[HISTORY: Adopted by the Mayor and Council of the Town of
Rock Hall 9-12-2013 by Res. No.
2013-08. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Information, articles, pictures, videos, and any other form
of communication posted on any Town social media site.
Content created by individuals, using accessible, expandable,
and upgradable publishing technologies through and on the Internet.
Examples of social media include Facebook, Twitter, YouTube, blogs,
RSS, LinkedIn, and Instagram.
Social media sites established and maintained by the Town
and over which the Town has control of all content posted thereupon,
except for advertisements and hyperlinks by the social media site's
owners, vendors, or partners. Town social media sites shall supplement,
and not replace, the Town's required notices and standard methods
of communication.
A.
No Town social media site shall be established without the express
authorization of the Mayor and Council. Unless otherwise specified
by the Mayor and Council, the use of Town social media sites is limited
to the Mayor, Councilmembers, Town Manager, Clerk-Treasurer, and Assistant
Clerk-Treasurer.
B.
Unless otherwise specified by the Mayor and Council, all Town social
media sites shall be administered by the Clerk-Treasurer and the Assistant
Clerk-Treasurer, under the supervision of the Town Manager.
C.
Town social media sites shall make clear that they are maintained
by the Town and that they follow the Town's social media policy,
as set forth herein, and bear the name and/or official logo of the
Town.
D.
Wherever possible, Town social media sites should link back to the
official Town website for forms, documents, online services, and other
information necessary to conduct business with the Town.
E.
The Clerk-Treasurer and Assistant Clerk-Treasurer shall monitor content
on Town social media sites to ensure adherence to both this chapter
and the best interests of the Town.
F.
The Town reserves the right to restrict or remove any content that
is deemed in violation of this chapter or any applicable law. Any
content removed based on this chapter shall be retained by the Clerk-Treasurer
for a reasonable period of time, and shall include the time, date,
and identity of the individual posting such content, if and when available.
G.
The Town's social media policy, as set forth herein, must be
displayed to users of Town social media sites or made available via
hyperlink.
H.
The Town shall approach the use of social media tools as consistently
as possible.
I.
The Town's website shall remain the Town's primary and
predominant Internet presence.
J.
All Town social media sites shall adhere to applicable federal, state,
and local laws, regulations, and policies.
K.
Town social media sites are subject to the Maryland Public Information
Act.[1] Any content maintained in a social media format that is
related to Town business, including a list of subscribers, posted
communication, and communication submitted for posting may be a public
record subject to public disclosure.
[1]
Editor's Note: See the State Government Article of the
Annotated Code of Maryland, § 10-611 et seq.
L.
Town social media sites are subject to the Maryland Open Meetings
Act.[2] Neither the Mayor nor any Councilmember shall respond
to "like," "share," "retweet," or otherwise participate in any published
postings, or use the site 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 Mayor and Council that may reasonably be construed
to violate the Maryland Open Meetings Act.
[2]
Editor's Note: See the State Government Article of the
Annotated Code of Maryland, § 10-501 et seq.
M.
Content relative to topics or issues not within the jurisdictional
purview of the Town may be removed.
N.
Municipal officers and employees representing the Town via Town social
media sites must conduct themselves at all times as a representative
of the Town and in accordance with all Town laws, regulations, and
policies. Any municipal officer or employee who fails to so conduct
him/herself may be subject to applicable disciplinary action.
O.
This chapter is subject to revision by the Mayor and Council at any
time.
A.
As a governmental entity, the Town must abide by certain standards
to serve all its constituents in a civil and unbiased manner.
B.
The intended purpose behind establishing Town social media sites
is to disseminate information from and about the Town.
C.
Content consisting of any of the following shall not be permitted
on Town social media sites and is subject to removal and/or restriction:
(1)
Content not related to the original topic, including content that
is random or unintelligible;
(2)
Profane, obscene, violent, or pornographic content and/or language;
(3)
Content that promotes, fosters, or perpetuates discrimination on
the basis of race, creed, color, age, religion, gender, or national
origin;
(4)
Defamatory or personal attacks;
(5)
Threats to any person or organization;
(6)
Content in support of, or in opposition to, any political campaigns
or ballot measures;
(7)
Solicitation of commerce, including but not limited to advertising
of any business or product for sale;
(8)
Content in violation of any federal, state, or local law;
(9)
Encouragement of illegal activity;
(10)
Information that may tend to compromise the safety or security of
the public or public systems; or
(11)
Content that violates a legal ownership interest, such as a copyright,
of any party.
D.
The Town reserves the right to deny access to Town social media sites
for any individual who violates any provision of this chapter at any
time and without prior notice.
E.
When a municipal officer or employee of the Town responds to content
posted on a Town social media site in his/her official capacity, the
municipal officer or employee's name and title shall be made
available, and the municipal officer or employee shall not share personal
information about himself/herself or other municipal officers or employees
of the Town.
F.
All content posted on any Town social media site shall comply with
the terms of use and other policies promulgated by the third party
hosting such site. Nothing in this chapter is intended to circumvent
or substitute any such policy, and users who post content on any Town
social media site in violation of the same may be subject to action
by the third party hosting such site, even if such content does not
violate this chapter.
A.
Each and every member of the public accessing, browsing, and using
any Town social media site accepts, without limitation or qualification,
the terms and conditions set forth herein. Content posted by a member
of the public on any Town social media site is the responsibility
and opinion of the individual posting such content, and publication
thereof does not imply endorsement of or agreement by, nor necessarily
reflect the opinions or policies of, the Town, the Mayor and Council,
or any other municipal officer or employee. By virtue of posting content
on a Town social media site, the individual posting such content agrees
that he/she has no expectation of privacy in the content provided.
B.
The Town assumes no liability for any inaccuracies the Town's
social media sites may contain and does not guarantee that its social
media sites will be uninterrupted, permanent, or error-free.
C.
The Town has no control over and does not endorse a third-party site's
policies or any content, advertisements, or other postings that appear
on the Town's social media sites as part of the site's environment.
D.
Communications made through Town social media sites shall in no way
constitute legal or official notice or comment to the Town. By way
of example, and not limitation, a post or comment that requests public
records shall not be considered to be a public records request under
the Maryland Public Information Act.[1]
[1]
Editor's Note: See the State Government Article of the
Annotated Code of Maryland, § 10-611 et seq.