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HomeMy WebLinkAboutReso 2026-3979RESOLUTION NO. 2026 -� A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, ADOPTING A SOCIAL MEDIA POLICY FOR ELECTED OFFICIALS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THE TERMS OF THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Sunny Isles Beach (the "City") previously directed staff to develop a Social Media Policy (the "Policy") to guide elected officials in their use of social media platforms based on best management practices; and WHEREAS, the purpose of the Policy is to provide clear guidance regarding elected officials' use of personal and professional social media accounts and to establish a process for requests relating to the City's official government social media pages; and WHEREAS, City staff presented a draft Policy for discussion by the City Commission at its January 15, 2026 Workshop; and WHEREAS, following the Commission's deliberations, staff incorporated minor revisions for final approval, including: (1) correcting multiple instances of the term "commissioner" to "elected officials" for consistency and accuracy; (2) replacing the phrase "open records" with "public records" in all instances referencing the Florida Public Records Act; (3) clarifying in one instance, with statutory citation, that certain records are subject to the Florida Public Records Act and the Government in the Sunshine Law; and (4) making minor grammatical and punctuation revisions and language refinements to improve clarity; and WHEREAS, the City Commission finds that adoption of the Social Media Policy for Elected Officials is in the best interest of the City and promotes transparency, accountability, and compliance with applicable Florida law. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Adoption of Policy. The City Commission hereby adopts the Policy, attached hereto as Exhibit "A". Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution will become effective upon adoption. @ BCL@CC17EF67 Page 1 of 2 947 PASSED AND ADOPTED this 19t" Februa 026. Larisa Svechin, Mayor cur, c.iviL., Laty LaerK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: '// 0_ "� e . Alain E. Boileau for Nabors, Giblin & Nickerson, P.A., City Attorney Moved by:� ` G Seconded by: (�II��. r14•! Vote: Mayor Svechin (Yes) (No) Vice Mayor Viscarra (Yes) No) Commissioner Joseph (Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant (Yes) (No) @BCL@CC17EF67 Page 2 of 2 948 City of Sunny Isles Beach Social Media Policy For Elected Officials J Purpose This policy establishes guidelines for the appropriate use of social media by elected officials of the City of Sunny Isles Beach to ensure transparency, fairness, compliance with legal regulations, and effective communication with the public. Scope This policy applies to all elected officials of the City of Sunny Isles Beach, including the Mayor, Vice Mayor and City Commissioners, when using social media in their official capacity or when their online posts and content may be reasonably perceived as representing the City as an elected official. This policy further applies to any person working on behalf of an elected official representing city business or interests, whether they are a public employee or private citizen or organization. However, this policy is not intended to regulate, prohibit, or inhibit the protected free speech of any individual elected official. Instead, this policy is designed to protect the City Commission's majority, legally binding position on any issue that is decided before it, while providing guidance to elected officials on the use of social media platforms. Privacy Statement Elected officials should be aware that there is generally no reasonable expectation of privacy when posting comments and content on social media sites where information is displayed for public viewing. This includes posting content on the pages of friends, family, and acquaintances who have privacy settings enabled. These, privacy settings do not automatically classify a posting as "private" and elected officials should consider any publicly displayed content on the internet as "not private." Regardless of whether a private message is sent from an elected official public page, campaign page, or personal social media accounts, if the subject therein includes any official business of the City and the Commission, that message is not private and will be subject to Public Records and Sunshine Laws. 949 Definitions The following definitions are provided to reflect the intended application within this policy: Authorized User means and includes any City employee, contractor, consultant, or vendor responsible for the use, administration, management, monitoring and/or retention of social media, social media tools, or websites and/or social media content, in the name of or on behalf of the City or any City department. Campaign Account means and includes any social media pages, profiles, or websites that are designed to support a candidate for elected office, or those pages and accounts that otherwise endorse a political candidate or position on a policy initiative. Elected Official Account means and includes any social media pages, profiles, or websites that are operated in a manner that represents the official capacities of an elected office of the City. This includes any social media profile or page that is responsive to the public in a manner that purports to represent an elected office whether directly controlled by the office, an employee thereof, or a private party on behalf of the elected official. Official City Accounts means and includes any social media pages, profiles, or websites that are owned, operated, and maintained by the City of Sunny Isles Beach. Personal Account means and includes any social media pages, profiles, or websites that are created and maintained by a private citizen. Post is any message, picture, graphic, advertisement, notification, feed, stream, transmission, broadcast, podcast, video, instant message, text message, blog, status update, wall post, comment, and any and all other forms, means or attempts at collaboration or communication that is uploaded, posted to, or otherwise displayed on or transmitted by, any social media account or network. Social Media is a term that refers to internet-based digital communication platforms that integrate user -generated content and user participation to share information, opinions, and other content such as photos, videos, articles, and other publications. Social media sites may include but are not limited to Facebook, X, Instagr6m, Linkedln, and YouTube. Social Media Account means any registration, login credential, tool, forum, website, or network that is created or maintained by a department, City authorized user, employee, or the general public for the purpose of establishing or perpetuating a social media presence. Social Media Content includes any materials, documents, photographs, videos, graphics, and other information that is created, posted, distributed, or transmitted using social media internet sites or social media tools. 2 950 Guiding Principles of Social Media Accounts The following guidance is provided to reflect the best management practices of social media engagement for elected officials based on the type of social media account or page. Personal (Non -government) Social Media Accounts and Pages A. As citizens, elected officials have the right to personal social media accounts. However, elected officials should avoid publishing content on personal pages that pertain to official city business, or any posts that otherwise could be reasonably interpreted as using their official office or authority. The use of personal accounts in any official capacity will subject the account to Public Records and Sunshine laws and prevent elected officials from keeping their personal accounts private. B. Use of City logos, seals, or other official insignia when posting on personal pages is not permitted and may be found as representation of official city business. However, second- hand content that is sourced or shared from official City (government) accounts and includes the City logo, seal, or other official insignia is generally acceptable. C. When using personal social media accounts to comment or message other people, regardless of what page or profile this activity occurs, elected officials should clearly distinguish between official City business and those of their own private interest. D. Comments originating from a personal account on any public or personal page about city business will subject the comment to public records requirements. Such activity may also subject the entire personal account and profile to Public Records and Sunshine Laws if the use of the account or profile for public business is regular or frequent. Elected Official (Public Figure) Social Media Accounts and Pages As an elected official, it is a common and best practice to develop and manage separate social media accounts and pages from those intended for personal or private use. This practice helps establish a clear line of separation between the public records requirements of an elected official and the rights of that official as a private citizen with the following considerations: A. Any account representing official city business through an elected office should not be combined with any political campaign or private interest. B. All content including comments, messages, posts, shares, and "privacy settings" of public accounts are subject to open records rules and requirements. C. An account representing an elected official in their official capacity must not delete or block comments pursuant to Public Records and Sunshine Laws. 3 951 D. Official (government) social media accounts should not be used to inure a private benefit or interest, including the endorsement of products, goods, or services. Campaign (Political) Social Media Accounts and Pages A. Campaign accounts should never be comingled (or combined) with elected official accounts. These campaign accounts include any page or profile representing a policy initiative, political campaigns of candidates for public offices, or a social media page otherwise endorsing a policy or person in an election. B. The use of campaign accounts for official public business will likely subject the account to the same legal standards as any other official government page. C. Generally, campaign accounts enjoy 1stAmendment protections in the form of content moderation, however, the use of such accounts for any official public (city) business may forfeit the right of the account owner to delete or block comments and participation. Official City (Government) Social Media Accounts and pages A. The City's officially managed social media accounts and pages are designed to provide residents and visitors with accurate information on municipal services and happenings. To that end, requests for posting any content on these accounts shall be strictly limited to the public business of the City. All other content must be permitted by law and approved by a majority of the City Commission during an official City proceeding. B. Content creators, under direction of the City Manager, will use their best efforts to ensure no individual elected official receives preferential treatment on social media platforms, and no official City posts, content, or social media engagement will be made to inure to the private benefit of any one elected official, faction, party or interest. C. For holidays, minor events, and general announcements, the City will issue a single, unified message from the official City account(s) to ensure consistent and clear communication through the City Manager's Office. D. During crises, tragedies, or significant events (e.g., natural disasters, wars), whereby a local declaration of emergency is declared, only the Mayor, City Manager, or their officially designated spokesperson is authorized to issue statements on behalf of the City to maintain accurate and timely messaging, through the City Manager's Office. E. Only content meeting the standards reflected herein, and deemed appropriate by the City Manager, will be posted to City social media channels. F. To protect the public interests of the City Commission as an institution, social media content postings of the City will be directed by the City Manager's Office and should not 0 952 be directed by any individual elected official without prior approval from the City Commission through an official motion and vote by the Commission. General Regulations Compliance with Public Records and Sunshine Laws A. All social media activities by elected officials involving the public business of the City Commission must comply with federal and state laws, public records requirements, and applicable ethics rules. Such activities include discussing, deliberating, or deciding matters that may foreseeably come before the City Commission, pursuant to Florida's Public Records Act (Ch. 119, Fla. Stat.) and Sunshine Law (Ch 286, Fla: Stat.). B. All social media posts, comments, messages, and content by elected officials related to City business are open records and must be retained and archived pursuant to Public Records and Sunshine Laws and it is the responsibility of each respective elected official to produce such record to a requestor upon request. C. City resources, including official City social media accounts and pages, must not be used for campaign or political purposes. All social media accounts, profiles, and pages owned or managed by the City shall neither advance a private political interest nor include any campaign -related content in violation of state and federal laws. There must also be no links between public accounts and political campaign pages. D. Pursuant to Public Records and Sunshine laws, at no point should any social media content or engagement by an elected official of the City respond to or have the appearance of being a response to any other social media post or content by another elected official of the City, including the copying of any such content. Transparency and Accountability A. Elected officials should clearly distinguish between their political campaign and non - campaign -related social media accounts and pages. At no point should a comment, post, or other form of social media engagement, acting or having the appearance of acting in an official government capacity, be comingled with campaign -related content. B. Government accounts, elected official accounts, campaign accounts, and any private accounts where city business occurs are subject to Florida Public Records Law including any social media page or account, whether managed by the City, an elected official, or their designee and intended to represent the public office or official business of the City. 5 953 C. Social media pages or accounts intended to represent an elected official as a public figure should clearly identify the elected office held and should be strictly limited to the official business of the City. D. In addition to public commentary on posts, "private" messages received and replied to in any official capacity on social media platforms (like Facebook) may also be subject to public records laws. These messages should never be deleted as each elected official is responsible for the retention and production of their public records upon request. Content Standards for Government and Public Official Social Media Pages A. Permitted content includes: o Announcements of City events, services, meetings, or programs. o Sharing of official City publications, press releases, or emergency information. o Community engagement on non -decisional, informational matters. B. Prohibited content includes: o Political campaign activity for yourself. o Confidential or privileged information. o Endorsements of commercial products, services, or private organizations (unless part of an official City partnership). C. Social media communications should reflect the City as a unified entity. Elected officials are expected to present information in a manner that supports the City's mission, vision, and values as determined by a majority vote of the Commission. o All communication must be professional, respectful, and free from discriminatory, harassing, or inflammatory language. o Officials should model civil discourse even in the face of disagreement or criticism. Moderation & Public Comment Elected officials that manage social media accounts or pages that represent their public office or city business must adhere to the rules of moderation and public comments, as well as the laws governing public records retention and free speech. A. Any social media account, profile, or page involving elected officials and the public business of the City, and which allows for public comments, are considered limited public forums where free speech protections apply. Moderation of comments on these pages may only occur if they contain obscenity, true threats, incitement to violence, personal identifying information (e.g. social security numbers), or clearly off -topic commercial spam. 954 B. Elected officials who operate social media accounts or pages in their official capacity shall not block users, restrict access, or use equivalent technical measures against any individual on the basis of that individual's viewpoint, criticism of the City, or criticism of the elected office holder. C. Elected officials may be held civilly liable for moderating social media profiles, accounts, or pages they manage if such moderation is found to have violated the free speech rights of citizens. D. Any questions or concerns relating to the legal standards of social media comment moderation should be directed to the City Attorney for guidance. Records Retention A. All official social media communications must be archived in accordance with state records laws, including any account or page created, owned, or managed by elected officials of the City acting in their official capacity, regardless of the content location. B. Elected officials are responsible for ensuring that any city -related communication from their personal accounts is properly archived pursuant to Public Records and Sunshine Laws when the content includes information pertinent to official city business. Enforcement Failure to adhere to this policy may result in public corrective action by the City Commission. Policy Review This policy will be reviewed annually and updated as necessary by the City Manager's Office or their designee, to remain compliant with legal standards and best practices subject to the, approval of the City Commission. For questions or clarification, please contact the City Attorney. 7 955 TO: VIA: FROM: DATE: RE: City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33160 (305) 947-0606 City Hall (305)949-3113 Fax MEMORANDUM Honorable Mayor and City Commissioners Stan Morris Ben Hogarth, Assistant to the Deputy City Manager February 19, 2026 Social Media Policies for Elected Officials RECOMMENDATION: Staff recommends approval of the Resolution. REASONS: The Commission previously directed staff to establish a social media policy guiding elected official use of social media platforms based on best management practices. This policy exclusively addresses elected officials' use of social media and the process for their requests regarding the city's official government page. A draft resolution was presented before the Commission during its January 15, 2026, workshop and following those deliberations,' staff made minor suggested edits for final approval including the following: • Corrections for numerous instances of the word "commissioner" where "elected officials" should be substituted in its place. • Replaced the phrase "open records" to "public records" in all instances where the Public Records Act is intended as reference. • Clarified in one instance with statute citation that certain records are subject specifically to the Public Records Act and Sunshine Law. • Minor grammatical fixes including punctuation and a few language revisions for better clarity of reading. ATTACHMENTS: Resolution Item Number: 9.11 945 Social Media Policy for Elected Officials Item Number: 9.R 946