New Franklin Ordinance 823: Who may speak for the city on social media

Ord. No. 823 AN ORDINANCE AMENDING THE CITY CODE TO AUTHORIZE CERTAIN CITY OFFICIALS AND EMPLOYEES TO SPEAK ON BEHALF OF THE CITY ON SOCIAL MEDIA

WHEREAS, the Board of Aldermen desire to specifically authorize certain designated city officials and employees to make social media posts on behalf of the City of New Franklin and to regulate the content of the city's social media pages) by deleting posts or blocking individuals from making posts.

BE IT ORDAINED by the Board of Aldermen of the City of New Franklim, Missouri as follows:

SECTION ONE.

Purpose This ordinance is intended to comply with the 2024 Supreme Court of the United States' ruling in Lindke v. Freed that a city official or employee can be held civilly liable for deleting posts or blocking individuals from posting on personal social media pages if the official or employee has used the personal page to make official comments. The opinion makes clear that the liability is triggered, in part, only if the official or employee is authorized to speak on behalf of the city on social media, meaning those not authorized to do so cannot be held liable.

SECTION TWO.

Authorization to Post on Social Media on Behalf of the City

A. The following elected officials and employees are authorized to make social media post on behalf of the city on any social media platform and are further authorized to delete post and block individuals from making posts on the city's social media page(s): Mayor, City Clerk.

B. The following city employees are authorized to make social media posts on behalf of the city, but such posting shall be limited to emergency situations in which there is clear and present public safety issue that requires immediate mass notification of an emergency: police chief and public works director.

C. Other than the officials and employees listed herein, no other person is authorized to make social media posts on behalf of the city. Such officials and employees are further prohibited from deleting posts or blocking individuals from posting on the city's social media page(s). Any city official or employee wishing to make a social media post on their personal page regarding the city or its policies shall clearly identify that post as a personal opinion, such as by using the acronym IMO within the body of the post or other substantially similar phrase.

SECTION THREE. Repeal of Conflicting Ordinances.

The provisions of any ordinance or code section in conflict with any provision of this ordinance are hereby repealed to the extent of such conflict.

SECTION FOUR.

Effective Date.

This ordinance shall be in full force and effect from and after the date of its passage and approval.

SECTION FIVE.

Severability.

The provisions of this ordinance are severable and if any provision hereof is declared invalid, unconstitutional, or unenforceable, such determination shall not affect the validity of the remainder of this ordinance.

Read Twice and approved by Roll Call Vote

Dated this 12 day of_June 202 5 Mayor