HomeMy WebLinkAbout(2017, 08/08) - D-5 - Amended (incorporating D-6)DIGITAL COMMUNICATION
Purpose
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Digital communication tools and channels enable the City of Newport Beach to efficiently
inform and engage residents, businesses and visitors. They also enable greater public
access to City information and services. Digital communication tools and channels
include, but are not limited to, websites, social media platforms, photo and video sharing
sites, wikis, blogs, and mobile content.
City officials, staff and others who share and receive information on behalf of the City
shall use digital communication channels and tools in ways that are professional,
consistent and coordinated, maximize transparency and clear communication, maintain
the security of the City network, and adhere to all other applicable laws and Council and
administrative policies.
City Websites
The City of Newport Beach websites have been created and maintained for exclusive use
by the City in communicating information relevant to the City's mission to the public.
The City websites are not public fora for debate or discussion of controversial issues or
topics.
A. Content
The City's websites shall be used to convey timely information about City services,
officials, programs, projects and events to the local community and the general
public. Content on City websites must be approved, prior to posting, by an
authorized member of the City staff. The City exclusively controls the content of
all City websites.
1. Political Speech Prohibited.
No City website will be used to support or oppose a local or statewide ballot
measure. No City website will be used to support or oppose any campaign
for public office.
2. Commercial Speech Prohibited.
No City website will contain commercial advertising. A City website, may
however, contain a list of sponsors that have supported a City event or
program.
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B. External Links
The City of Newport Beach website may provide hyperlinks (hereinafter "links")
to external websites that provide additional information on selected topics. Links
shall be posted at the City's sole discretion, and shall not be posted at the request
of third parties. City websites shall only contain external links that: (1) are
determined to fall within the categories described below, and/or (2) are
determined to be consistent with the purposes of this Policy as stated above.
No external links shall be construed as an endorsement of, and the City of
Newport is not responsible for, the content of any such external websites. An
external link is not intended to create a designated or limited public forum on any
portion of the City website. If the City decides to post an external link on one of
its websites, the City alone shall determine how, when and where links are located
on its website.
1. The City Manager or his/her designee may approve links within the
following categories:
a. Other government agencies;
b. Firms with franchise agreements with the City, such as for utilities,
cable TV and/or internet service, waste removal and other similar
companies which provide service to residents of the City under
agreement with the City;
C. Links to corporate or company sites that provide web -based
automated solutions specifically designed for use by the City and/or
the public through the City website. These applications may be
hosted internally or externally;
d. Organizations in a direct contractual relationship with the City, that
receive funding in the form of either monetary or in-kind
contribution from the City to promote the economic and cultural
development of the City, in areas such as commerce, dining, tourism,
and arts and entertainment within the City;
e. For the Newport Beach Public Library ("Library") website, and/or
any section of the City website used for Library purposes, links that
support the Library's mission to meet the cultural, educational and
informational needs of Library customers.
2. The City website shall not include links to websites that:
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a. Promote or exhibit hate, bias, discrimination, "adult-oriented"
material or material not suitable for viewing by persons of all ages,
or material with libelous or otherwise defamatory content;
b. Advocate the agenda or position of a political party, candidate for
elected office, ballot initiative, or campaign or fundraising websites
of holders of or candidates for political office (whether elected or
appointed), unless (1) the link is to a website that contains only
speech the City wishes to adopt as its own, as indicated by an action
adopted by Council, and (2) no violation of Government Code
Section 54964 (prohibiting expenditures of public funds on any
communication that expressly advocates approval or rejection of a
clearly identified ballot measure, initiative or candidate certified to
appear on a local ballot) is reasonably likely to result. No linked
website shall post communications on its homepage that expressly
advocate the approval or rejection of a clearly identified ballot
measure or candidate certified to appear on the local ballot; if it does
so the City shall remove the link from the City websites immediately.
The City websites shall remain consistent with federal policies on
Gov Internet domains that prohibit references and links to specific
websites operated by campaigns and any campaign entity or
committee, and websites containing political acronyms or party
names;
C. Violate any of the City's equal opportunity policies; and/or
d. Are personal in nature and are operated by individuals. (This
category shall include all blogs and chat groups.)
D. Accessibility
City websites will comply with accepted disability access design standards.
E. Service Marks, Trademarks and Copyright
All intellectual and proprietary property rights, including copyrights and rights to
service marks and trademarks, as to any and all text, material, images and/or
content appearing on or accessible through the City website, belong to the
respective owners of these rights. The City owns all other intellectual and
proprietary property rights, including copyrights and rights to service marks and
trademarks, as to the City Seal, all City logos, symbols, emblems, and any and all
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other images, designs, content and materials created by or on behalf of the City
that appear on or are accessible through the City website. No person or entity
shall: modify and or use the text, images or other City website content from a web
server; distribute the City's web content; or "mirror" the City's information on a
non -City server without written permission from the City Manager or his
designee.
Social Media
The City of Newport Beach utilizes social media platforms to provide information to and
interact with its citizens and the general public. Messages and content posted on social
media platforms may constitute speech on behalf of the City, but such speech takes place
on a non -City venue. Therefore, the City Council finds and intends that speech posted
on social media platform venues by City representatives, and comments by the public
posted on social media platform venues in response, do not create a public forum or
limited public forum on any portion of the City's websites, equipment or other such City
property.
A. Social Media Sites
The City of Newport Beach official website at www.newportbeachca.gov (or any
domain owned by the City) is the City's predominant internet presence and the
primary location of its electronic information. When possible, social media site
shall link to the City's official website to facilitate public access to forms, records,
documents and online services.
Social media sites created on behalf of the City of Newport Beach must first be
approved by the City Manager's Office and the appropriate Department Head.
B. Official Social Media Use
All use of social media by any City department, employee, board, committee or
commission member, or consultant, on behalf of the City of Newport Beach will
comply with the following:
a. Only those authorized by the City Manager or a Department Director to
speak on behalf of the City and convey information regarding City
programs, projects, policies or any other such City business on social media
platforms may communicate on the City's behalf on the subject of City
matters on any social media platform. This includes initiating statements
on, or responding to comments received from, various social media outlets
in any manner that members of the public might perceive as a statement on
behalf of the City of Newport Beach.
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b. City employees or members of a board, committee or commission wishing
to express their personal points of view on a social media platform may do
so on their own time and equipment. If, on their own time and equipment,
a City representative comments about a City matter or issue on a social
media platform, they should identify themselves as being affiliated with the
City and clearly indicate that their opinions and statements are their own
and are not the representations of the City of Newport Beach.
C. Representatives of the City of Newport Beach utilizing social media shall,
at all times, conduct themselves in an appropriate and professional manner.
d. All City social media sites and users (including use of non -City Social
Media sites for communications related to City business) must conform to
all applicable federal, state and local laws and City Council and City
administrative policies.
e. Members of the City Council or a City commission, board or committee,
must not "like', "share", "retweet" or comment on any social media posts,
or express opinions about or discuss an issue within the subject matter
jurisdiction of the body.
Communication through Digital Communication Channels
Communication made through the City website shall in no way be deemed to constitute
legal notice to the City or any of its departments, officers, employees, agents, or
representatives, with respect to any existing or potential claim or cause of action against
the City or any of its departments, officers, employees, agents, or representatives, where
notice to the City is required by any federal, state or local laws, rules, or regulations. The
City does not accept service of notice or process through its website.
Disclosure and Disclaimer
While the City endeavors to keep content on its website and social media sites accurate
and timely, the City neither warrants nor makes representations or endorsements as to
the quality, content, accuracy, timeliness, or completeness of the information, text,
graphics, links, and/or other items or material contained on or within the City digital
communication tools and channels, its server or any other server accessible through the
City website. Any and all such information, text, graphics, hyperlinks, and/or other
items or material are distributed, made available and transmitted "as is", without
warranty of any kind, whether express or implied, including without limitation,
warranties of title or implied warranties of merchantability or fitness for a particular
purpose, and any and all such warranties are expressly disclaimed.
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History
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Adopted D-5 - 7-28-2009 (as D-5 "City Websites")
Adopted D-6 - 3-23-2010 (as D-6 "Social Media")
Amended D-5 - 8-8-2017 (incorporating D-6, renaming "Digital Communication")
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