Council debate over social‑media policy pits Sunshine Law caution against elected officials’ online outreach

Destin — Council discussion on Monday about a staff‑drafted social media policy revealed a sharp divide between councilmembers who urged strict limits to avoid inadvertent Sunshine Law violations and others who said the policy would unduly restrict elected officials’ ability to communicate with constituents. What staff proposed: City staff and the city attorney presented a resolution that would discourage councilmembers and appointed officials from engaging in online discussions about matters that may foreseeably come before the council and reiterated that social‑media content about public business can be public records subject to retention rules. Why it matters: The city attorney warned that social media exchanges among two or more councilmembers about public business can trigger Sunshine Law requirements and could create civil or criminal liabilities for knowing violations. Staff also said a public‑records obligation applies to content, regardless of whether officials use personal accounts. Council debate: Supporters of the policy said a clear set of rules will protect officials and the city from inadvertent statutory violations and will steer official communications through the public information officer when appropriate. Opponents — including councilmembers who use social media for constituent engagement — said the draft was overly broad, risked censoring speech and would reduce transparency by routing many routine communications through staff rather than allowing direct contact with residents. Outcome and next steps: Council considered a substitute to gather additional examples from other municipalities but that substitute failed on a 2–5 vote. The transcript then records a motion on the resolution as presented; the mayor commented that he would sign the resolution but asserted he would continue personal social‑media communications absent an ordinance with sanctions. The transcript does not show a roll‑call tally for final adoption in the public record excerpt; staff advised any councilmember uncertain about specific posts to consult the city attorney and public information officer. Ending: Staff said it will publish guidance materials and reiterated the public‑records and Sunshine Law risks; councilmembers who want consequences in policy were told an ordinance (rather than a resolution) would be required to add penalties.