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Council debates social media policy for elected officials; item fails for lack of motion after members raise First Amendment and scope concerns
Summary
Council members debated a proposed social media policy for elected officials during a lengthy discussion April 1. Supporters framed it as guidance; opponents cited state preemption, First Amendment concerns and privacy issues. The item was denied for lack of motion and will not be adopted as presented.
A proposed social media policy for elected officials prompted an extended council discussion at the April 1 meeting, with advocates describing the policy as a guide for conduct and critics warning it could infringe on free‑speech rights.
Mayor Pro Tem Deborah James said the policy was intended “not to take your freedom of speech away,” but to remind elected officials that “as representatives of the city … we have to watch what we put out there on the Internet.” Other council members said they worried the policy as drafted could be preempted by state law, could violate due‑process protections if discipline were applied by majority vote and could improperly authorize monitoring of private personal accounts.
The city attorney told council that social media policies commonly exist for employees and that some cities adopt policies for elected officials, but also noted the legal analysis differs for elected officials versus employees. Council members cited training resources (TML and other workshops) and said the proposed language might require revision to avoid First Amendment conflicts.
After discussion, no councilmember moved to adopt the policy; the item failed for lack of a motion. Council members who opposed the draft said they preferred informal professional reminders and one‑on‑one conversations to a formal ordinance. The city attorney indicated that if council wanted to proceed with a binding policy, staff could review related employee handbook provisions and applicable case law to produce a revised draft.
Why it matters: Social media policies for elected officials raise constitutional questions and can change the relationship between a municipality and its representatives. Council’s decision not to adopt the policy preserves the status quo while leaving open the option for future, legally reviewed drafts.
Next steps: Staff may review legal precedents and employee handbook language and return a revised draft if council directs further work.
