HomeMy WebLinkAboutResolution 2024-63, Social Media PolicyCity of East Wenatchee Resolution 2024-63 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
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City of East Wenatchee, Washington Resolution No. 2024-63
A Resolution of the City of East Wenatchee, Washington, adopting Social Media Terms and Conditions for Users to protect the interest in assuring the accuracy and consistency of information associated with the City’s social media accounts.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con la administradora municipal de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY).
2. Authority.
2.1. The City of East Wenatchee is a non-charter code City duly incorporated and operating under the laws of the State of Washington.
2.2. RCW 35.11.020 and RCW 35A.12.190 authorize the City of East Wenatchee (“City Council”) to organize and regulate its internal affairs.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
3. Action. The City Council hereby adopts the Social Media Terms and Conditions as reflected in the attachment.
4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution.
5. Effective Date. This Resolution becomes effective immediately.
City of East Wenatchee Resolution 2024-63 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
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Passed by the City Council of East Wenatchee at a regular meeting thereof on this 5th day of November, 2024.
The City of East Wenatchee, Washington
By
Jerrilea Crawford, Mayor
Attest:
Anna Laura Leon, City Clerk
Approved as to form only:
Robert R. Siderius, City Attorney
File with the CCity
Council: Effective Date:
10-31-2024
11-05-2024
11-05-2024
Jerrilea Crawford (Nov 6, 2024 14:51 PST)
Jerrilea Crawford
Social Media Terms and Conditions for Users
Purpose. Because many of the City’s citizens and other stakeholders utilize social
media for news and communications, the City has developed social media accounts,
which help inform the public about the City’s work and mission.
The City of East Wenatchee has an important interest in assuring the accuracy and
consistency of information associated with the City’s social media accounts. The City
also respects the First Amendment to the U.S. Constitution, the rights outlined in the
state constitution, and the right to freedom of speech. These terms and conditions
establish guidelines for the public’s use of the City’s social media accounts that balance
all these values.
Definitions
1.“Social media” means content (text, images, audio, links, or video) created or
shared by the City and communicated on the City’s online accounts. The
platforms on which the City has created these accounts allow sharing,
commenting, and other engagement. Examples of social media accounts the City
may use are Facebook, X, Instagram, YouTube, and LinkedIn.
2.“Comments” include any content (text, images, audio, links, or video) posted to
one of the City’s social media accounts by a user.
3.“User” means a member of the public who views or interacts with one or more of
the City’s social media accounts.
General Guidelines
1.These terms and conditions apply to all our social media accounts. Where
possible, a link to these terms and conditions will be made available as a
hyperlink or posted as text somewhere on our social media accounts.
2.Users should know that social media posts made by the City – as well as
comments and replies to those posts, and any direct or private messages sent to
the City -- may be public records subject to applicable public records release.
3.Social media accounts are not monitored 24/7 and no one should utilize the
social media accounts to seek emergency services. Anyone in need of
emergency help should call 9-1-1.
4.The City does not guarantee a response to comments or messages sent on the
City’s social media accounts.
Exhibit A
Expectations
The City of East Wenatchee believes that honest, civil, and productive discussions
provide the best environment for citizens to understand the work of their government
and participate in constructive engagement. That’s why the City asks users to consider
that the City’s social media accounts may be viewed by children and other
impressionable people. Please avoid profanity, personal attacks, bullying, or use of
incorrect information.
Content Moderation
1. Limited Public Forum. The City’s social media accounts are created and
maintained as limited public forums under federal caselaw pertaining to the First
Amendment to the U.S Constitution. The City invites members of the public to
view and, where possible, provide comments or other engagement on the City’s
social media accounts. However, the law permits the City to hide and/or delete
comments that are not protected speech under the First Amendment and
relevant federal caselaw. The City will not hide or delete comments solely
because such comments are critical of the organization, its officials, or its
employees.
2. Disabling Comments. Social media platform administrators shall disable, or
otherwise take action to prevent, user-generated comments to media releasees.
It is recognized that different social media platforms have different methods of
disabling user-generated comments or preventing user-generated comments to
posts. The City’s Public Information Officer is responsible for ensuring the
establishment of, and communication of the protocols for each platform to comply
with this procedure.
In order to provide for consistency in application, a post in which comments will
be disabled or prevented shall utilize the City’s “Media Release” graphic as now
established or renamed or redesigned in the future.
3. Prohibited Content. Relevant First Amendment caselaw permits the City to hide
or delete certain comments on the City’s social media accounts. The following
comments may be hidden or deleted:
a. Comments directly advocating violence or illegal activity.
b. Comments containing direct criminal threats as defined by local, state, or
federal law.
c. Comments containing obscenity, which is defined as sexually explicit
and/or pornographic content that is patently offensive, appeals to prurient
interest, and lacks serious literary, artistic, political, or scientific value.
d. Comments that directly promote or advocate for our organization to
illegally discriminate based on race, age, religion, gender, national origin,
disability, sexual orientation, veteran status, or any other legally protected
class if such comments violate local, state, or federal law.
e. Comments containing links to malware and/or malicious content that
affects the normal functioning of a computer system, server, app, or
browser.
f. Duplicate comments posted repeatedly within a short period of time.
g. Comments that are found, by the City’s Public Information Officer, as
patently defamatory against a person by easily discovered facts. When a
public figure is the target, the poster must act with actual malice for the
comment to be defamatory.
h. Comments containing or requesting personal identifying information or
sensitive personal information.
i. Comments that contain images or other content that violate the
intellectual property or copyright rights of someone else, if the owner of
that property notifies us that the property was included in a comment on
our social media account(s).
j. Comments that contain a hyperlink to any website other than those we
control. This will be done without regard to the viewpoint of the comment
containing such a link or the content of the site to which the link redirects.
4. Retention. When a comment containing any of the above content is posted to
one of our social media accounts and we proceed to hide or delete the comment,
a copy or electronic record of that content may be retained pursuant to our
records retention policy, along with a brief description of the reason the specific
content was hidden or deleted.
5. Blocking or Banning a User. When we determine that a user has violated these
terms and conditions on three or more occasions within a 12-month rolling
period, we may block or ban the offending user from the social media account
where the violations occurred. If we block or ban a user, we will reasonably
attempt to notify the user and describe the violation.
If the appeal is successful and the user has not violated this policy three times
within a rolling 12 month period, we will unblock or unban the user from the social
media account. If the appeal is not successful, our decision will stand.
6. Right of Appeal. If a user is blocked or banned, or we hide or delete a user
comment pursuant to these terms and conditions, that user has the right to
appeal that decision by sending an email to socialmedia@eastwenatcheewa.gov,
within five business days of our action.
Upon receipt of an appeal, our attorney will determine whether the comment at
issue contained content protected by the First Amendment. If the appeal is
successful, the comment may (if possible) be restored for public view, or the user
may be permitted to repost the comment. Upon a determination that the
comment was not protected by the First Amendment, the user will be notified that
the appeal was denied. The return correspondence, sent within a reasonable
amount of time, will provide the user with a brief legal explanation for the action
taken.
7. Accounts of Government Officials. If, consistent with the test set forward by
the U.S. Supreme Court in Lindke v. Freed, we determine that a social media
account maintained in the name of one of our government officials is a
government account, such accounts will be maintained consistent with this
policy.
Resolution 2024-63, Social Media Policy
Final Audit Report 2024-11-06
Created:2024-11-06
By:City Clerk (cityclerk@eastwenatcheewa.gov)
Status:Signed
Transaction ID:CBJCHBCAABAAwdVtPEE2EoaVqWT4d_BbFRPho9u21MjQ
"Resolution 2024-63, Social Media Policy" History
Document created by City Clerk (cityclerk@eastwenatcheewa.gov)
2024-11-06 - 8:48:49 PM GMT
Document emailed to jcrawford@eastwenatcheewa.gov for signature
2024-11-06 - 8:49:12 PM GMT
Email viewed by jcrawford@eastwenatcheewa.gov
2024-11-06 - 10:51:22 PM GMT
Signer jcrawford@eastwenatcheewa.gov entered name at signing as Jerrilea Crawford
2024-11-06 - 10:51:49 PM GMT
Document e-signed by Jerrilea Crawford (jcrawford@eastwenatcheewa.gov)
Signature Date: 2024-11-06 - 10:51:51 PM GMT - Time Source: server
Agreement completed.
2024-11-06 - 10:51:51 PM GMT