official social media account would include:
o Comments not related to the topic being discussed in a post.
o Profane language.
o Discriminatory comments.
o Solicitations of commerce.
o Sexual content, or links to sexual content.
o Encouragement of illegal activity.
o Information that could compromise the safety or security of the public.
o Content that violates a legal ownership of any party.
Environmental Status:
Not applicable
Strategic Plan Goal:
Community Engagement
Attachment(s):
1. Social Media Policy for Elected and Appointed Officials
City of Huntington Beach Page 2 of 3 Primed on 412812021
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File #: 21-323 MEETING DATE: 5/3/2021
City of Huntington Beach Page 3 of 3 Printed on 412812021
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City Councill ACTION AGENDA May 3, 2021
Public Financing Authority
Recommended Action:
Approve and authorize the City Clerk to execute Amendment No 1 to the Memorandum of
Understanding Between the City of Huntington Beach and Davenport Marina for the
Installation and Maintenance of Marina Trash Skimmer(s) in Huntington Harbour," with the
new owner of Davenport Marina. Daimlerl SA LLC
Approved 6-0-1 (Peterson-Absent)
ADMINISTRATIVE PUBLIC HEARING
14. 21-351 Conducted an Administrative Public Hearing for 2021 Annual Weed
Abatement Program and authorized the Director of Public Works to
proceed with abatement
Recommended Action:
A) Open a public hearing for any objections to the proposed removal of weeds and rubbish and.
B) Authorize the Director of Public Works to proceed with the abatement of the nuisance
Approved 6-0-1 (Peterson-Absent)
ADMINISTRATIVE ITEMS
15. 21-323 Approved a Social Media Policy for Elected and Appointed Officials
Recommended Action:
Review and consider for approval the proposed Social Media Policy for Elected and Appointed
Officials
Approved as amended with revisions to sections 4.1, 4.2.3 and 4.2.4
6-0-1 (Peterson-Absent)
COUNCILMEMBER ITEMS
16. 21-375 Item Submitted by Mayor Carr and Councilmember Kalmick Approved -
LGBTQ Pride Month Recognition and Flag Raising
Recommended Action:
A) Request the City Manager to fly the LGBTQ Pride Flag each year from the 3rd week of May
until June 30th in recognition of the contributions of the Lesbian. Gay. Bisexual. Transgender
and Queer (LGBTQ) Community, and
B) Request the City of Huntington Beach recognize the month of June as LGBTQ
Pride Month
Approved 6-0-1 (Peterson-Absent)
"a ADMINISTRATIVE REGULATION
City of Huntington Beach
Number AR 509
Sections 1 - 4
Effective Date May 3, 2021
Responsible Dept. City Manager's Office
Review Date May 3, 2021
SUBJECT: Social Media Policy for Elected and Appointed Officials
1. Purpose and Application:
The City of Huntington Beach regards social media as a useful tool to communicate and engage
with its citizens. The purpose of this policy is to establish a formal process for the use of social
media by individual elected and appointed City officials.
2. Authority:
Charter of the City of Huntington Beach, Section 401.
3. Definitions:
3.1 Elected Official: Any individual elected to serve the City through a vote of Huntington
Beach residents, including the Mayor, City Council Members, the City Attorney, the City
Clerk, and the City Treasurer.
3.2 Appointed Official: Any City representative appointed by the City Council, including but not
limited to the City Manager, City Commissioners, City Board Members, City Task Force
Members, or any other individual appointed to serve in any official capacity for the City by
the City Council.
3.3 Social Media: Internet-enabled applications and web sites that are used to share
information and enables users to provide feedback.
3.4 Third Party System: Any social media platform maintained by another entity. This
includes but is not limited to Twitter, Facebook, Instagram, Next Door, Tik Tok, WorclPress,
and Google.
3.5 Packingham v. North Carolina: The United States Supreme Court decision that prescribed
social media platforms as 'the modern public square," and that such social media
platforms afford users with the opportunity to "petition their elected representatives and
otherwise engage with them in a direct manner."
AR 509— Social Media Policy for Elected and Appointed Officials Page 1
3.6 Official Social Media Account: Any social media account owned by any Elected Official or
Appointed Official that is used to routinely promote, discuss, carry out, or reference City
related business and / or activities. Any such Official Social Media Account is considered
to be a public forum, subject to First Amendment requirements. Further, content posted on
Official Social Media Accounts are considered to be a public record subject to the
provisions of the California Public Records Act.
3.7 Code of Ethics: A pledge adopted by the City Council on November 21, 2016, that
establishes a standard of ethical behavior to which the City's elected and appointed
officials aspire to abide by.
4. Policy:
4.1 Per"Packingham v. North Carolina," and subsequent court decisions, any Elected or
Appointed Official who utilizes a social media account to promote, discuss, carry out, or
reference City related business and /or activities may have created an Official Social
Media Account, which is considered to be a public forum where Elected and Appointed
Officials must abide by First Amendment requirements.
4.2 To that end, content posted by Elected or Appointed Official to any Official Social Media
Account is subject to the following provisions:
4.2.1 Elected and Appointed Officials are prohibited from blocking anyone attempting to
access the Official Social Media Account because of an individual's viewpoints or
perspectives.
4.2.2 Elected and Appointed Officials are prohibited from deleting any comments on
the Official Social Media Account because of an individual's viewpoints or
perspectives.
4.2.3 Such content may be considered to be an official public record, subject to the
provisions of the California Public Records Act.
4.2.4 All provisions related to the Ralph M. Brown Act apply to Official Social Media
Accounts,
4.3 Deviations from Section 4.2 of this Policy, as it relates to content which can be removed
from an Official Social Media Account, are allowable in the following instances:
4.3.1 Comments not related to the topic being discussed in a post.
4.3.2 Profane language.
4.3.3 Discriminatory comments.
4.3.4 Solicitations of commerce.
4.3.5 Sexual content, or links to sexual content.
AR 509—Social Media Policy for Elected Officials Page 2
4.3.6 Encouragement of illegal activity.
4.3.7 Information that could compromise the safety or security of the public.
4.3.8 Content that violates a legal ownership of any party.
4.4 Content posted on the Official Social Media Account of any Elected or Appointed Official
should be made in compliance with the City of Huntington Beach Code of Ethics (Exhibit
A).
4.5 It is the Elected and Appointed Official's responsibility to ensure compliance with this
policy.
YET
C—Travis Hopkins, Assisfant City Manag re `
$4 Michael Gates, City Attorney
Approved As to Form
Oliver Chi, City Manager
AR 509—Social Media Policy for Elected Officials Page 3
EXHIBIT A
City of Huntington Beach
Code of Ethics
C(egm -
Cityof Huntington Beach
Code of Ethics
Preamble
The citizens of the City of Huntington Beach are entitled to responsible,fair and honest city
government that operates in an atmosphere of respect and civility. Accordingly,the Huntington
Beach City Council,adopts this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders,city officials and staff in their
day-to-clay service to the city.
3. Promote and maintain a culture of ethics.
Pledge
On the City Council of the City of Huntington Beach adopted a Code of
Ethics,which applies to all City elected or appointed officials, city employees, and members
of its boards, commissions, committees, and task forces and requires the following pledge:
Code of Ethics
Responsibility
I understand that the community expects meta servewith dignity and respect,aswell
as be an agent of the democratic process.
• lavoid actions that might cause the public to question my independen[judgment.
- I do not use my office orthe resources of the city for personal or political gain.
• I am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
• I promote consistency,equity and noa-discrimination in public agency decision-making.
• I make decisions based on the merits of an issue, including research and facts.
• I encourage diverse public engagement in our decision-ma king processes and support
the public's right to know.
Respect
• I treat my fellow city officials,staff,commission members and the public with patience,
courtesy, civility,and respect,even when we disagree on what is best for the
community and its citizens.
Honesty
• I am honest with all elected officials,staff,commission members, boards,the public and
others.
• I am prepared to make decisions when necessary for the public's best interest,whether
those decisions are popular or not
• I take responsibility for my actions,even when it is uncomfortable to do so.
AR 509—Social Media Policy for Elected Officials Page 4
ADMINISTRATIVE REGULATION
City of Huntington Beach
0 1 .
Number AR XXX
Sections 1 - XX
Effective Date May 3, 2021
Responsible Dept. City Manager's Office
Review Date May 3, 2021
SUBJECT: Social Media Policy for Elected and Appointed Officials
1. . Purpose and Application:
The City of Huntington Beach regards social media as a useful tool to communicate and engage
with its citizens. The purpose of this policy is to establish a formal process for the use of social
media by individual elected and appointed City officials.
2. Authority: ;
Charter of the City of Huntington Beach, Section 401.
3. Definitions:
3.1 Elected Official: Any individual elected to serve the City through a vote of Huntington
Beach residents, including the Mayor, City Council Members, the City Attorney, the City
Clerk, and the City Treasurer. "
3.2 Appointed Official: Any City representative appointed by the City Council, including but not
limited to the City Manager, City Commissioners, City Board Members, City Task Force
Members, or any other individual appointed to serve in any official capacity for the City by
the City Council.
3.3 Social Media: Internet-enabled applications and web sites that are used to share
- information and enables users to provide feedback.
3.4 Third Party System: Any social media platform maintained by another entity. This
includes but is not limited to Twitter, Facebook, Instagram, Next Door, Tik Tok, WordPress,
and Google.
3.5 Packirioham v.North Carolina: The United States Supreme Court decision that prescribed
social media platforms as "the modern public square," and that such social media
platforms afford users with the opportunity to "petition their elected representatives and
otherwise engage with them in a direct manner."
AR XXX—Social Media Policy for Elected and Appointed Officials Page 1
263
3.6 Official Social Media Account: Any social media account owned by any Elected Official or
Appointed Official that is used to promote, discuss, carry out, or reference City related
business and / or activities. Any such Official Social Media Account is considered to be a
public forum, subject to First Amendment requirements. Further, content posted on Official
Social Media Accounts are considered to be a public record subject to the provisions of the
California Public Records Act.
3.7 Public Record: Content posted onto an Official Social Media account is considered to be
an official City public record.
3.8 Code of Ethics: A pledge adopted by the City Council on November 21. 2016, that
establishes a standard of ethical behavior to which the City's elected and appointed
officials aspire to abide by.
4. Policy:
4.1 Per "Packingham v. North Carolina," and subsequent court decisions, any Elected or
Appointed Official who utilizes a social media account to promote, discuss, carry out, or
reference City related business and / or activities shall have created an Official Social
Media Account, which is considered to be a public forum where Elected and Appointed
Officials must abide by First Amendment requirements.
4.2 To that end, content posted by Elected or Appointed Official to any Official Social Media
Account is subject to the following provisions: i
4.2.1 Elected and Appointed Officials are prohibited from blocking anyone attempting to
access the Official Social Media Account because of an individual's viewpoints or
perspectives.
4.2.2 Elected and Appointed Officials are prohibited from deleting any comments on
the Official Social Media Account because of an individual's viewpoints or
perspectives.
4.2.3 Such content is considered to be an official public record, subject to the
provisions of the California Public Records Act.
4.2.4 Any content posted is subject to State and local record retention regulations, and
the owner of the Official Social Media Account shall retain all posts and
comments for the length of time as required by State and local regulations.
4.2.5 All provisions related to the Ralph M. Brown Act apply to Official Social Media
Accounts.
4.3 Deviations from Section 4.2 of this Policy, as it relates to content which can be removed
from an Official Social Media Account, are allowable in the following instances:
4.3.1.1 Comments not related to the topic being discussed in a post.
4.3.1.2 Profane language.
AR XXX-Social Media Policy for Elected Officials Page 2
264
4.3.1.3 Discriminatory comments.
4.3.1.4 Solicitations of commerce.
4.3.1.5 Sexual content, or links to sexual content.
4.3.1.6 Encouragement of illegal activity.
4.3.1.7 Information that could compromise the safety or security of the public.
4.3.1.8 Content that violates a legal ownership of any party.
4.4 Content posted on the Official Social Media Account of any Elected or Appointed Official
should be made in compliance with the City of Huntington Beach Code of Ethics (Exhibit
A)
i
4.5 It is the Elected and Appointed Official's responsibility to ensure compliance with this
policy.
Travis Hopkins, Assistant City Manager
Michael Gates, City Attorney
Approved As to Form
Oliver Chi, City Manager
AR XXX—Social Media Policy for Elected Officials Page 3
265
EXHIBIT A
City of Huntington Beach
Code of Ethics
Cityof Huntington Beach
Code of Ethics
Preamble
The citizens of the City of Huntington Beacham enfitled to responsible,fair and honest city
government that operates in an atmosphere of respect and civility. Accordingly,the Huntington
Beach City Council,adopts this code to:
1. Describe the standards of behavior to which its leaders and staff aspire.
2. Provide an ongoing source of guidance to elected leaders,city officials and staff in their
day-to-day service to the city.
3. Promote and maintain a allure of ethics.
Pledge
On .the City Council of the City of Huntington Beach adopted a Code of
Ethics,which applies to all City elected or appointed officials, city employees, and members
of its boards, commissions, committees, and task forces and requires the following pledge.
Code of Ethics
Responsibility
I understand that the community expects me to serve with dignity and respect,as well
as be an agent of the democratic process.
• I avoid actions that might cause the public to question my independent judgment.
I do not use my office or the resources of the city for personal or political gain.
• I am a prudent steward of public resources and actively consider the impact of my
decisions on the financial and social stability of the city and its citizens.
Fairness
• I promote consistency,equity and nontlisaimination in public agency decision-making.
• I make decisions based on the merits of an issue, including research and facts.
• I encourage diverse public engagement in our decision-making processes and support
the public's right to know.
Respect
I treat my fellow city officials,staff,commission members and the public with patience,
courtesy,civility, and respect,even when we disagree on what is best for the
community and its citizens.
Honesty
• I am honest with all elected officials, staff,commission members, boards,the public and
others.
• I am prepared to make decisions when necessary for the public's best interest,whether
those decisions are popular or not
• I take responsibility for my actions,even when it is uncomfortable to do so.
AR XXX—Social Media Policy for Elected Officials Page 4
266
Switzer, Donna
From: Fikes, Cathy
Sent: Friday, April 30, 2021 6:00 PM
To: Agenda Alerts
Subject: FW: Social media policy
-----Original Message-----
From: Teresa Kennedy<tkennedy31@gmail.com>
Sent: Friday, April 30, 2021 5:58 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Social media policy
Dear City Council
Don't think the residents of HB didn't notice the proposal for"social media" policy for elected officials. We know who
this is directed toward and which council members are having this brought to council.
Item:
15. 21-323 Review and Consider for Approval a Proposed Social Media Policy for Elected and Appointed Officials
Recommended Action:
Review and consider for approval the proposed, "Social Media Polity for Elected and Appointed Officials."
COUNCILMEMBER ITEMS
This is a clear violation of free speech and censorship of our city council members.
We reject this proposal of the sicial media policy on the grounds that it is unconstitutional and clear violation of free
speech-
Carr Moser Kalmick Delgelize Posey
-correspond with your Residents of HB- Do not hide in your zoom meetings behind your screens- stop the censorship!
Open up city hall for in person meetings-every city council member can be 6ft apart Stop hiding behind your screens-
open up city hall meetings to EVERYONE!!!
Teresa Kennedy
Sean Kennedy
Sent from my iPhone
SUPPLEMENTAL
COMMUNICATION
moolkq Dale: SI31-)/
Agends wn No.. /5- 32 3)
t
• 5/10/2021
Policy Consideration
Proposed Social Media Guidelines for Elected & Appointed Officials
City Council Meeting
May 3, 2021
XUXTIXGTOX �FKM
•
Establishment of a Social Media Policy Identified as City Council Goal
• As part of the approved 2021 City Council Goals&Objectives, staff was asked to develop a social media
policy for elected and appointed officials
-The City Council held a Strategic Planning Session on January 5,2021 at Central Library
-The final 2021 workplan was subsequently approved and adopted by the full City Council on February 1
• Per that direction,staff has worked to develop a draft Social Media Policy for Elected and Appointed
Officials for City Council consideration
-Based on recent court decisions,government representatives who utilize social media platforms to promote,discuss,
carry-out,or reference issues related to their governmental role create a virtual public forum,which necessitates
certain First Amendment protections
SA?121
• 5/10/2021
Proposed Social Media Policy Details
•To abide by First Amendment related requirements,the proposed Social Media Policy would require
elected and appointed officials who use any social media account to promote,discuss,carry-out,or
reference City related matters to follow these prescribed guidelines:
—Refrain from blocking anyone attempting to access their social media account because of an individual's viewpoints or
perspectives
—Refrain from deleting any comments made on their social media account because of an individual's viewpoints or
perspectives
—Content posted on such social media accounts are considered an official public record,subject to the California Public
Records Act
—Ralph M.Brown Act rules apply to any such applicable social media account
Exceptions Included In The Proposed Policy
•The proposed polity also provides certain exceptions where certain content can be removed from an
applicable social media account
—Comments not related to the topic discussed in a post
—Profane language
—Discriminatory comments
—Solicitations of commerce
—Sexual content,or links to sexual content
— Encouragement of illegal activity
— Information that could compromise the safety or security of the public
—Content that violates a legal ownership of any party
• 2
• 5/10/2021
Staff Recommendation
• Staff recommends that the City Council review and consider the proposed,Social Media Policy for Elected
6 Appointed Officials
Questions?
Flu
• 3