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Electronic Communications Policy

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RESOLUTION NO. 2941-2024

RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PORTOLA VALLEY ADOPTING A POLICY REGARDING THE USE OF ELECTRONIC COMMUNICATIONS

WHEREAS, the Town of Portola Valley seeks to promote effective use of electronic communications by Town Council members, Commissioners, and Committee members in conducting Town business and to create a system that allows compliance with state and federal laws governing electronic communications including, where applicable, the Brown Act, the Public Records Act, records retention laws; and

WHEREAS, the Town Council approved Resolution No. 2466-2009 on September 23, 2009 adopting a Council Correspondence Policy and approved Resolution No. 2507-2010 on October 13, 2010 adopting a Personal Computing Devices Policy; and

WHEREAS, the Council Correspondence Policy reflects outdated Town practices regarding the distribution of Council correspondence and the printing of public records; and

WHEREAS, the Personal Computing Devices Policy generally reflects current law but also reflects an outdated practice of Town-issued personal computing devices to all Councilmembers; and

WHEREAS, on August 1, 2022, the Town Council adopted a policy prohibiting private email or text communications among Council members, Commissioners, and Committee members during public meetings (the “Texting Policy”); and

WHEREAS, the Town wishes to update the Council Correspondence Policy and the Personal Computing Devices Policy to align with current technology and Town practice, and to expand the Texting Policy to generally prohibit all e-communications by members of all legislative bodies of the Town of Portola Valley during public meetings so that they may focus on Town business as set forth in the agenda topics; and

WHEREAS, the Brown Act portions of this Policy are intended to apply only to the Town’s legislative bodies (Town Council, Town Commissions, and certain Advisory Committees), and not to Town Manager committees and other working groups that do not report to the Town Council.

NOW THEREFORE, the Town Council of the Town of Portola Valley does hereby RESOLVE as follows:

  1. Purpose: Use of electronic media is necessary and useful for Town Council and Commission and Committee members in order to improve communication and efficiently perform their Town duties. The purpose of this policy is to ensure the proper use of the Town’s electronic media and to set out the policy the Town Council and Commission and Committee members will follow when using electronic media and the Town’s electronic communication system. This policy will also ensure that use of Town electronic media complies with applicable law, including the Public Records Act and Brown Act.

    This Resolution supersedes and rescinds the Council Correspondence Policy adopted in 2009 and the Personal Computing Devices Policy adopted in 2010. This Resolution does not remove any of the unconditional commitments included in the Texting Policy, which resolved Brown Act litigation, but does expand some of its provisions to go above and beyond the Brown Act and the Texting Policy.

    The Town Council hereby adopts the Electronic Communications Policy as set forth herein. Except where stated otherwise, this policy is applicable to all of the Town’s legislative bodies that are subject to the Brown Act. However, the Brown Act provisions of this Policy are not intended to cover non-legislative bodies including but not limited to committees that advise a single decisionmaker or are appointed by staff.

  2. Definitions
    • Electronic communications (e-communications) means electronic text or visual communication and attachments distributed via email, websites, instant messaging, direct messaging, text messaging, social media platform, or comparable services.
    • Social Media Platform includes online services/forums and publicly accessible technologies used to publish and/or share information using the internet. Examples of social media include: Nextdoor, Facebook, Instagram, Twitter (X), PV Forum, LinkedIn, and YouTube.
  3. Procedures for Electronic Communications: E-Communication by nature represents and reflects upon the Town’s public image and integrity. Council members and Commissioners should ensure that their messages are respectful, professional, and are consistent with Town policies. E-Communication should be written or otherwise presented in the same professional and respectful manner as paper communications.
  4. Public Records and Records Retention
    1. Public Records Act. Town records, whether paper or electronic, are governed by the public disclosure requirements of the Public Records Act. In the event that the Town receives a request for disclosure of Town records that includes E-Communication, the person responsible for the requested records must use his or her best efforts to preserve all Town E-Communication covered by the request until the responsive E-Communications have been identified.
    2. Town Council E-mail Accounts and E-Communications. Council members will be issued accounts for use of Town electronic media for e-mail on Town business. Council members shall not use their personal or business email accounts or addresses for any communication pertaining to Town business. When using email, users should communicate with the public and staff solely via their designated Town email addresses. Council members should not commingle e-communication pertaining to Town business with e-communication pertaining to their personal life or business. If a personal or business email address is inadvertently used for Town business, the Council member shall copy their Town email address in the response and notify the other party to the communication that future communication on that matter should occur through the Town issued email address. Council members shall keep a record of all e-communications other than email communications (such as social media or text conversations) relating to Town business and provide a copy to the Town Clerk upon request in the event of a Public Records Act request.
    3. E-Communications by Commissioners and Committee Members. Commissioners and Committee members who have not been issued a Town email address may use their personal accounts for Town business. In order to ensure that the Town has a record of all e-communications concerning Town business, e-communications concerning Commission business should include a copy to a Town e-mail address (staff or Council liaison or alias). E-Communications concerning Committee business should, as a best practice, include a copy to a Town email address (staff or Council liaison or alias). Commissioners and Committee members shall keep a record of all e-communications other than email communications (such as social media or text conversations) relating to Town business and provide a copy to the Town Clerk upon request in the event of a Public Records Act request.
  5. Brown Act and Open Government
    • Electronic Communications between Council members or Commissioners/Committee Members Concerning Town Business. Electronic communications should not normally be sent by a Council or Commission/Committee member to a number of Council or Commission/Committee members equal to or greater than a quorum of such body concerning Town business and should never be used to form or attempt to form a consensus on an issue within the Town’s business. Such a writing should be for informational or procedural purposes. Writings for informational purposes should state “For Informational Purposes Only – Please Do Not Respond.”
    • Use of E-Communication During Meetings. Town Council members shall not use E-Communication at any time during a meeting of the Town Council at which they are in attendance. No Commissioner or Committee member may use E-Communication at any time during a meeting of the Commission or Committee of which they are a member at which they are in attendance. The foregoing limitation shall not apply to receipt of telephone calls or text messages in the event of an urgent personal matter.
    • E-Communications with the Public on Social Media Platforms. In accordance with the Brown Act, Council members, Commissioners, and Committee members may engage in separate conversations with members of the public via E-Communication, including via Social Media Platforms, to answer questions, provide information, and request information from the public on matters of Town business. Council members, Commissioners, and Committee members may not respond directly to any communication on a Social Media Platform posted, made, or shared by another member of the body on which they serve if it concerns a matter of that body’s business. This prohibition applies to commenting, posting emojis or other images, and other digital icons (including clicking on a reactive symbol, such as “thumbs up,” “like,” or “heart”).
  6. Website Warning. To warn the public of the public nature of e-communications sent and received by the Town and Council members and Commissioners/Committee members, the Town shall have a warning on the Town’s website that communications made to Town staff, Council members, Commissioners, and Committee members may be a public document and subject to disclosure.
  7. Compliance with this Policy: It is the responsibility of every Councilmember, Commissioner, and Committee Member to ensure that they are in compliance with this Electronic Communications Policy.

PASSED AND ADOPTED this 28th day of February, 2024, by the following vote:

AYES:   Councilmembers Aalfs, Hufty, Taylor, Vice Mayor Hasko, Mayor Wernikoff

NOES:  None

ABSENT:  None

ABSTAIN:  None

 /s/  Mayor Sarah Wernikoff