OMWD Social Media Policy
1. PURPOSE
Olivenhain Municipal Water District has an overriding interest in protecting the integrity of information posted on social media platforms or websites that are attributed to OMWD and to its officials. The purpose of this policy, therefore, is to establish guidelines, standards and instructions for the use of social media accounts by OMWD.
Messages and content posted on an OMWD social media account may constitute speech on behalf of OMWD, but such speech takes place on a non-OMWD venue. Therefore, OMWD’s Board of Directors finds and intends that speech posted on a social media account venue by OMWD representatives, and comments by the public posted on a social media account venue in response, do not create a public forum or limited public forum on any portion of OMWD’s websites, equipment, or other OMWD property.
This policy applies to temporary personnel, interns, volunteers, or other individuals performing work and/or engaged in external communications on OMWD’s behalf, to OMWD elected or appointed Board of Directors, and also to employees.
2. GUIDING PRINCIPLES FOR PERSONAL USE OF SOCIAL MEDIA
Although employees may consider their personal comments posted on social media or discussions on social networking accounts to be private, these communications are frequently available to a larger audience than the author may realize. As a result, any online communication that directly or indirectly refers to OMWD, its services, employees, or other work-related issues, has the potential to damage OMWD’s reputation or interests. When participating in social media in a personal capacity, employees should be mindful of:
• Personal social media accounts should not be accessed using OMWD devices and equipment (ie; computer, tablet, and cell phone).
• Identifying as an OMWD employee in a social media post where the material posted would directly or indirectly defame, harass, discriminate against, bully, or engage in conduct as described in OMWD’s Administrative and Ethics Code, Article 5, Section 5.20.
• Do not disclose confidential or sensitive information pertaining to OMWD.
• Do not use OMWD logo or seal.
• Personal social media accounts identifying as OMWD employees, or appointed or elected officials, must indicate that the account is a “personal” page, or include a disclaimer such as, “the views expressed are strictly my own.”
3. GUIDING PRINCIPLES FOR OFFICIAL USE OF SOCIAL MEDIA
The following principles should be utilized by employees when using social media services:
A. Discussion of any OMWD-related information that is considered non-public information is prohibited. This includes internal, sensitive, proprietary, or classified information.
B. When representing OMWD in an official capacity, posted comments reflect on OMWD, and OMWD is responsible for the content published. Any content posted to a social media account while acting in an official capacity is considered public content, regardless of any privacy controls that restrict access to that content, as a result of public sharing language in the Terms of Service of the social media account in use, or the fact that comments have already been shared with the content with a third party, the social media service itself. Always assume the content will be available to a large audience, and may be published and discussed in the media, and is subject to other rules requiring public disclosure.
C. Statements intended as personal opinions can be mistaken for official expressions of OMWD policy or position. Personal use of social media should not create the appearance of official use of social media, such as by the use of a government title or position in a manner that would create an appearance that OMWD sanctions or endorse one’s activities. Additionally, many ethics laws, regulations, and policies that apply to an employee’s official activities apply also to employee activities in their personal lives.
D. New official social media platforms and accounts should only be established by permission of OMWD’s General Manager and only if a specific communications outcome cannot be fulfilled by an existing official platform, account, or other means of communication. OMWD’s approved social media platforms are Facebook, YouTube, and X (formerly known as Twitter).
4. DEFINITIONS
“Social media accounts”: publicly accessible technologies used to publish and/or share content or information created by individuals, using accessible, expandable, and upgradable publishing technologies, through and on the internet. Examples of social media include, but are not limited to, Facebook, X (formerly known as Twitter), blogs, Snapchat, LinkedIn, and YouTube.
“OMWD social media accounts”: profiles on social media accounts, approved by OMWD’s General Manager, OMWD establishes and maintains, and over which it controls all postings, except for advertisements or hyperlinks by the social media account owners, vendors, or partners. Any OMWD social media site shall supplement, and not replace, OMWD’s required notices and standard methods of communication.
“Posts” or “postings”: information of any kind in the form of text, links, articles, graphics, pictures, videos, or any other form of communication on a social media account.
“Account contributor”: designated OMWD staff member as authorized by OMWD’s General Manager to speak on behalf of OMWD as designated in Section 5.3 of this policy, and responsible for posting information and monitoring comments under the direction of the account manager.
“Account manager”: designated OMWD staff member responsible for establishing OMWD and department-specific social media accounts, with responsibility for supervising the account contributor.
5. GENERAL POLICY
5.1 OMWD’s official website at www.olivenhain.com (or any domain owned by OMWD will remain OMWD’s primary means of internet communication. Use of social media shall only serve as an enhancement to OMWD’s official website. Therefore, information and communications should be organized in a manner that avoids the posting of conflicting information.
5.2 The establishment of an OMWD social media account is subject to approval by OMWD’s General Manager or his/her designee. Upon approval, OMWD’s social media accounts shall bear the name and/or official logo of OMWD.
5.3 Only those authorized by OMWD’s General Manager to speak on behalf of OMWD and convey information regarding OMWD’s programs, projects, policies or any other such OMWD business on social media platforms may communicate on OMWD’s behalf on the subject of OMWD 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 OMWD. All content on OMWD social media accounts shall be reviewed, approved, and administered by the designated account contributor under the supervision of a designated account manager.
5.4 OMWD’s social media accounts shall clearly state that such accounts are maintained by OMWD and that the accounts comply with OMWD’s Social Media Policy.
5.5 OMWD social media accounts shall link back to OMWD’s official website for forms, documents, online services, and other information necessary to conduct business with OMWD.
5.6 OMWD’s account manager and account contributor shall monitor content on OMWD social media accounts to ensure adherence to both OMWD’s Social Media Policy and the interests and goals of OMWD.
5.7 The California Fair Political Practices Commission and courts may view OMWD’s social media page as a public resource. OMWD’s staff and Directors should, therefore, keep campaign regulations in mind and avoid any type of campaigning on an OMWD page pursuant to applicable law. Neither elected officials nor OMWD staff may use public resources for personal or campaign purposes not authorized by law. Public officials are aware of the restrictions on using public resources for either personal or political purposes pursuant to Government Code section 8314.
5.8 OMWD reserves the right to terminate any OMWD social media account at any time without notice.
5.9 The use of OMWD’s social media accounts shall be in strict conformity with all applicable provisions of OMWD’s Administrative and Ethics Code.
5.10 OMWD’s social media accounts shall comply with usage rules and regulations required by the account provider, including privacy policies.
5.11 All OMWD social media accounts shall adhere to applicable federal, state, and local laws, regulations, and policies.
5.12 OMWD’s social media accounts may be subject to the California Public Records Act. Any content maintained on an OMWD social media account that is related to OMWD’s business, including a list of subscribers, posted communication, and communication submitted for posting, may be considered a public record and subject to public disclosure. OMWD’s Records Retention Schedule shall incorporate records series reflecting OMWD’s social media account activity, including comments/posts deleted by OMWD in accordance with this Policy.
5.13 Employees identifying themselves as OMWD employees on their personal social media accounts or posting(s), or representing OMWD on OMWD social media accounts shall conduct themselves in accordance with OMWD’s Administrative and Ethics Code, Article 5.20, Employee Rules, and in accordance with all OMWD policies.
5.14 All OMWD social media accounts shall utilize authorized OMWD contact information for account set-up, monitoring, and access. The use of personal email accounts or phone numbers by any OMWD employee is not allowed for the purpose of setting-up, monitoring, or accessing an OMWD social media account.
5.15 OMWD social media accounts may contain content, including but not limited to, advertisements or hyperlinks over which OMWD has no control. OMWD does not endorse any hyperlink or advertisement placed on OMWD social media accounts by the social media platform owners, vendors, or partners.
5.16 OMWD reserves the right to change, modify, or amend all or part of this policy at any time.
5.17 OMWD operates its social media accounts as a public service to provide information about OMWD. OMWD assumes no liability for any inaccuracies its social media accounts may contain and does not guarantee its social media accounts will be uninterrupted, permanent, or error-free.
5.18 Shares, likes, follows, etc., by OMWD’s social media accounts are not endorsements.
5.19 OMWD’s social media accounts are not monitored 24 hours a day, seven days a week, and no one should utilize OMWD’s social media accounts to seek emergency services.
5.20 OMWD does not guarantee it will respond to comments or messages on OMWD’s social media accounts. OMWD will use its discretion when to reply publicly, reply privately, or not reply at all.
6. OMWD-GENERATED AND PUBLIC GENERATED CONTENT GUIDELINES
6.1 The content of OMWD’s social media accounts shall only pertain to OMWD-sponsored or OMWD-endorsed programs, services, and events. Content includes, but is not limited to, information, photographs, videos, and hyperlinks.
6.2 Content posted to OMWD’s social media accounts must contain hyperlinks directing users back to OMWD’s official website for in-depth information, forms, documents, or online services necessary to conduct business with OMWD, whenever appropriate.
6.3 OMWD shall have full permission or rights to any content posted by OMWD, including photographs and videos.
6.4 OMWD postings should be made during normal business hours unless otherwise approved by the General Manager or his/her designee.
6.5 Any employee authorized to post items on any of OMWD’s social media accounts shall review, be familiar with, and comply with the social media account’s use policies and terms and conditions.
6.6 Postings on any OMWD social media account by an authorized OMWD employee shall relate only to the purpose of communicating information of public interest regarding functions, activities, programs and goals of OMWD, and to facilitate the community’s ability to learn about and participate in the same. Postings shall not include any personal views or concerns of OMWD employees.
6.7 Postings must contain information that is freely available to the public and not be confidential as defined by any OMWD policy or state or federal law.
6.8 Postings may NOT contain any personal information, except for the name(s) of OMWD employee(s) whose job duty(ies) includes being available for contact by the public.
6.9 Postings to OMWD’s social media accounts shall NOT contain any of the following:
6.9.1 Comments that are not topically related to the posting;
6.9.2 Comments in support of, or opposition to, political campaigns, candidates or ballot measures, social issues, religion;
6.9.3 Profane language or content;
6.9.4 Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, or status with regard to public assistance, national origin, physical or mental disability or sexual orientation, as well as any other category protected by federal, state, or local laws;
6.9.5 Sexual content or links to sexual content;
6.9.6 Solicitations of commerce, or use of OMWD’s social media pages and/or accounts for fundraising activities;
6.9.7 Conduct or encouragement of illegal activity;
6.9.8 Information that may tend to compromise the safety or security of the public or public systems, and includes but is not limited to images revealing sensitive information or potentially hazardous situations;
6.9.9 Content that violates a legal ownership interest of any other party; or6.9.10 Content posted by OMWD employees that may incite disruption in the workplace.
6.10 These guidelines shall be displayed or made available on OMWD’s website and/or by hyperlink on all OMWD social media accounts.
6.11 OMWD reserves the right to implement or remove any content from or functionality of its social media account, when deemed appropriate by OMWD’s site manager. This includes, but is not limited to, information, articles, pictures, videos, or any other form of communication that is posted on an OMWD social media account.
6.12 Except as expressly provided in this Policy, accessing any social media account shall comply with all applicable OMWD policies pertaining to communications and the use of the internet by employees, including email content.
6.13 All of the content on an OMWD social media account must be provided to OMWD’s account contributor or account manager for review, approval, and subsequent posting to the social media account.
7. ELECTED OFFICIALS-BOARD OF DIRECTORS
If Directors have personal social media accounts, OMWD recognizes that they may choose, in their individual capacity, to post items relevant to OMWD business. In such situations, Directors should make it clear that they are speaking for themselves, not OMWD. If identifying as an OMWD elected official in a personal social media account, indicate that it is a “personal” social media page, or include that it is a “personal” page, or include a disclaimer such as, “the views expressed are strictly my own.”
Directors should individually ensure that they comply with all applicable laws, including but not limited to, the United States Constitution and the First Amendment, and the Brown Act. Concerning First Amendment compliance, keep personal posts in a clearly designated personal account; and include official pronouncements, commentary, and communications with the public regarding public duties in a separate official social media account from which members of the public may not be blocked.
OMWD does not create or provide support for individual social media accounts for Directors. Those Directors that maintain personal social media accounts should be aware that digital communications, social media posts, and messages by Directors regarding matters that are related to OMWD business are subject to laws and policies regarding freedom of speech, records retention and production, and public transparency.
Directors are prohibited from using the OMWD logo or seal, or any variation of the OMWD logo or seal, representing OMWD, or representing that they speak on behalf of OMWD within their official or personal social media account(s).
To avoid violations of the Brown Act, consistent with Assembly Bill 992 (2020), OMWD officials are permitted to use social media to engage in conversations or communications on matters within the subject matter jurisdiction of the OMWD Board of Directors to answer questions, provide information to the public, and/or to solicit information from the public. However, the Brown Act prohibits OMWD Directors from communicating directly with the social media of any other member of the OMWD Board of Directors on a subject within the OMWD Board of Director’s jurisdiction. Directors should be careful not to post, respond, “like”, “react”, “share”, retweet, etc. any content from another member of the OMWD Board of Directors that could constitute an improper serial meeting or otherwise violate the Brown Act.
The Brown Act specifically prohibits members of a legislative body from communicating through technological devices in discussing, deliberating, or taking action on any item within the subject matter jurisdiction of the legislative body. This could happen on any social media account, even inadvertently, if a majority of the members of OMWD’s Board of Directors were to post comments on an OMWD-related issue (even if Directors are merely responding to a constituent’s post). Directors shall not “like” or respond to social posts by other Directors to be consistent with the Brown Act. Moreover, Directors and members of Board Committees shall not respond to, “like”, “share”, retweet, or otherwise participate in any published postings, or use the account or any form of electronic communication to respond to, blog, or engage in serial meetings, or otherwise discuss, deliberate, or express opinions on any issue within the subject matter jurisdiction of the body.
If there is any concern about whether an action or content falls within the Brown Act or other legal limitation, Directors should check with the General Manager or General Counsel prior to posting.
When possible, news of OMWD importance should first be announced by OMWD’s official social media accounts, news release, or website. This information can then be shared by Directors, linking back to the original post or OMWD’s website, when possible. Unless Directors have been designated to serve as a spokesperson, Directors should never represent themselves as a spokesperson for OMWD. Directors should be mindful of recognizing that accomplishments of OMWD are achieved by collective action of the entire body of the organization.
Digital records relating to public business are required to be handled in a manner capable of maintaining the record for the applicable retention period. Directors should avoid deleting comments or blocking individuals on any social media accounts they maintain that are related to OMWD business. Social media content should be treated the same as any written document retained in accordance with OMWD’s retention schedules.
When Directors engage in public social media discussion on matters related to OMWD business, it is strongly recommended that Directors capture relevant comment threads and forward such communications to the Director’s OMWD email address and General Manager so that such communications are captured and preserved.
8. EMERGENCY AND CRISIS COMMUNICATIONS
The Public Information Officer will assume management for social media communications in the event of a declared emergency by the Emergency Operations Center’s Incident Commander. The PIO will employ necessary and applicable OMWD social media platforms for mass notification as deemed required and approved by the Incident Commander, or his/her designee.
