Sub shidbde Bill po, S214 ‘Substitute Bill No. 62-14 Ordinance No. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 2, ARTICLE I OF THE SOUTH BEND MUNICIPAL CODE BY THE. INCLUSION OF NEW SECTION 2-9.1 ADDRESSING POLICIES AND PROCEDURES GOVERNING CITY-OWNED TECHNOLOGIES, FACEBOOK STANDARDS, SOCIAL MEDIA AND SOCIAL NETWORKING POLICES AND PROCEDURE! STATEMENT OF PURPOSE AND INTENT. On January 16, 2013, Policy # 01-2013 governing members of the South Bend Common Council took effect which created Interim Policies and Procedures addressing City-Owned Technologies which are currently in effect. On February 1, 2013, Policy # 02-2013 governing members of the South Bend Common Couneil took effect which created Interim Policies and Procedures addressing Facebook Standards. These policies were deemed necessary in light of the Common Council beginning to transition from a paper-driven legislative body to using advanced technologies including but not limited to city-owned computers and city-owned Ipads. Both of these referenced Interim Policies and Procedures have been updated and are included in the proposed ordinance. On June 24, 2014, proposed “Supplemental Social Media Practices and Guidelines” was shared with the Common Council. That draft recommended twenty-five (25) supplemental guidelines and incorporated many policies which are used by other communities and many Fortune 500 companies. Additionally, all three (3) areas summarized above have had input from the City of South Bend’s Human Resources Director and the City’s Information Technologies staff of the Department of Administration and Finance. These policies and procedures would formally govern members of the South Bend Common Council setting forth best practices to help keep pace with the ever-changing technologies. They would be codified into Chapter 2 of the South Bend Municipal Code along with other Common Council regulations. Best practices governing many federal departments have also been studied and reviewed. Today Council Members communicate, collaborate and exchange information using a variety of the latest technologies. It is acknowledged that opportunities to engage the public are often not without risk. This ordinance is intended to address responsible and appropriate use of these new technological resources, and also strives to maintain compliance with the State of Indiana's Open Meeting and Public Records laws. This ordinance is believed to be in the best interests of the City of South Bend, Indiana, in seeking and maintaining the highest standards of respect, integrity, and professionalism of all the individuals elected to serve in legislative branch of city government. Near. Trenfive, Be. Ortatue ty the Common Carne ofthe Coy of Chath Bead, Indiana, as flows‘Ordinance Amending SBMC Creating New Section 2.9.1 Page 2 Section I. Chapter 2, Article 1 of the South Bend Municipal Code is hereby amended by the inclusion of new Section 2-9.1 which shall read in its entirety as follows: See. .1 Policies and Procedures Governing City-Owned Technologies, Facebook Standards, Social Media and Social Networking. (@) Purpose and Intent, The following policies and procedures shall govern the official and the non-official personal use of any and all city-owned technologies; and privatelyowned technologies-usage-of- the usage of Council-related Facebook, social media and social networking services and tools by any person elected to serve as a member of the South Bend Common Council. These policies and procedures shall govem various types of communication and public engagement including but not limited to: Email and text messaging! Media Sharing ~ Examples: You Tube, iTunes Blogging/Microblogging ~ Examples: WordPress, Blogger, Twitter Social Networking - Examples: Facebook, MySpace, LinkedIn, Ning Document and Data Sharing Repositories: Examples: Scribd, SlideShare, Socrata Social Bookmarking - Examples: Delicious, Digg, Reddit ‘Widgets Examples: Google Maps, AddThis, Facebook “Like” NAVAYNA (b) City-Owned Technologies. All technology resources owned by the City of South Bend, Indiana, which are permitted to be used by a member of the South Bend Common Council shall be used in compliance with the following regulations: 1, Technology resources are to be used primarily to serve the governmental need of the City of South Bend. 2. Technology resources may be used for personal purposes on a limited basis, provided there is: No marginal cost to the City of South Bend No interference with government responsibilities No political activities No accessing of sites which promote laws which are contrary to the city, state or federal ‘governments a's Public Access Counsefor Luke H. Brit ruled that private email accounts are public resord if they involve official business under Indiana's Access to Public Records Act. In the Advisory Opinion in Formal Complaint 14-FC-199 issued on ‘October 8, 2014, he noted that “when a public official aveilshimselfto any communication medium, whether i is phone, email of text message, he is availing himself of the Indiana access laws when communicating in his official eapaciy...the public official is basically on the honor system to either produce the requested emails or identify an APRA exception 10 disclosure...the best transparent practice would be to implement a policy where email communication on private accounts dealing with public business is considered potentially disclosable public record.Ordinance Amending SBMC Creating New Section 29.1 Page 3 v. No accessing of inappropriate sites including but not limited to adult content, online gambling, dating services and online shopping vi. No accessing sites which promote illegal activities, trademark and copyright violations vii. No accessing sites that distribute computer security exploits (hacking sites) 3. If any of the above-listed prohibited uses are required for a legitimate goverment reason, an exception process must be followed. 4. No Expectation of Privacy: Nothing in this sub-section confers an individual right or should be construed to provide an expectation of privacy. The provisions of the Indiana Open Door Law codified at Indiana Code § 5-14-1.5 and the Indiana’s Access to Public Records Law codified at Indiana Code § 5-14-3 govern. 5. Further Responsibilities: Each Council Member is expected to: i, Monitor personal use of the intemet, messaging and other applications to ensure that the City of South Bend is being appropriately served Adhere to the policies and procedures addressed herein Read and adhere to any additional policies and procedures developed by the Council's Information and Technology Com: 6. Exception Process: Exceptions to these policies and procedures must be requested in writing to the Chairperson of the Common Couneil’s Information and Technology Committee. All exceptions must be documented in writing and retained according to existing schedules. Exceptions may be granted on a limited-time basis only. 7. South Bend Municipal Code: Al) governing policies codified in Chapter 2 of the South Bend Municipal Code addressing the Common Council shall be adhered to when using such technology resources, (c) Facebook Standards. Facebook is a social networking site which is operated worldwide by Facebook, Inc. The company builds tools which are designed to enable its users to connect, share and communicate with others. Facebook is being used by businesses and governmental entities to help promote communication on various activities, events, projects and programs. The Council's Facebook page is designed to drive traffic to the City’s website and to inform more people about the City Council. ‘The following policies and procedures are to be used in conjunction with all other policies and procedures addressed in this Section. 1. Initial Requirements: When a Council Member determines that he or she has a government need for a Facebook account, the Council Member shall be required to submit a-request theit proposed page to theOrdinance Amending SBMC Creating New Section 2-9.1 Pages ‘Council's Information and Technology Chairperson or to the Common Council for approval. wpproved;th Js Information and Technol ittee (EC) Chaisperson, will Division-being-available-for-back-up-aesistanee. The primary contact person shall be the Council's ITC Chairperson, with the City’s IT Division being the primary back-up for 1 assistance. Applications shall not be added to a City Facebook site, without prior approval by the IT members designated herein. All City providing branding images must meet the City of South Bend, Indiana branding standards. tech Content: Type of “Pages” i, The Council’s ITC Chairperson, with the City’s IT Division being the primary backup, may provide technical advise to create “Pages” in Facebook, not “Groups”. Facebook “Pages” offer distinct advantages including greater visibility, measurability and customization. Community pages may be accepted as is unless there is a copyright/trademark issue or concern. ii, For “type” description, choose “government”, Boilerplate Requirements: i. The IT members designated in these policies and procedures will standardize and provide the Facebook page’s image, consisting of a picture and the City’s official ogo or seal. ii, Each Council Member may include a brief welcome and biography of himself/herself as it relates to publicly serving on the Common Council on the Wall Page and send users first to the Wall to connect to the freshest content. Boilerplate policy text regarding public disclosure and comments must be created using the FBML static page application. A City boilerplate disclaimer statement must follow the introductory statement which shall read as follows: “(Name of Council Member) is a member of the South Bend Common Council. This site is intended to serve as a mechanism for communication between the public and the Council Member on listed topics. Any comments submitted to this page and its list of fans are public records subject to disclosure under the State of Indiana's Access to Public Records law codified at Indiana Code § 5-14-3. All publie disclosure request must be directed to the of South Bend’s Department of Law”Ordinance Amending SBMC Creating New Section 2-9.1 Pages iii. If comments are tumed on in very limited situations, the Wall page must include a link to a Comment Policy tab with the following disclaimer: “Comments posted to this page will be monitored. Under the Citys Council’s blogging policy, the City of South Bend reserves the right to remove inappropriate comments including but not limited to those which have obscene language or sexual content, threaten or defame any person or organization, are of a political nature, promote illegal activity or violate any local, state or federal laws”. Users will be encouraged to contact a Council Member directly rather than having “give and take” comments; and shall be directed to www-southbendin.gov for more information. Link to the City of South Bend: i, A link to the City’s website located at www.southbendin.gov must be included on the Info page. ii, Common Council Member pages should be page favorites of other City Facebook Pages. Page Naming: i, Page name must be descriptive of the Council Member ii, Bach participating Council Member shall choose carefully with consideration for abbreviations, slang iterations, etc. iii, The IT members designated in these policies and procedures shall review and approve qualifying proposed names which meet the City’s policies and procedures. Page Administrators: A successful Page requires “babysitting”. The Common Council President-shell may be the Public Information Officer (PIO) with the Information and Technology ‘Committee Chairperson and the City’s IT Division being the immediate back-ups. The PIO shall. may be responsible for monitoring the Facebook page(s). Posts should be approved by the PIO or a designated back-up. The PIO is responsible for making sure that content is not stale and taking appropriate action thereafter.Ordinance Amending SBMC Creating New Section 2-9.1 Page 6 Each participating Council Member shall be an Administrator of their Facebook page. All postings must include a by-line of the Council Member posting. The PIO has the right to remove any inappropriate postings upon receiving a complaint which do not comply with these standards, ‘The City of South Bend reserves the right to have additional Administrators to oversee compliance with these policies and procedures, Comments and Discussion Boards: Ea Style: Applications: ‘Comments to the Wall generally-wil may be tuned off, but may be allowed only ‘on a case-by-case basis upon the request of a Council Member and approved by the IT members designated in these policies and procedures.-Diseussion- Boards shall betumed of City of South Bend Facebook pages will be based on a template that includes consistent City branding. Only the IT members designated in these policies and procedures will be able to provide requesting Council Members with the template. Council Members may be required to attend a training session prior to any Facebook page being developed, and additional training sessions as changes to this technology evolve, ‘Counci] Members are required to use proper grammar and standard AP Associated Press style, avoiding jargon and abbreviations. Facebook is more casual than other communication tools however, Council Members still represent the City of South Bend at all times, and the highest standards of professionalism and decorum are expected and required. There are literally thousands of Facebook applications. Common applications can allow users to stream video and music, post photos, and view and subscribe to Rich Site Summary (RSS) feeds; and while many may be useful to the Page’s mission, ‘many can cause clutter and security risks.Ordinance Amending SBMC Creating New Section 2-9.1 Page 7 Archive: i. ii, An application shall not be used unless it serves a governmental purpose, adds to the user experience, comes from a trusted source and is approved by the IT members designated in these policies and procedures. An application may be removed at any time by the City if there is significant reason to believe that it is causing a security breach or is spreading viruses, Any additional protocols developed by the City of South Bend must be complied ‘with in conjunetion with a City-wide designated City e-mail account designated for cach Council Member. Content which cannot be retrieved from Faccbook via the API and is required to be retained as a record will be required to be printed and maintained in accordance with the City of South Bend’s records retention policies. (d) Social Media and Social Networking Policies and Procedures. The many forms of social media are ever-changing. The following policies and procedures shall govern all Common Council Members when using social media and social networking sites, regardless of whether such usage is in an official capacity as an elected official. or-privately in-enen-officialpersonaluse. These policies and procedures shall govern when such usage is on any and all city-owned technologies and any and all privately-owned technologies. The following policies and procedures are to be used in conjunction with all other policies and procedures addressed in this Section. ke Responsibility and Consequences: If a Council Member has a question with regard to the usage of social media and/or social networking, he/she shall contact the Public Information Officer (PIO) for the Council. Each participating Council Member takes responsibility for conversation(s) he or she starts, with the Council Member being ever mindful of the fact that his or her actions online reflect on his or her integrity as Council Member, the entire Common Council, and the City of South Bend, Indiana. Identity, Signature and Timestamp: All participating Council Members must identify one’s self and sign his or her post or at a minimum leave one's initials to the Common Couneil Facebook page or any other authorized social media formally established by the Council. Council Members must identify himself or herself and make clear from whom any social media statement is originating, Council posts must clearly show when the information was published; and if the form of social media does not automatically include a time stamp, he or she must then use a template indicating the date and time, Example “11/01/14, 1:35 p.m.”Ordinance Amending SBLUC Creating New Seotion 2-9.1 Page 8 . Assume that Everything One Writes On Line Will Become Publi Photo/Video Release Form and Use of Images: Uf a Council Member decides to post an image(s) to social media, he or she must not violate any copyright, trademark, logo or governing City of South Bend branding policics. Any photo/video/image considered to be obscene er-offensive is prohibited to be posted. |. Disclaimer: If a Council Member's public content online is relevant to the City of South Bend, he or she must clearly communicate that he or she is communicating on behalf of himself or herself and not the City of South Bend. Participating Council ‘Members shall include the following statement “The views expressed on this site (or in this post) are one’s own and do not necessarily represent the positions of the city, its officers or officials, strategies or opinions”. . Compliance with Applicable Laws and Policies/Procedures: Each Council Member who decides to use social media is responsible for complying with all applicable federal, state, county and city laws, policies and procedures. Emergencies and Official City Business: For official statements published by the City of South Bend and during all emergencies, all social media contact and postings must be coordinated with the City of South Bend Director of Communications, as part of its Emergency Support Function. Depending on the type of incident/declared emergency, publishers may be directed to point to special social media sites that will serve as the main source(s) of information, which in such circumstances may be directed by the Emergency Management Agency. In such instances, Facebook Share or retweet Council or City information to fans/followers may be done as needed in order to ensure message accuracy and consistency. Each Council Member should always operate on the assumption that everything is visible to everyone. Participating Council Members shall log out of Facebook when shutting down a computer to minimize hacking in your name. Council Members-are-required ‘e—tmeniter should consider monitoring what other people post to their page and monitor what photos people tag where a Council Member appears in a photo. Council Members are required to protect confidential information. . Post Only Legally Accurate Information: Participating Council Members must comply with the State of Indiana’ s Open Meeting law and Public Records law. Therefore posts regarding official City of South Bend business shall always be in compliance with such laws protecting confidential material and be in compliance with copyright, trademark, logo and branding laws, policies and procedures. Links may be made to sources or statements as references to ensure accuracy. Posts should be informative-and based on-sustainable facts-which-ean-be-verified. Consider and verify all sources BEFOREOrdinance Amending SBMC Creating New Section 2.9.1 Page 9 posting. Content gathered online is subject to the same attribution rules as other content. Council Members shall proofread all posts for grammatical and spelling errors in addition to verification of the accuracy of the information to be posted. 9. Attribution: In the event that a Council Member decides to publish an email or other message he or she has received from a reader, the Council Member must be clear in his or her post that the email or message is from another person and that the words are not the words of the Council Members. BEFORE such a post is made, the Council Member ‘must cheek should consider checking the accuracy of the comment before republishing. 10. Honesty and Being Straightforward: All posts must be accurate and must avoid being misleading in any way. Posts should be presented as being brief, accurate and to the point. If'a Council Member is alerted or discovers that a post which he or she made may be misleading, that Council Member must correct the post as soon as possible. 11. Encourage Readers to Contribute: Council Members may encourage multiple perspectives, additional knowledge and expertise which should be properly and respectfully acknowledged, 12. Always Be Respectful: Posts may encourage comments of opposing ideas. Responses shall be carefully considered in light of how such responses reflect upon the individual Council Members, the Common Council and the City of South Bend, Indiana, Disruptive behavior shall never be rewarded by a participating Council Member. Council Members have the duty and responsibility to report any such instances as ‘consistent with these policies and procedures in a respectful manner. 13, Embracing Social Media is a Risk-Based Decision, Each Council Member who individually decides to participate in using social media acknowledges the principle that this isa “risk-based decision”? 14, Defamatory Personal Attacks Prohibited: Postings shall never include profane or defamatory personal attacks of any type. No Council Member shall post in a defamatory or unprofessional manner. especially-when-2 person’s-postis-eritical toa Council Member. » Guidelines for Secure Use of Social Media by Federal Departments and Agencies, prepared by the Information and Seourty and Identify Management Committee (ISIMC), Network and Infrastructure Security Subcommittee (NISSC) and the Web 2.0 Security Working Group (W20SEG) (p. 6, 2009) noted that “The decision to embrace social media technology isa risk-based decision not a technology based decision. order to defend against rapidly evolving social media threats, departments snd agencies should inchide a multi-layered approach in a risk management program, including risks to the individual, risks to the department or agency, and risks to the federal infiastructure”,Ordinance Amending SBMC Creating New Section 2-9.1 Page 10 15. Participation and Endorsements: A Council Member who participates in an online group should be aware that such participation may be seen as endorsing such views. Council Members shall be aware decide to observe in a group's activities or become a member thereby being governed by all rules of professional conduct. 16. Transparency and Requirement fo Correct Mistakes; Council Members are responsible for being transparent. If a Council Member has a personal interest it must be declared. ‘Transparency includes declarations of affiliations, perspectives or previous coverage of a particular topic or individual. All conflicts of interests are specifically govemed by the Council’s regulations addressed in the South Bend Municipal Code and Indiana Code § 35-44.1-1-4 addressing conflicts of interest. Council Members shall be open about their mistakes. Council Members have a duty to issue a correction in a timely ‘manner to any post which was posted incorrectly or contained mistakes regardless of ‘what means of communication was used. 17. Integrity is a Core Value: Ethical principles do not change in differing media. The standards which gover behavior and activities as Council Members addressed in Chapter 2 of the South Bend Municipal Code apply online and offline. 18. Compliance With All Governing Laws, Policies and Procedures. Any Council Member who decides to use social media or any form of social networking is responsible for complying with all of the governing regulations set forth in this Section of the South Bend Municipal Code, and all other City policies and procedures, and applicable state and federal laws. (©) Violations. The Council recognizes that public confidence in the integrity of the Common Council and its elected Common Council Members is essential to the exercise of good government. Therefore any Council Member allegedly violating this Section shall be timely reported to the Office of the City Clerk on a form available fiom that Office. Upon receipt, the Office of the City Clerk shall send said verified form to the Council Member alleged to have violated this section, The Office of the City ‘Clerk shall simultaneously send the verified form to the Information and Technology Committee and the City’s Human Resources Director for a review of whether the allegation is sustainable and send their recommendation(s) to the Council Rules Committee, with the recommendation from the Human Resources Director being advisory only. Upon receipt of said recommendation(s), the Council Rules Committee shall have the limited authority to accept or deny said finding regarding the allegation(s), A majority vote of the voting members of the Council Rules Committee shall be required to implement the following disciplinary action: a moratorium of all social media ranging from a minimum of three (3) ° Socurity Working Group (W20SEG) (p. 6, 2009) noted that when a person decides to embrace social media technology, risk ‘mitigation should include policies which “...focus on user behavior, both personal and professional”. ‘ Violations of Section 2-9.1 of the South Bend Municipal Code shall be exclusively governed by this paragraph and Indiana Code § 36-4-6-6.Ordinance Amending SBMC Creating New Section 2-9.1 Page 11 months fo a maximum of the remainder of the term of office of the Council Member. Each sustained violation shall be subject to a public reprimand, in light of the fact that usage privileges of any city-owned technologies or posting privileges to the Common Council Facebook page are public postings, and that social media is public, (f) Ongoing Training and Education. The Council’s Information and Technology Committee shall be responsible for hosting ongoing training and education sessions for members of the Common Council, Each January @ mandatory training and education session shall be required for all Council Members. Section IV. If any part, subsection, section, paragraph, sub-paragraph, sentence, clause, phrase or word of this ordinance is for any reason declared to be unconstitutional or otherwise invalid by a Count of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. Section V. This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication effective February 2, 2015. c ee > Tim Scott, 1* District Council Member Information & Technology Committee Chairperson South Bend Common Council Karen L. White, Council Member at Large South Bend Common Council Derek D. Dieter, Council Member at Large South Bend Common Council Gavin Ferlic, Council Member at Large Information & Technology Committee Vice-Chairperson South Bend Common Council 5 Ik was recommends of Cong “Education and trainin nedia usa Jp Mert nd how best ‘ime and f-this work and to_understand the risks sibilities ermanency and rapi ial media”, Congres ia, Shersi ofthe B. Johnson School of Public Affairs. University of Texas at Austin, October 22, 2012. p. 2. The Houso Ethies Committee holds a mandatory training session within the first sixty (60) days of emplovmentOrdinance Amending SBMC Creating New Section 2-9.1 Page 12 Hes: Office of the City Clerk ‘reientedioy me to Pete Buttigieg, the Mayor of the City of South Bend, Indiana, on the day of. 2014, at o'clock __. m. Janice Talboom, Deputy Clerk proved and squed oy me onthe ___day of. »2014, at___o’clock __m. Pete Buttigieg, Mayor City of South Bend, Indiana 1st READING Hay PUBLIC HEARING CoB 20t4