12-08-14 Amended Council Agenda, Packet & Committee Meetings

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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: Sec. 2-9.1 Policies and Procedures Governing City -Owned Technologies, Facebook Standards, Social Media and Social Networking. (a) Purpose and Intent. The following policies and procedures shall govern the official and the ;'.o~ effleial personal use of any and all city -owned technologies; and Privately owned teehnelegies, 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 govern various types of communication and public engagement including but not limited to: I Email and text messagingt 2. Media Sharing — Examples: You Tube, iTunes 3. Blogging/Microblogging — Examples: WordPress, Blogger, Twitter 4. Social Networking — Examples: Facebook, MySpace, LinkedIn, Ning 5. Document and Data Sharing Repositories: Examples: Scribd, S1ideShare, Socrata 6. Social Bookmarking — Examples: Delicious, Digg, Reddit 7. Widgets — Examples: Google Maps, AddThis, Facebook "Like" (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 maybe used for personal purposes on a limited basis, provided there is: i. No marginal cost to the City of South Bend ii. No interference with government responsibilities iii. No political activities iv. No accessing of sites which promote laws which are contrary to the city, state or federal governments ' Indiana's Public Access Counselor Luke H. Britt ruled that private email accounts are public record 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 avails himself to any communication medium, whether it is phone, email or text message, he is availing himself of the Indiana access laws when communicating in his official capacity... the public official is basically on the honor system to either produce the requested emails or identify an APRA exception to 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.