01-26-15 Agenda, Packet and Committee Meeting Notice

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BILL NO. 04-15 ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, AMENDING VARIOUS SUB - SECTIONS OF CHAPTER 2, ARTICLE 1, SECTION 2 -9.1 OF THE SOUTH BEND MUNICIPAL CODE ADDRESSING POLICIES AND PROCEDURES GOVERNING CITY -OWNED TECHNOLOGIES, FACEBOOK STANDARDS, SOCIAL MEDIA AND SOCIAL NETWORKING POLICIES AND PROCEDURES STATEMENT OF PURPOSE AND INTENT On December 9, 2014, the South Bend Common Council passed Ordinance No. 10343 -14, which set forth various policies and procedures addressing city -owned technologies, Facebook Standards and social media which would govern the Common Council Members. That ordinance was later approved by South Bend Mayor Pete Buttigieg that same day. The original sponsors of the ordinance have continued to elicit comments and suggestions, in the interest of seeing that "best practices" in each of these areas are properly established. The sponsors of the ordinance are and continue to be ever mindful of the First Amendment rights which is made applicable to the states and political subdivisions by the Fourteenth Amendment. In the interest of further clarifying these procedures, consistent with Garcetti v. Ceballos, 547 U.S. 410 (2006), and applicable case authority thereafter, and the Common Council desire to continue to protect the governmental interests of the legislative body of South Bend city government, by following ordinance is introduced. +/ /1PTPI'%F, / & &IzAilime/by the Common Council of the City of South Bend Indiana as follows: Section I. Chapter 14, Article 9, Section 2- 9.1(a) of the South Bend Municipal Code is amended in part to read as follows: (a) Purpose and Intent and Definitions.. The following policies and procedures shall govern the official and the personal use of any and all city -owned technologies; and 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. For purposes of this section, "Council - related" means anything subiect to the Indiana Access to Public Records Act. These policies and procedures shall govern various types of communication and public engagement Any are Council - related inelu'ii°° but net limited 1 Email and text messaging' ' 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 [Indiana Code 5 -14 -3] 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,