The term “social media” refers to forms of electronic communication through which users create online communities to share information, ideas, personal messages and other content. Some examples include, but are not limited to, Internet-based platforms such as Facebook, Twitter, Instagram and YouTube. Many local governments use social media as a tool to communicate with citizens. Rather than waiting until a regularly scheduled council meeting to receive citizen input, city officials are able to instantly interact with them via social media. Although this technology greatly increases communication outreach and efficiency, some restrictions are required in order to comport with federal and state law.
(Ordinance 17-2019, sec. 1, adopted 5/21/19)
(a) 
The City of Wichita Falls uses social media to send and receive messages about city information, services and related programs with community stakeholders, including employees, vendors, citizens, media and other members of the public.
(b) 
Elected officials should understand the city’s current guidelines for public participation, which are subject to change as new technology and tools emerge.
(c) 
Public comments may be removed from city-administered social media accounts if they contain any one or more of the following:
(1) 
Vulgar, physically threatening or harassing language.
(2) 
Content that promotes, fosters, or perpetuates discrimination on the basis of race, religion, gender, marital status, familial status, national origin, age, mental or physical disability, sexual orientation, gender identity, source of income or other protected status under applicable law.
(3) 
Inappropriate sexual content or similar links.
(4) 
Private or otherwise confidential information.
(5) 
Content that promotes illegal activity or encouragement of actions that may compromise public safety.
(6) 
Content that violates a legal ownership interest of any other party.
(7) 
Comments not topically related to the original article or post.
(8) 
Comments in support of or opposition to political candidates, campaigns or ballot measures during an election season.
(9) 
Promoting or advertising a commercial transaction, organization or event that is not sponsored or in direct relationship with the city.
(10) 
Organized political activity.
(11) 
Information that may compromise the safety or security of the public or public systems.
(Ordinance 17-2019, sec. 1, adopted 5/21/19)
(a) 
As a policy-making body, city council members are given more latitude than city employees to publicly express thoughts and opinions on local issues. However, as an elected official, council members should be aware of additional risks related to their general participation on social media.
(b) 
Open Meetings Act.
Communications between a quorum of council members about public business, no matter the forum or time, can constitute a “meeting” to which the Texas Open Meetings Act applies. If the Act applies to a discussion, an agenda must be posted 72 hours in advance, and the public must be allowed to attend. Therefore, city council members should consider the following when using personal social media accounts:
(1) 
Remove elected titles from profiles used to identify a personal social media account, and clearly state how constituents should communicate regarding public matters.
(2) 
Include an introductory statement in the profile or about section of the account that defines the purpose and topical scope of the page: “This account is intended for personal use only. The views, postings, positions or opinions expressed on this site are my own and do not represent those of the City of Wichita Falls. If you are a citizen of Wichita Falls and would like to discuss city business, please go to [official page] or contact me at [official email].”
(3) 
Redirect information to official government sources and avoid making posts related to council member’s official duties or governmental bodies.
(4) 
Redirect political dialogue requests to an alternative means of communication (i.e., email, phone or other preferred social media account).
(5) 
Avoid commenting on local issues where other council members are also participating in discussion.
(6) 
Avoid making posts and/or comments on behalf of the city and/or the city council.
(7) 
Avoid making posts and/or comments in an official capacity as an elected official.
(8) 
Avoid making posts and/or comments regarding city business.
(c) 
Public Information Act.
State law clarifies the definition of “public information” as information that is written, produced, collected, assembled, or maintained in connection with the transaction of official business, which includes email, Internet posting, text message, instant message, and other electronic communication. Therefore, city council members should consider the following:
(1) 
Hide, rather than delete, clearly inappropriate public comments on their personal or official social media account, if possible. In some cases, these comments may still be subject to verification or public disclosure in the future. When in doubt, do not delete it.
(2) 
Avoid responding to inappropriate comments or personal attacks on social media. If the commenter persists, redirect them to an alternate method of communication (i.e., email).
(3) 
Be aware that a personal social media account, depending on its content, may still be subject to the Public Information Act.
(d) 
First Amendment.
More constituents are posting comments on elected officials’ personal pages to voice concerns on public issues. Once an elected official’s social media page is opened for political discussion, it may be transformed into a limited public forum for speech and debate, instantly granting every user a First Amendment right to comment.
Therefore, city council members should consider the following:
(1) 
Limit open-ended political and city business discussions from personal social media accounts and redirect dialogue requests to an alternate channel.
(2) 
When in doubt, don’t block users, especially those with whom a council member has previously engaged. Consult with legal counsel before blocking any users and document all actions and reasons for blocking.
(Ordinance 17-2019, sec. 1, adopted 5/21/19)
If city council members choose to create a social media account to engage with constituents, a best practice is to keep this account distinct and separate from other personal accounts that elected official maintains. City council members increasingly use social media for reelection purposes as well. However, mixing campaign and constituent communications from the same account could put councilors at risk for violating laws that prohibit using government resources for political purposes.
Therefore, city council members should consider the following:
(1) 
Make it official.
The account profile, description and photo should clearly indicate an elected official’s position as a member of the Wichita Falls City Council and his or her intent to use the account as a way of communicating with constituents.
(2) 
An elected official’s account may be a limited public forum and must be open to the public. Engagement with the public on social media as an elected official establishes that platform as a limited public forum, which affords users the right to comment on published content. It also means that any speech restrictions or censorship is subject to strict scrutiny, and First Amendment activities generally may not be prohibited. Postings by elected officials in their capacities as city council members and comments on such postings, constitute a public record and should not be deleted.
(3) 
Prohibited content is defined by city policy.
For consistency, elected officials should consider managing prohibited content on their accounts in the same way city-administered accounts are managed.
(4) 
Campaign separately.
Council members in office should not use city administered or funded social media accounts for electioneering. It is equivalent to campaigning from the dais during a public meeting, which may violate state law.
(5) 
Involve legal counsel.
If elected officials are unsure about publishing certain content, or feel justified in the removal of content, involve legal counsel before making a decision.
(Ordinance 17-2019, sec. 1, adopted 5/21/19)
(a) 
Be transparent.
Honesty will be quickly noticed in the social media environment. If an elected official’s private sector work could present a conflict of interest, he or she should be the first to acknowledge it. Elected officials should be clear about why they support, or don’t support, certain policies or programs.
(b) 
Be judicious.
Elected officials should make sure their efforts to be transparent do not violate any applicable legal guidelines for external communication. Consult with legal counsel before sharing conversations that are meant to be private or internal to the city or any other public entities. What is published is widely accessible, not easily retractable, and will be around for a long time, so consider the content carefully. Also, be aware that the social media account and anything published on that social media account may be subject to the Public Information Act.
(c) 
Be knowledgeable and factual.
Elected officials should write in first-person and consider linking to their information sources. If publishing to a website outside of the city, consider using a clarifier such as: “these comments and opinions reflect my position as one member of the Wichita Falls City Council.” If elected officials have any questions about complying with brand, trademark, copyright, fair use, confidentiality, or financial disclosure laws, seek an opinion from legal counsel.
(d) 
Be perceptive.
In online social networks, the lines between public and private, personal and professional are often blurred. By identifying themselves as elected officials, council members are creating perceptions about their expertise and the city. Council members should be sure that all content associated with them is consistent with the city’s values and professional standards.
(e) 
Be excited.
The city is making important contributions to the community, state and nation, as well as to public dialogue on a broad range of issues. The city’s activities are focused on providing services and innovation that benefits citizens and stakeholders. Share what Wichita Falls is learning and doing, and open up social media channels to learn from others.
(f) 
Be valuable.
There is a lot of written content in the social media environment. The best way to reach an audience is to write about things that they value. Social communication from city leaders should help citizens, partners and families. It should be thought-provoking and build a sense of community. If it helps people improve knowledge or skills, build their businesses, do their jobs, solve problems, or understand the city better, then it adds value.
(g) 
Be responsible.
What a city council member writes is ultimately their responsibility. If city council members are about to publish something that makes them even the slightest bit uncomfortable, they should not publish. If council members are still unsure, they might want to check with the public information officer or legal counsel. Ultimately, what council members publish is theirs, but so is the responsibility and potential consequence.
(h) 
Mistakes happen.
City council members should acknowledge when they make a mistake. They should be upfront and quick to correct the mistake. If council members are posting to a blog, they can choose to modify an earlier post. Make it clear that modifications have been made.
(Ordinance 17-2019, sec. 1, adopted 5/21/19)
(a) 
The City of Wichita Falls logo is copyrighted. It may only be used for official city business and may not be used on campaign materials or for personal business. Use of the city’s official logo is governed by Policy No. 41, “Logo Use Policy.”
(b) 
The mayor, as the ceremonial head of the city, is the issuer of proclamations, certificates, awards, city coins, etc. on behalf of the City of Wichita Falls. City council members wishing to bestow such honors shall request the mayor to issue and present.
(c) 
The mayor may sign letters and petitions making requests or stating positions on behalf of the city so long as they do not conflict with a city council decision or directive.
(d) 
Dedication plaques placed on city buildings shall include the names of the mayors and city council members who served from the time funding was budgeted for the project through completion.
(Ordinance 17-2019, sec. 1, adopted 5/21/19)
(a) 
Because of a city council member’s position as an elected official, activity on their social media accounts may create public records. Any content (messages, posts, photographs, videos, etc.) created or received using a social media account may be considered a record. Therefore, council members should consider the following:
(1) 
The city does not archive or manage council member social media accounts. Council members are solely responsible for the retention and archival of content published to their individual accounts.
(2) 
When in doubt, council members should not delete content without consulting with legal counsel first.
(b) 
Social media content administered by city employees, and intended for public access and comments, will follow a minimum retention period of two years, as established by the Texas State Library and Archives Commission. This includes council member comments posted on city accounts.
(Ordinance 17-2019, sec. 1, adopted 5/21/19)
For the purposes of this policy, unless otherwise stated, the following definitions apply:
(1) 
Comment.
A message posted by site visitors, either in response to an existing topic or introducing a new topic. In general, the content of comments is controlled solely by the user, but often can be deleted, accepted or rejected prior to publishing by the site or page administrator.
(2) 
Connections.
Any deliberate links between a user and a social media channel or page, whether it is initiated by the individual or by the site moderator. Terms used by various sites to describe a connection include friend, fan, follower or subscriber.
(3) 
Limited forum.
A public forum created by the government voluntarily for expressive activity that may be restricted as to subject matter or class of speaker. Forum restrictions must be able to withstand strict judicial scrutiny of its effect on First Amendment rights.
(4) 
Post.
In relation to social media accounts or online activity, anything published in an online forum or social media account.
(5) 
Social media.
Internet based third-party platforms that facilitate interaction and engagement among individuals in a network or virtual community. Social media offers a participatory environment and includes user-generated content such as videos, photos, blogs, and wikis.
(Ordinance 17-2019, sec. 1, adopted 5/21/19)
This policy is not meant to circumvent or bypass any of the other processes, policies or laws that are applicable to the city council. Social media activity and conduct by council members should not only comply with these policy terms, but all other processes, policies and laws that may apply as well.
(Ordinance 17-2019, sec. 1, adopted 5/21/19)
The city council reserves the right to update these terms of use at any time.
(Ordinance 17-2019, sec. 1, adopted 5/21/19)