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10/25/2022 - Regular - Additional Docs-Social MediaCity of Port Orchard Discussion on City Council Social Media Policies Facilitator: Charlotte Archer City Attorney 1 Existing City Policies Police Department: Only authorized users Content controlled Public posting prohibited / comments deactivated Supervised Records Retention and Training City Personnel Policies: Only authorized users (Social Media Coordinator) Account and access control Public posting prohibited / comments deactivated Equal Access preserved 2 Key Legal Issues for Discussion Personal v. City Business Public Records Retention Communication with the Public Free Speech / Public Forum Use of public facilities/PDC 3 Personal v. City Business West v. City of Puyallup: “A public official’s posts on a personal Facebook page can constitute an agency’s public records subject to disclosure under the PRA if the posts relate to the conduct of government and are prepared within a public official’s scope of employment or official capacity.” Questions to ask: Is the page, account, or posting linked to me as a Councilmember or linked to the City? Is the question posed to me in my capacity as a Councilmember? Is the message conveyed to the benefit of the City? 4 Public Records Retention RCW 42.56.010(3) “any writing” “containing information relating to the conduct of government or the performance of any governmental or proprietary function” “prepared, owned, used, or retained by any state or local agency” Must be preserved, retained and produced 5 Communication with the Public Notification of issues / Reporting Quasi-judicial proceedings Federally-funded projects 6 Free Speech / Public Forum Banning Users: Davison v. Randall: 912 F.3d 666 (4th Cir. 2019) Removing Comments/Posts: Must be viewpoint neutral Knight First Amendment Inst. at Columbia Univ. v. Trump, 928 F.3d 226, 237 (2d Cir. 2019) Good News Club v. Milford Cent. Sch., 533 U.S. 98, 106, 121 S. Ct. 2093, (2001) 7 Use of public facilities/PDC RCW 42.17A.555 – No public facilities (including employees during working hours) may be used to assist campaigns for office. Only in very limited and narrow circumstances as set forth in state law may public facilities be used to promote or oppose ballot propositions. Facilities includes website(s) 8 Questions and Discussion 9