HomeMy WebLinkAboutOrd 587-2012 Internet and Social Media Policy.pdfCITY OF ANNA TEXAS
ORDINANCE NO. 587-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANNA TEXAS,
REPEALING CURRENT INTERNET WEBSITE POLICY AND ADOPTING AN
INTERNET WEBSITE AND SOCIAL MEDIA POLICY TO ESTABLISH
REGULATIONS FOR THE DEVELOPMENT, OPERATION, AND ADMINISTRATION
OF THE CITY'S WEBSITE AND SOCIAL MEDIA PLATFORMS AND TO ENSURE
THAT THE CITY'S WEBSITE AND SOCIAL MEDIA PLATFORMS REMAIN NOW
PUBLIC FORUMS SUBJECT TO THE CITY'S EXCLUSIVE USE AND CONTROL
WHEREAS, the City Council ("City Council") of the City of Anna, Texas ("City") has
determined that new regulations should be established for the development, operation,
and administration of the City's Website and Social Media Platforms and to ensure that
the City's website and social media presence remain non-public forums subject to the
City's exclusive use and control; and
WHEREAS, the City Council finds that the purposes of the City's website and social
media presence are as follows:
a. To provide a convenient and information -rich resource for residents, visitors,
businesses, non-profit organizations, schools, other public agencies, and to
access their City government.
b. To provide information and resources that contributes to the health, safety and
welfare of the citizens of, and visitors to, the City of Anna;
c. To contribute to the improvement of City services, foster economic development,
and enhance the sense of community within the City.
d. To establish and strengthen long-term partnerships between the City and
individuals and entities in the public and private sectors where such partnerships
further the public health, safety and welfare.
e. To provide information about the City and its local services in a manner that is as
manageable, efficient, and organized as possible.
f. To provide an opportunity and means to supply businesses and individuals
contemplating locating or moving to the City with an opportunity to see and hear
first hand why persons who call the City home enjoy living there.
g. To provide an opportunity and means to create a personalized face for the City to
display to citizens, businesses, governmental agencies, or individuals who may
have heard about the City or are curious about the City but have yet to visit there
or meet anyone who calls the City home.
Ord. 587-2012 Internet & Social Media Policy Page 1 of 3 06-26-1
h. To provide a visual repository of personalized observations of the City's history,
present-day community life and business environment.
To encourage and generate civil pride and foster a sense of community among
its residents.
j. To provide a readily available image and/or video pool of real-world
spokespersons for City marketing and recruitment materials and purposes.
k. To create awareness of and reinforce the City's unique municipal brand; and
WHEREAS, the City Council has determined that it is in the best interest of the City and
its citizens to adopt the Internet Website and Social Media Policy attached hereto as
Exhibit A, which is incorporated herein by reference for all purposes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The determinations, findings and recitals above are incorporated herein as if set forth in
full for all purposes.
Section 2. Repeal of Policy and Adoption of New Policy.
City of Anna Ordinance No. 427-2009 is hereby appealed in its entirety. The City
Council hereby adopts the policy attached to this ordinance as Exhibit "A" and
incorporates same herein by reference to be the City of Anna's Internet Website and
Social Media Policy.
Section 3. Severability.
It is hereby declared to be the intention of the City, that sections, paragraphs, clauses,
and phrases of this ordinance are severable, and if any section, paragraph, clause or
phrase of this ordinance shall be declared unconstitutional or illegal by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality or
illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs
or sections of this ordinance since the same would have been enacted by the City
without the incorporation in this ordinance of any such unconstitutional or illegal section,
paragraph, clause or phrase.
Section 4. Passage.
This ordinance shall be in full force and effect from and after the date of its passage.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this the 26th
day of June, 2012.
Ord. 587-2012 Internet & Social Media Policy Page 2 of 3 06-26-1
ATTESTED:
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C y Se etary, Natha Wilkison
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Ord. 587-2012 Internet & Social Media Policy Page 3 of 3
06-26-1
EXHIBIT "A"
CITY OF ANNA
INTERNET WEBSITE AND SOCIAL MEDIA POLICY
1. Purpose.
The purpose of the City of Anna Internet Website and Social Media Policy ("Policy") is to
establish regulations for the development, operation, and administration of the City
Website and Social Media Presence(s) (collectively, "Programs"), and to ensure that
these Programs remain as non-public forums subject to the City's exclusive use and
control. The purposes of the City's website are as follows:
a. To provide a convenient and information -rich resource regarding the City for
residents, visitors, businesses, non-profit organizations, schools, and other public
agencies.
b. To provide information and resources that contributes to the health, safety, and
welfare of the citizens of, and visitors to, the City of Anna.
c. To contribute to the improvement of City services, foster economic development,
and enhance the sense of community within the City.
d. To establish and strengthen long-term partnerships between the City and
individuals and entities in the public and private sectors where such partnerships
further the public health, safety, and welfare.
e. To provide information about the City and local services in a manner that is as
manageable, efficient, and organized as possible.
f. To provide an opportunity and means to supply businesses and individuals
contemplating locating or moving to the City with an opportunity to see and hear
firsthand why persons who call the City home enjoy living and/or working here.
g. To provide an opportunity and means to create a personalized face for the City to
display to citizens, businesses, governmental agencies, or individuals who may
have heard about the City or are curious about the City but have yet to visit or
meet anyone who calls the City home.
h. To provide a visual repository of personalized observations of the City's history,
present-day community life and business environment.
I. To encourage and help generate civic pride and foster a sense of community
among the City's residents.
j. To provide a readily available image and/or video pool of real-world
spokespersons for City marketing and recruitment materials and purposes.
k. To create awareness of and reinforce the City's unique municipal brand.
I. To provide a convenient means by which the City can transmit information to the
public at large.
m. To establish awareness of and reinforce the City's unique municipal brand within
various and increasingly prevalent communication platforms.
n. To establish an additional mechanism by which the City can disseminate
important information to the public during emergency situations.
o. To complement and increase awareness of the City's website.
2. Policy.
The City shall operate and maintain the City Website and engage in use of Social Media
Platforms as provided in this Policy.
3. Definitions.
The following definitions shall apply to this Policy:
a. "City Website" means the official City Website available at www.annatexas.gov.,
and any additional domain name(s) that the City acquires for official City use.
b. "External Website" means a website maintained by a third party, and not by the
City.
c. "External Link" is a hyperlink from the City Website or City Social Media content
to an External Website.
d. "Security Measures" means practices for protection of physical configuration and
environment, software, information -handling processes, and User practices.
e. "User" or "Users" means an individual or individuals who access the City
webpage through the Internet or who access City information provided through
any Social Media Platform.
f. "Social Media" means the various electronic communication systems established
for the purposes of mass communications and/or social networking, including the
third -party services of Twitter, Linkedln, Facebook, and MySpace.
g. "Social Media Account" and "Social Media Presence" means and includes the
electronic data, user profile, login, or other similar means of controlled access
and designations of content authorship, which are associated with an individual
or entity in order to facilitate the use of a Social Media Platform, website,
computer software, mobile telephonic device application, or other interface
mechanism for mass communication.
h. "Social Media Platform", "Social Media Software", "Social Websites", and "Mass
Communication Platforms" all mean the websites, internet services, computer
software, mobile telephonic device applications, and other electronic interface
mechanisms used to access and interface with Social Media, and includes both
those interfaces which are or may be,owned by the City and those which are
owned and/or operated by any third party.
"Social Link" means any reference, group association, External Link, or other
social networking connection (including but not limited to "friends lists", "circles",
"follows", "networks", "likes/dislikes" etc.) that is accomplished by some method
within the control of a Social Media account holder.
4. Emergency Service Requests
Requests for emergency services, such as those seeking assistance from police,
firefighting, or EMS/ambulance services should NOT be directed to the City Website or
any City Social Media Presence. Persons needing immediate help should contact 9-1-1
or request such emergency services by some other recognized and reliable method.
5. Non -Public Forum Status.
The City Website and any Social Media account established by the City are non-
public forums. While the City encourages the public to use these mechanisms to access
information and resources, the City expressly reserves the right to impose certain
restrictions on the use of the City's Website and its Social Media Accounts. The City
Website is reserved for the exclusive control of the City for the purposes of one-way
communication to Users of the City Website. Neither the City Website, nor any Social
Media Platform associated with an authorized City Social Media Account, shall be used
to facilitate a general debate, public discourse or the free exchange of ideas; all of these
services are restricted to only those users authorized by the City.
6. Authority of City Manager.
a. The City Manager or his or her designee shall have the sole 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 it
this Policy, so long as the City Manager's discretion is exercised in a manner
consistent with the stated purposes of this Policy.
b. Only the City Manager, or the City Manager's authorized designee, shall be
authorized to perform any of the following functions:
create, establish, register, or otherwise initiate any Social Media Account
on behalf of the City or which appears to be established by the City, or to
use any Social Media Platform in such fashion;
ii. modify the content of any City Social Media Account;
iii. to set, remove, or otherwise modify any User -controlled settings
associated with a City -associated Social Media Account;
iv, publish any information on a Social Media Platform on the City's behalf, or
in any fashion which could be attributable to the City;
V. create, destroy, or modify a Social Link to the Social Media Account of any
other person or entity;
vi. use any function of a Social Media Platform which states (or implies) an
opinion or position held by the City regarding any person or entity; or
vii. modify the City Website or any City Social Media Platform.
c. This Policy will be posted on the City Website for review by the public at any
time. If technologically feasible, any Social Media Account established by the City
will include a copy of this Policy or a link to this Policy published on the City
Website.
d. Questions or comments regarding any subjects or issues addressed in this Policy
may be directed to:
City of Anna
Attn: City Manager
P.O. Box 776
Anna, TX 75409
7. Privacy.
a. The City is sensitive to the privacy interests of the Users of the City Website and
that of Users accessing any City Social Media Platform and believes that the
protection of those interests is important. The City's goal in collecting personal
information online is to 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 usinc
the City Website or accessing City Social Media content.
b. City Website Privacy Policy: When you visit the City of Anna Website, we use
automated tools to log information about each visit. We process this information
in the aggregate to determine site performance issues, such as popular pages,
most frequently downloaded forms, and other site performance characteristics.
This information does not identify you personally. We do not track or record
information about individuals and their visits.
c. Social Media Privacy Policy: By their nature, Social Media Platforms are
accessible by a vast number of persons and entities over which the City has no
control. We may use automated tools to log information about visitors to City
Social Media Accounts and associated websites. We process this information in
the aggregate to determine Social Media Platform issues, such as popular posts
or messages, links established with Social Media Accounts, tracking information
which originated from a City Social Media Account and is retransmitted by other
parties, and other usage information. However, we cannot guarantee that the
information available to the City or a third party through a particular Mass
Communication Platform will not identify you personally. To determine whether or
not personally identifiable information will be accessible to the City or a third
party when interfacing with a City Social Media Account, you must refer to the
privacy policies and terms of use applicable to each Social Media Platform. We
will not track or record information about individuals and their visits, except to the
extent required by law.
d. Sensitive Communications: Visitors to the City Website, and those interacting
with or accessing the City's Social Media Presences, are hereby notified that any
information provided to the City by either means may not be maintained
confidentially by the City. Information received by the City by any person through
a Social Media Platform or the City Website may be later shared with third
parties, particularly when such information is subject to disclosure under the
Texas Public Information Act or other law. Any person wishing to communicate
confidentially with the City or any City official, officer, or employee should first
contact the City to determine the appropriate channel for such communication,
prior to revealing any sensitive material that they do not wish shared with third
parties. City employees are prohibited from using any City Social Media Account
to transmit or otherwise allow access to any information to which the City
employee has any special right or ability to access or any information which is
maintained confidentially by the City.
e. Disclaimer: While every effort is made to keep information provided over the
internet accurate and up-to-date, the City of Anna does not certify the authenticity
or accuracy of such information. No warranties express or implied, are provided
for the content, records and/or mapping data herein, or for their use or
interpretation by the User.
The City of Anna, its elected officials, officers, employees, and agents assume no
legal responsibilities for the information or accuracy contained in this data,
including any action taken from reliance on any information contained herein and
shall have no liability for any damages, losses, costs, or expenses, including, but
not limited to attorney's fees, arising from the use or misuse of the information
provided herein. The User's use thereof shall constitute an agreement by the
User to release the City of Anna, its elected officials, officers, employees and
agents from such liability.
g. By accessing the City Website or Social Media Presence and using any
information therein, the User is stating that the above Disclaimer has been read
and that he/she has full understanding and is in agreement with the contents.
8. Security.
The City Website applies 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 Website, the City cannot guarantee
the security of the information. The City may or may not have full control over Security
Measures associated with its Social Media Accounts, and those Security Measures may
be subject to control by fully independent service providers. While the City endeavors to
keep secure all information it receives via Social Media, the City cannot guarantee the
security of the information. Users should refer to the individual Social Media Platform's
terms of use, privacy policy, and security policies for more information.
9. External Links and Social Links.
a. The City has a legitimate interest in limiting persons or organizations that might
be linked to the City Website or be associated with the City's Social Media
Presence(s). The City may exercise discretion to ensure that the links to these
services are consistent with the purpose of this Policy, as set forth in Section 1.
Neither the City Website nor the External Links listed on the City Website
constitute a forum for expressive activity by members of the public. No City
Social Media Account, City Social Media Presence, or any method of displaying
information associated with a City Social Media Presence constitute a forum for
expressive activity by members of the public; nor do the City's use or nonuse of
Social Links constitute a forum for any expressive activity by members of the
public. Information, Social Links, or External Links may be excluded from the City
Website or City Social Media Presence where such additional material would
create visual clutter, disorganization, or otherwise interfere, as determined at the
sole discretion of the City, with the City's intended content.
b. Each proposed External Link on the City Website or Social Link to a City Social
Media Account shall be reviewed to determine its relevance and appropriateness
to the purpose of the City Website or Social Media Presence. The City Manager
or his or her designee shall review the merits of the proposed External Link or
proposed Social Link based upon the stated purposes of this Policy, as set forth
above in Section 1.e. A proposal for an External Link or proposed Social Link will
not be denied based solely on the viewpoint espoused by the individual, entity, or
the content of the External Website.
c. The City Website and City Social Media Accounts will not provide External Links
to websites or create Social Links with other persons or entities that:
promote or exhibit hateful ideas or content, unlawful discrimination,
obscenity, pornography, libel, or defamation;
ii. have a primary purpose of furthering the agenda of a political organization
or a candidate running for office (regardless of the political viewpoint), or
defeating any candidate for elective office;
ill. violate any of the City's equal opportunity policies or nondiscrimination
policies;
iv. consist of personal home pages operated by individuals; or
v. are used in whole or part as a public forum to facilitate a general debate,
public discourse, or the free exchange of ideas.
d. The City may provide External Links or Social Links to certain private commercial
sites that maintain and display government -related information which fulfills the
purposes of the City Website 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 commercial sites
may include advertising or promotional material in the information display.
Accordingly, External Links or Social Links to such sites which contain this
information, but also display commercial advertising or promotional material, may
be included within the City Website or Social Media Presence when the City
Manager or his or her designee has made a good faith determination that;
i. the City's independent replication of the information targeted for linkage is
infeasible due to financial or other considerations;
H. no non-commercial site provides the information targeted for linkage; and,
iii. the information targeted for linkage greatly enhances the usefulness of the
City Social Media Presence or the City Website and services it provides.
e. The City reserves the right to determine whether, how and where External Links
and/or Social Links will appear on the City Website.
Application for External Link or Social Link.
To request the addition of an External Link to the City Website, or to create a Social
Link between a City Social Media Account and a Social Media Account of another
person or entity, the applicant shall send the relevant URL, address, website description
and purpose, identity and contact information of the site owners and operators, a brief
statement as to how the proposed website or Social Media Association fulfills the
purpose of the City Website or Social Media Presence as set forth in Section 1. Contact
information shall include name, phone number and email address sent to:
City of Anna
Attn: City Manager
P.O. Box 776
Anna, TX 75409
10. Disclaimer of External Links and External Websites.
a. The information posted on the City Website includes hypertext External Links to
information created and maintained by other public and/or private organizations.
The City's Social Media Content may also include hypertext External Links or
other information referring Users to non -City content. The City provides these
links solely for the User's information and convenience.
b. When the User selects an External Link to an External Website, the User leaves
the City Website or City Social Media Content and is subject to the privacy and
security policies of the owners/sponsors of the External Website.
c. The City does not control or guarantee the accuracy, relevance, timeliness or
completeness of information contained on an External Website accessed through
the City Website or City Social Media Content by External Link.
d. The City does not endorse or recommend any third party website, product,
service, view, or opinion, unless expressly noted.
e. The City does not authorize the use of copyrighted materials contained on
External Websites.
The City is not responsible for transmissions from External Websites or Social
Media Accounts held by any other person or entity.
11. Final Decision.
The decision to post or not post content and/or links on the City Website or via Social
Media 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 Anna's Website and Social Media Accounts.
Advance permission to link to the City Website or Social Media Accounts is not
necessary. However, the City Manager or his or her designee has complete discretion
to accept or reject any Social Link, by use of a Social Media Platform feature or
otherwise, between a City Social Media Presence and any other Social Media Account
or website. No person is entitled to have a proposed Social Link and the decision of the
City Manager (or his or her designee) whether or not to accept any proposed
association is final. The decision by the City Manager (or his or her designee) to accept
or reject a proposed association or Social Link shall not constitute any comment by the
City on any material, person, or entity referenced.
Any party linking to the City Website or Social Media Account should be aware that the
site construction and subpages, whether maintained by the City or a service provider,
may change at any time without notice. Individuals and entities linking to the City
Website shall not capture pages within frames, present the City Website content as its
own, or otherwise misrepresent the City Website's content or misinform Users about the
origin or ownership of its content. Any link to the City Website should be a full forward
link that passes the User's browser to the City Website 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 Website or
broadcast using Social Media, so long as the posting of such information is consistent
with the purposes set forth in Section 1, and meets any applicable criteria for External
Links, as set forth in Section 9. While the City Manager or his or her designee may
consider suggestions of events to post on the City Website or to communicate to the
public via Social Media Platforms, the decision of the City Manager or his or her
designee is final and binding.
14. Accessibility.
The City Website is 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 or City Social Media accessibility, should be directed to:
City of Anna
Attn: City Manager
P.O. Box 776
Anna, TX 75409
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 regular basis. While the City attempts to maintain the information
contained within the City Website and associated with its Social Media Presences 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 within Social Media content or its website,
whether contained on its server or any other server. Materials on the City Website or
published through Social Media Platforms have been compiled from a variety of
sources, and are subject to change without notice from the City as a result of updates,
corrections, and third party provider modifications. The City may decide at any time to
withdraw content from its website or terminate one or all of the Social Media Accounts it
might establish under this Policy, and should it choose to do so, that content or
information may not be readily available by other means. Any User seeking up -to -the -
moment information, including but not limited to the content of the Code of Ordinances,
City of Anna, Texas, should contact the City Secretary.
15. Brands, Service Marks, Trademarks and Copyright.
To the extent allowed by the Public Information Act and otherwise legally permissible,
commercial use of web materials is prohibited without the written permission of the City.
All brands, service marks, trademarks, and copyrighted material shown or referenced
herein are the property of their respective owners. The City retains copyright on the
City's brand, logo, trademark, seal, all text, graphic images, and other content, unless
otherwise noted. No person or entity may use the City brand, logo, trademark, seal, or
copyrighted material without approval of the City Council. No person or entity shall
engage in any of the following conduct without written permission from the City Manager
or his designee: (a) modify and or use the text, images or other City Website content
from a web server, (b) distribute the City's web content, and (c) "mirror" the City's
information on a non -City server.
16. Notice to the City.
Communications through the City Website, by e-mail or otherwise, or communications
employing Social Media shall in no way be deemed to constitute legal notice to the City
of Anna 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 Website or by means of Social Media shall be deemed to constitute legal or
official notice for any purpose.
Errors, Omissions, Warranty, Damages.
The City of Anna is neither responsible nor liable for any viruses or other corruption or
contamination of a User's system due to access of the City Website or Social Media
Platforms used by the City, nor for any delays, inaccuracies, errors or omissions arising
out of the User's access to said services or with respect to the material contained on the
City Website or Social Media Accounts, including without limitation, any material posted
on the City Website or within a City Mass Communication. The City Social Media
Presence, the City Website, and all materials associated with either or both 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, any Social Media Platform or access mechanism or the City Website
and/or the materials contained on the City Website, whether the materials contained on
the City Website or Social Media Platform are provided by the City of Anna or a third
party.
17. Indemnification.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, BY USING THE CITY
WEBSITE AND/OR ACCESSING OR INTERFACING WITH CITY SOCIAL MEDIA
ACCOUNTS THE USER AGREES TO DEFEND INDEMNIFY AND HOLD
EXPENSES INCLUDING BUT NOT LIMITED TO ATTORNEY'S FEES ARISING OUT
OF THE USER'S USE OF SOCIAL MEDIA, OR ASSOCIATED WITH OR ATTRIBUTED
TO THE CITY OR USE OF THE CITY WEBSITE OR MATERIALS AND
INFORMATION CONTAINED ON THE CITY WEBSITE OR SOCIAL MEDIA
PLATFORMS.