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Home My WebLink About105-Initial Policy from Initial Staff Report.pdfDRAFT – June 25, 2009 CITY OF SARATOGA City Council and Commission Electronic Communications Policy I. Purpose : Use of electronic media is necessary and useful for City Council and Commission members in order to improve communication and efficiently perform their City duties. The purpose of this policy is to insure the proper use of the City’s electronic media and to set out the policy the City Council and Commission members will follow when using electronic media and the City’s electronic communication system. This policy will also insure that use of City electronic media complies with applicable law, including the Public Records Act and Brown Act. This policy is applicable to all City Council members and Commissioners. II. Definitions A. City’s Electronic Communication System – City-owned devices or products designed to electronically process, transmit, or store information such as computers, phones, cell and smart phones, printers, modems, data files, and e-mail. B. User – a Council member or Commissioner who uses the City’s electronic communication system. C. E-Communication – electronic text or visual communication and attachments distributed via e-mail, websites, instant messaging, text messaging, twitter, or comparable protocols. D. Electronic Media – a method for processing or transmitting information in electronic form, including E-Communication, software programs and the Internet. III. General Procedures A. Protocol for Electronic Communications. All Council members and Commissioners will be issued accounts for use of City electronic media for E-Communication on City business. E-Communication by nature represents and reflects upon the City’s public image and integrity. Users should insure that their messages are respectful, professional, and are consistent with City policies. E-Communication should be written or otherwise presented in the same professional and respectful manner as paper communications. The City’s Electronic Communication System shall be used only for City business. B. No Use of Personal E-Communication. Users shall not use their home or business E- Communication accounts or addresses for any communication pertaining to City business. When using E-Communication, users should communicate with the public and staff solely via their designated City E-Communication addresses. Users shall not commingle E-Communication pertaining to City business with E-Communication pertaining to their home or business. Council and Commission Electronic Communications Policy Page 2 of 4 C. Electronic Communications between Council members or Commissioners Concerning City Business. Communications from (1) a Council member to another Council member or members concerning City business, and (2) a Commissioner to another Commissioner or Commissioners concerning Commission business should be “one way” and marked “For Information Only—Do Not Reply.” D. Electronic Communication by a Quorum of the Council and Commission or a Council and Commission Standing Committee. A majority of the members of the Council or a Commission shall not send or exchange facts about or engage in discussions regarding City issues via E-Communication, including chat rooms, news groups, on-line forums, weblogs, twitter feeds, or list-serves (collectively referred to as “Internet forums”). E. Electronic Communications from the Public. The public may electronically communicate with the Council and Commission through the City’s Website at: www.saratoga.ca.us. 1) E-Communication from the public addressed to the City Council will be distributed to each Council member and E-Communication addressed to a Commission will be distributed to each member of the Commission. E- Communication addressed to the Council or a Commission also will be forwarded to the City Clerk. The Mayor, in consultation with staff if necessary, will respond on behalf of the Council to E-Communication addressed to the Council. The Commission chair or Commission staff liaison will respond on behalf of the Commission to E-Communication addressed to the Commission. 2) E-Communication from the public addressed to more than a quorum of the City Council or Commission shall be forwarded by the recipients to the City Clerk (for the City Council) or staff liaison for the Commission. These E-Communications will be distributed and responded to in accordance with paragraph E.1, above. 3) Upon receipt of an E-Communication addressed to less than a quorum of the City Council or Commission, the recipient may: 1) treat it as an individual communication to which he or she may or may not respond; 2) inform the Council or Commission of the communication at a properly noticed meeting; or 3) ask that it be forwarded to the full Council or Commission as part of its information packet for the next available Council or Commission meeting. Such E- Communication may also be forwarded to staff for response as set out in Section G, below. When a User responds to individual E-Communication from the public, and desires to forward the response to the Council or Commission, he or she shall forward his or her response and the individual E-Communication to the City Clerk or Commission liaison for inclusion in the Council or Commission’s informational packet at the next available Council or Commission meeting. F. City Electronic Communications with the Public. City staff will post official information on upcoming and prior City Council meetings, workshops and events on the Council and Commission Electronic Communications Policy Page 3 of 4 City Website. Council and Commission agendas and minutes will be posted for the current and prior calendar year. Additional materials may be posted at the discretion of the City Manager or Manager’s designee. G. Use of E-Communication During Meetings. City Council members shall not use E- Communication at any time during a meeting of the City Council at which he or she is in attendance. No Commissioner may use E-Communication at any time during a meeting of the Commission of which he or she is a member at which he or she is in attendance. H. City Participation in Internet Forums. The City will not generally answer questions or respond to comments made in Internet forums. The City will post answers to such questions on its website if the questions are deemed important by the Mayor or by the City Manager or at the direction of the City Council. If a Council member desires staff to prepare a response to a question or comment received by E-Communication or made in an Internet forum, the Council and Commission member may forward the question or comment to the City Manager and request that staff prepare an appropriate response in a reasonable period of time. If preparation of a response will require significant staff time to research or draft the response, an interim response to the questioner or commenter will be sent as soon as possible acknowledging receipt of the inquiry and informing the sender that a response is being prepared. IV. Specific Procedures A. Retention of E-Mail. The City electronically archives E-communications in accordance with the City’s Records Retention schedule. E-communications that constitute preliminary drafts, notes, or intra-agency or interagency memoranda that are not retained by the City in the ordinary course of business are not required to be archived and should be deleted prior to regularly scheduled archiving. The City Clerk and City Attorney are available to assist users in determining how to address questions concerning the application of these procedures. B. Public Records Act. City records, whether paper or electronic, are governed by the public disclosure requirements of the Public Records Act. Disclosure may be required regardless of who sends or receives a communication or document. In the event that the City receives a request for disclosure of City records that includes E-Communication, the person responsible for the requested records must use his or her best efforts to preserve all City E-Communication covered by the request until the responsive E- Communications have been identified. Requests for disclosure of any City records applicable to E-Communication or other electronic records of any user subject to this policy shall be submitted to the City Clerk.. C. Confidentiality. 1) California law requires that certain information be treated as confidential and not be distributed to others inside or outside the City who do not have authorization to view such information. Council members or Commissioners may occasionally receive Council and Commission Electronic Communications Policy Page 4 of 4 confidential electronic information. Some examples of confidential information are: personnel records, internal investigations, information relating to litigation or potential litigation, attorney-client communication, information relating to labor negotiations, or information relating to confidential real estate negotiations. When Council and Commission members receive confidential information, it should be marked “Confidential Information” so that Council and Commission members are alerted to the nature of the information. 2) Confidential information should not be sent or forwarded to individuals or entities not authorized to receive that information and should not be sent or forwarded to City employees not authorized to view such information. 3) Council and Commission members shall exercise caution in sending confidential information by E-Communication as compared to written memoranda, letters or phone calls, because of the ease with which such information can lose confidentiality by i nadvertent or intentional diversion or re-transmission by others. 4) The City Attorney should be contacted concerning any questions about whether a communication is confidential. V. Compliance with this Policy: It is the responsibility of every user to insure that he or she is in compliance with this Electronic Communications Policy. P:\SARATOGA\FORMS\E-Mail Retention Policies\E-Communications Policy (Draft 06-25-09).doc