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12-08-14 Amended Council Agenda, Packet & Committee Meetings
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12-08-14 Amended Council Agenda, Packet & Committee Meetings
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12/8/2014 11:54:11 AM
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City Council - City Clerk
City Council - Document Type
Agendas
City Counci - Date
12/8/2014
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Ordinance Amending SBMC Creating New Section 2 -9.1 <br />Page 2 <br />Section I. Chapter 2, Article I of the South Bend Municipal Code is hereby amended by the <br />inclusion of new Section 2 -9.1 which shall read in its entirety as follows: <br />Sec. 2-9.1 Policies and Procedures Governing City-Owned Technologies, Facebook Standards, <br />Social Media and Social Networking. <br />(a) Purpose and Intent. The following policies and procedures shall govern the official <br />and the non - official personal use of any and all city -owned technologies and privately -owned <br />technologies, usage of Facebook, social media and social networking services and tools by any person <br />elected to serve as a member of the South Bend Common Council. <br />These policies and procedures shall govern various types of communication and public engagement <br />including but not limited to: <br />I Email and text messaging' <br />2. Media Sharing — Examples: You Tube, iTunes <br />3. Blogging/Microblogging — Examples: WordPress, Blogger, Twitter <br />4. Social Networking — Examples: Facebook, MySpace, LinkedIn, Ning <br />5. Document and Data Sharing Repositories: Examples: Scribd, SlideShare, Socrata <br />6. Social Bookmarking — Examples: Delicious, Digg, Reddit <br />7. Widgets — Examples: Google Maps, AddThis, Facebook "Like" <br />(b) City -Owned Technologies. All technology resources owned by the City of South <br />Bend, Indiana, which are permitted to be used by a member of the South Bend Common Council shall be <br />used in compliance with the following regulations: <br />1. Technology resources are to be used primarily to serve the governmental need of the City of <br />South Bend. <br />2. Technology resources maybe used for personal purposes on a limited basis, provided there is: <br />i. No marginal cost to the City of South Bend <br />ii. No interference with government responsibilities <br />iii. No political activities <br />iv. No accessing of sites which promote laws which are contrary to the city, state or federal <br />governments <br />' Indiana's Public Access Counselor Luke H. Britt ruled that private email accounts are public record if they involve official <br />business under Indiana's Access to Public Records Act. In the Advisory Opinion in Formal Complaint 14 -FC -199 issued on <br />October 8, 2014, he noted that "when a public official avails himself to any communication medium, whether it is phone, email <br />or text message, he is availing himself of the Indiana access laws when communicating in his official capacity ... the public <br />official is basically on the honor system to either produce the requested emails or identify an APRA exception to <br />disclosure... the best transparent practice would be to implement a policy where email communication on private accounts <br />dealing with public business is considered potentially disclosable public record. <br />
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