With social media platforms being used daily to voice opinions, the City of Destin approved a social media resolution on Aug. 4 that restricts city officials from discussing city business online, but not before Mayor Bobby Wagner voiced his opinion against it.
“I absolutely agree we need to have a policy in place, but the policy in front of us as recommended doesn’t protect the city,” Wagner said. “I think limiting communication and transparency is the last thing anyone wants in government.
“Again, I believe we should have one, but I think this one goes backward in technology instead of forward,” he said.
The resolution is primarily a reflection of what can and cannot be done under the Sunshine Law and public records, according to City Manager Larry Jones.
A public record is based on content, not the device or the platform it is put on, Jones explained.
In other words, if it is on Facebook or social media, it’s a public record.
The resolution approved by the city says the Sunshine Law, according to Florida Statutes, has three basic requirements – public boards or commissions must be open to the public, notice of such meetings must be given and minutes of the meetings must be taken and recorded.
The Sunshine Law applies to any gathering, whether formal or casual, of two or more members of the same board or commission to discuss some matter on which foreseeable action will be taken by the public board or commission, as stated in the resolution.
“The purpose of this policy is to establish clear guidelines for use of social media for City elected officials as well as City board and committee appointees,” according to the resolution.
The policy applies to all City of Destin elected officials, board appointees and committee appointees.
Council member Dewey Destin made the motion to approve the resolution, and Council member Sandy Trammell seconded.
Council member Teresa Hebert spoke in favor of the policy.
“People look at you as a representative of the city. You have to be careful,” Hebert said.
Hebert said any responses to questions and posts on social media should go through the public information officer or city manager.
“I feel like we are protecting ourselves … because everything can get distorted,” Hebert said. “We need to stay off social media and let it come from the public information officer.”
Council member Kevin Schmidt spoke against the policy.
“I don’t think I can support it … I’m fine with doing something,” Schmidt said.
“I think times are a lot different than five, 10, 15 years ago. From my experience in the last five-ish years, more awareness and engagement happens on social media” than in council meetings, Schmidt said.
“A lot have an opinion on social media before they email us,” he said. “I think it’s handcuffing us, and I don’t agree with that. I should be able to respond to citizens.”
“I know a lot of things are done online … we just got to be careful,” Council member Rodney Braden said. “We don’t want to wind up on Fox News or CNN” for breaking the Sunshine Law, he said.
Braden said he likes to go out and talk to the public and get their input, but he does it in person.
“I put the word out and try to get people here,” he said.
Council member Tory Geile said, “I’m not a fan of social media. I think it’s a coward’s way of voicing their opinion.”
City attorney Kimberly Kopp explained that that policy is “actually protection for all of you.”
“I don’t think anybody on social media is trying to cause harm,” Kopp said.
But by one council person posting, if another “likes” or posts a comment, they are breaking the Sunshine Law. Sometimes a “like” is inadvertent.
“The goal is to help you all comply with the law, not make it more difficult,” Kopp said.
Trammell said, “It is really scary what can happen inadvertently.”
“It’s more scary to silence people. If I broke the Sunshine, it’s on me,” Wagner responded.
“But it’s on me if I know,” Trammell said.
“I feel like we are hurting ourselves by not being able to vocalize on social media,” Schmidt said.
He said there are a lot of municipalities that do share things online.
Kopp noted there are many counties that tell officials not to share on social media.
At that point, Schmidt made a motion for staff to bring back more research and more examples of social media policies.
The motion failed 5-2, with only Schmidt and Geile voting in favor.
At this point, Hebert said, “I feel like this is a good policy, a good starting line.”
Council member Destin said the problem with social media is “there is no notice … it’s spontaneous.”
Kopp reiterated that any time there are two or more, there needs to be a “notice” given.
Council member Jim Bagby spoke in favor of the policy. He said the public information officer or staff should answer things online and get people the right information.
“We have to be very careful,” Bagby said.
Wagner spoke again of how he thought social media is a “great tool if done correctly … it can restore democracy.”
“This isn’t new technology anymore … we can’t shy away from it,” he said.
Wagner recommended they do an ordinance, not a resolution.
After more than 30 minutes of back and forth, Braden called a point of order and said it was time to call the question.
The council voted in favor of adopting the resolution, 6-1, with Schmidt casting the lone no vote.
Wagner apologized in advance and said he would be going against the resolution.
“I’m going to continue to have my freedom of speech. I will be going against it until there are repercussions,” Wagner said.
This article originally appeared on The Destin Log: Destin passes social media policy restricting officials from commenting online. Mayor opposes
Reporting by Tina Harbuck, The Destin Log / The Destin Log
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