Department of Communications and Engagement and City Attorney’s Office
Reference: City Council Social Media Policy
To: Mayor Gregory Mills and Members of City Council
Through: Michael P. Martinez, City Manager
Prepared By: Kristen Chernosky, Communications & Engagement Director, and Alicia Calderón, City Attorney
Date Prepared: August 14, 2024
PURPOSE
To discuss a Social Media Policy for City Council Members.
BACKGROUND
City Council Members individually use social media, including posting comments and creating content. The United States Supreme Court issued a decision March 15, 2024, that provided direction for social media accounts and the First Amendment. The Supreme Court set forth the test for when local government officials are considered “state actors” for the purposes of the First Amendment when they post on social media. The test to find state action on the personal social media page of a government official (elected or employed), the individual must: (1) possess actual authority to speak on the Government’s behalf on that particular matter, and (2) purport to exercise that authority.
The City Council received a presentation on March 26, 2024 and discussed a draft social media policy on that date. City Council provided feedback and the policy was revised. The attached draft is simpler as requested.
ATTACHMENTS
1. Resolution
2. Social Media Policy
3. Power Point Presentation