AGENDA
ITEM
23 AGENDA
CALEXICO California ITEM
" COUNTY. CAL WHERE CALIFORNIA AND MEXICO MEET
23 CITY COUNCIL
AGENDA STAFF REPORT
DATE: June 17, 2026
TO: City Council
APPROVED BY: Benjamin Martinez, City Manager
PREPARED BY: Laura Estrada, City Attorney LE
SUBJECT: Adoption of Social Media Policy for Members of Legislative Bodies =====
Recommendation:
It is recommended that the City Council review, discuss, and adopt the Social Media Policy for Members of Legislative Bodies.
Background:
The proposed Social Media Policy establishes guidelines governing the use of social media and electronic communications by members of the legislative bodies of the City of Calexico when acting in their official capacities and/or conducting City business.
The purpose of the Policy is to promote transparency, accountability, professionalism, and compliance with applicable federal, state, and local laws while preserving the public's trust in municipal government.
Discussion and Analysis:
The Social Media Policy provides guidance for members of legislative bodies regarding the appropriate use of social media and electronic communications when conducting in their official capacities and/or city business. The policy is intended to balance effective communication with the public while ensuring compliance with legal obligations applicable to public officials.
If adopted, the requirements would take effect immediately.
Fiscal Impact:
None at this time.
Coordinated With:
City Attorney's Office
Attachment(s):
1. Draft Social Media Policy
ATTACHMENT NO. 1
CITY OF CALEXICO
SOCIAL MEDIA POLICY FOR MEMBERS OF LEGISLATIVE BODIES
1. PURPOSE
The purpose of this Social Media Policy ("Policy") is to establish guidelines for the use of social media and electronic communications by members of the legislative bodies of the City of Calexico ("City'") when acting in their official capacities, conducting City business, or using communication platforms in a manner that may reasonably be perceived as official governmental communication.
This Policy is intended to promote transparency, compliance with applicable law, professionalism, public trust, and the orderly conduct of City business.
Nothing in this Policy is intended to regulate or restrict constitutionally protected speech by members of the legislative bodies of the City acting in their purely private capacities on matters unrelated to City business.
2. APPLICABILITY
This Policy applies to all members of the City's legislative bodies, including but not limited to the:
• Members of the City Council;
• Commissioners;
• Committee members;
This Policy applies when members of the City's legislative bodies:
• Communicate regarding City business;
• Use official City communication channels;
• Use personal accounts or devices to conduct City business; or Engage in communications that may reasonably be interpreted as official governmental communications.
All members of the City's legislative bodies shall review, understand, and comply with this Policy and all applicable federal, state, and local laws.
3. DEFINITIONS
3.1 City Business
"City Business" means any matter within the subject matter jurisdiction, oversight authority, advisory authority, policy authority, or operational interests of the City, including but not limited to:
1 • Agenda items;
• Land use and planning matters;
• Permits and development applications;
• Contracts and procurement matters;
• Budget and fiscal matters;
• Public safety matters;
• Infrastructure and public works;
• City operations and programs;
• Personnel matters;
• Policy discussions; and
• Any matter reasonably anticipated to come before a legislative body.
3.2 Social Media
"Social Media" means any internet-based platform or application used to create, share, or exchange information, opinions, images, videos, or other content. Examples include, but are not limited to, Facebook, Instagram, X (formerly Twitter), Linkedin, YouTube, TikTok, blogs, online forums, and similar technologies.
3.3 Electronic Communication
"Electronic Communication" includes, but is not limited to:
• Emails;
• Text messages;
• Instant messaging;
• Group messaging;
• Social media interactions;
• Direct messages;
• Online forums;
• Video conferencing;
• Livestream communications; and
• Other internet-based communications.
3.4 Official Communication
"Official Communication" means any communication made in an official capacity, concerning City business, or reasonably perceived by the public as representing the City or an official City position.
3.5 Legislative Body
"Legislative Body" shall have the meaning set forth in the Ralph M. Brown Act, including California Government Code section 54952, as amended.
2 4. GENERAL STANDARDS OF CONDUCT
Members of the Legislative Body shall:
• Conduct themselves lawfully, professionally, and respectfully; • Comply with all applicable laws and City policies;
• Avoid conduct that undermines public confidence in government; • Maintain civility in public communications;
• Protect confidential and legally privileged information; and • Clearly distinguish between personal opinions and official City positions.
5. BROWN ACT COMPLIANCE
Members of the legislative body serving are subject to the Ralph M. Brown Act shall comply with all applicable open meeting laws, including California Government Code .-.
sections 54950 et seq.
Members of the Legislative Body shall not:
• Deliberate outside a properly noticed public meeting; Participate in serial meetings;
Use intermediaries to develop collective concurrence;
• Engage in prohibited communications through social media or electronic communications; or
• Use technological platforms to circumvent the Brown Act.
Pursuant to Government Code section 54952.2(b)(3), officials may use internet-based social media platforms to:
• Answer questions;
Provide information to the public; or
• Solicit public input,
provided that such communications do not constitute prohibited deliberations among members of the same legislative body.
Members of the legislative body shall not respond directly to, comment on, react to, "like," share, repost, or otherwise engage with another member of the same legislative body regarding matters within the body's subject matter jurisdiction on social media platforms.
6. ELECTRONIC COMMUNICATIONS AND RECORD RETENTION
Electronic communications concerning City business may constitute public records under the California Public Records Act ("CPRA"), regardless of:
• Device ownership;
3 • Account ownership;
• Communication platform; or
• Whether the communication was made on a personal or official account.
Members of the Legislative Body shall retain public records in accordance with applicable law.
7. OFFICIAL AND PERSONAL SOCIAL MEDIA ACCOUNTS
Members of the Legislative Body when using personal social media accounts should not use (but are not limited to):
• Use of an official title;
• Use of City logos, seals, or branding;
• Posting official announcements or City actions;
• Communicating official City positions; or
• Presentation of the account as an official source of City information.
Members of the Legislative Body using personal accounts to discuss public issues are encouraged to include a disclaimer substantially similar to the following:
"The views expressed are my own and do not represent the official views of the City of Calexico."
8. CAMPAIGN AND POLITICAL ACTIVITY
Members of the Legislative Body shall maintain a clear separation between official governmental communications and campaign or political activities.
City resources should not be used for campaign purposes.
Members of the Legislative Body if applicable shall comply with all applicable laws governing political activity, conflicts of interest, and misuse of public resources.
9. PUBLIC INTERACTION AND COMMENT MODERATION
Members of the Legislative Body should recognize that social media accounts used for prital governmental purposes may constitute public forums subject to First Amendment
10. REVIEW AND UPDATES
This policy may be amended by the council members at a noticed public meeting in open session.
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