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City of Atlantic Beach Guidelines for Elected and Appointed Officials Using Social MediaCity of Atlantic Beach Guidelines for Elected Officials and Board/Committee Members Using Social Media These guidelines are tailored for, but are not limited to, City Commission members and appointees to City boards/committees. 1. Communication between City Commission members and appointees to City boards/committees via social media, as with telephone and email, may potentially constitute a “meeting” under state open-government laws and regulations. For this reason, City Commission members and appointees to City boards/committees are discouraged from participating in social media discussions/threads regarding City business, and are strongly discouraged from “friending” other City Commission members and appointees to City boards/committees, and “liking” ot her City Commission members’ and appointees to City boards/committees’ posts. 2. Indeed, social media posts on private accounts about City matters are discouraged. That’s because posts may be considered public records when they are made on a private account. This is problematic because (1) they may be public records and, thus, should be archived (retention of documents, including social media, is based on the content and not the platform); and (2) if two City Commission members and or appointees to the same City boards/committees comment on the same post, it may be considered a public meeting that should have been adequately noticed. 3. Receiving or making posts or comments regarding quasi-judicial matters via social media may violate fairness doctrines and regulations. To avoid receiving comments on pending quasi-judicial matters, City Commission members and appointees to City boards/committees are strongly encouraged to maintain social media sites with settings that can restrict users’ ability to post content. 4. Except for social media sites/tools that are owned or maintained by the City of Atlantic Beach, which will be archived through the City’s archiving system, it is the ultimate responsibility of each City Commission member and appointees to City boards/committee to maintain retention procedures approved by the City of Atlantic Beach and to ensure those procedure are followed. As with any correspondence sent in his or her capacity as a City Commission member and appointee to City boards/committees, City Commission members’ and appointed board/committee members’ posting to non-City social media sites must be retained by the poster to the extent that such content constitutes a “public record”. Printouts of postings to others’ sites may suffice for retention purposes. City Commission members and appointees to City boards/committees should consult with the City Manager and/or his/her designee for the applicable retention procedures. 5. To keep a personal account from becoming subject to public records, consider some basic precautions.  Do: i. Post a disclaimer on your personal account that identifies the account purpose and that the opinions you express are your own. (A sample disclaimer is available from the Deputy City Manager.) ii. Notify visitors to your site about the Social Media Policy and Guidelines for the City of Atlantic Beach by providing a link to the website containing the policy and guidelines. iii. Limit your personal account’s content to personal use. iv. Have a plan in place to respond to or forward City-related comments to the City for the purpose of public records retention and/or fulfilling a public records request.  Don’t: i. Write posts on personal accounts that would fit within the “scope of employment”. A court decision (Nissen v. Pierce County) outlines a test for when a post is created within the scope of employment and, thus, is a public record. Scope of employment may include elected officials acting within their capacity as City Commission members or appointed board/committee members acting within their appointed capacity. This includes when an employee, City Commission member, board or committee member, or volunteer is (1) required by his/her job duties; (2) directed by the employer; or (3) in furtherance of the employer’s interests. ii. Discuss your private accounts in public meetings or documents. iii. Link to your private accounts from an official city account. iv. Use City devices to maintain your private account.  Questions or comments about these guidelines may be addressed to the City of Atlantic Beach Deputy City Manager at info@coab.us or (904) 247-5804.  Updated December 2019