CITY COUNCIL
AGENDA
MONDAY, JULY 28, 2025
SPECIAL MEETING WORKSHOP –
6:00 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
CIVIC CENTER MEETING HALL
CITY COUNCIL CHAMBER
1016 S. LIVERMORE AVENUE
NOTICE IS HEREBY GIVEN that the City Council of the City of Livermore will convene a City Council special meeting workshop on July 28, 2025, beginning at 6:00 pm, in the Civic Center Meeting Hall, City Council Chamber at 1016 S. Livermore Avenue.
This special meeting is being called by Mayor John Marchand. /s/ John Marchand John P Marchand, Mayor
Evan Branning, Vice Mayor
Ben
Barrientos, Council Member
Steven Dunbar, Council Member
Kristie Wang, Council Member
Livermore City Council Agenda
July 28, 2025
1 1.
CALL TO ORDER
2. ROLL CALL
Council Member Ben Barrientos
Council Member Steven Dunbar
Council Member Kristie Wang
Vice Mayor Evan Branning
Mayor John Marchand
3. SPECIAL MEETING WORKSHOP ITEM
AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING THE SPECIAL MEETING WORKSHOP ITEM WILL BE PROVIDED BY THE MAYOR.
3.1 City Officials’ Use of Electronic Communications and Social Media Training
Recommendation:
Staff recommends the City Council receive a presentation and ask any clarifying questions regarding the City Officials’ Use of Electronic Communications and Social Media Policy.
Staff Report
Attachments:
1. City Officials' Use of Electronic Communications and Social Media
4. ADJOURNMENT
To a Regular City Council meeting on Monday, July 28, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chamber, 1016 S. Livermore Avenue.
5. SUPPLEMENTAL MATERIALS
5.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
6. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
Special Meetings, Workshops
- The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.
Platforms to Participate in Meetings:
Livermore City Council Agenda
July 28, 2025
2 Submission of Comments Prior to the Meeting:
Email Comments
may be submitted by the public to the City Clerk’s Office (
[email protected]
). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments
may be submitted by the public using the eComment link
here
. Comments may
be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.
Submission of Comments During the Meeting:
Speakers are limited to a maximum of 3 minutes per person. To submit a comment in person, you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card.
The
City Council Agenda and Agenda Reports
are prepared by City staff and are available
for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda
.
Under Government Code §54957.5, any supplemental material distributed to the members of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at
http://LivermoreCA.gov/agenda
.
PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF
LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,
NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE
CONTACT THE ADA COORDINATOR AT
[email protected]
OR
CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.
Livermore City Council Agenda
July 28, 2025
3 Livermore City Council Agenda
July 28, 2025
4 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1
DATE:
July 28, 2025
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
City Officials’ Use of Electronic Communications and Social Media Training
RECOMMENDED ACTION
Staff recommends the City Council receive a presentation and ask any clarifying questions regarding the City Officials’ Use of Electronic Communications and Social Media Policy.
SUMMARY
At the April 28, 2025, workshop, the City Council provided direction to staff to return to the City Council with a policy and training on City Officials’ Use of Electronic Communications and Social Media.
DISCUSSION
The City of Livermore’s Policy on City Officials’ Use of Electronic Communications and Social Media establishes clear expectations and legal boundaries for how City Officials, including Council Members and Advisory Body Members, engage through personal and City-affiliated digital platforms. The policy reinforces that while electronic tools can enhance communication with the public, they must be used in strict adherence to the Ralph M. Brown Act. The Brown Act prohibits a majority of a legislative body from using electronic communication, such as email chains, text messages, or social media comments, to discuss or deliberate on City business outside of a noticed public meeting. The policy highlights Assembly Bill 992, which further clarifies that members of a legislative body may not comment on or respond to another member’s social media post regarding matters within the body's jurisdiction. Activities such as liking, retweeting, or commenting on another official’s post may constitute a serial meeting, even in the absence of direct communication.
The policy also provides detailed guidance on how City Officials should manage their personal accounts when discussing City business, including best practices for record retention, distinguishing personal views from official positions, and avoiding the appearance of unauthorized representation. Officials are advised to include disclaimers on personal accounts and to refrain from deleting or blocking content unless legally justified and properly documented. These protocols are in place to emphasize the importance of maintaining public trust and minimizing legal exposure through thoughtful and legally 5 compliant digital engagement. Officials are encouraged to use their City-issued accounts for City business and to copy public records received on personal devices to official channels to ensure compliance with the Public Records Act.
FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal or administrative impacts associated with receiving this presentation.
COMMUNITY PILLAR
5: A City That Works
GOAL
1: Engage effectively with the Mayor and City Council
ATTACHMENTS
1. City Officials' Use of Electronic Communications and Social Media
Prepared by: Stephanie Egidio
Acting Deputy City Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
6 C
ity Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025
City Officials’ Use of Electronic Communications
and Social Media
P
urpose Statement
T
he purpose of this policy is for the Livermore City Council to establish expectations, guidelines and requirements for all City Officials, as defined below, for using Electronic Communications and posting on Social Media Platforms.
T
his Policy is not intended to prohibit members of the City’s Legislative Bodies (as defined below) from being responsive to the needs of the public and constituents, nor from communicating with City Staff.
T
he City Council expects that all City Officials will adhere to applicable laws and regulations when utilizing Electronic Communications and S ocial Media and will act with utmost caution and in accordance with the City Council’s established values, norms, principles of governance and rules of procedure.
T
he City Council expects all City Officials to: (1) be fully responsible for their personal Electronic Communications and Social Media accounts as defined below , (2) adhere to this policy when maintaining and using such personal accounts, and (3) understand that online engagement can present challenges with Brown Act and due process compliance.
Ap
plicability
T
his policy guides the use of E lectronic Communications and S ocial Media by City Officials, as defined below. A separate Administrative Regulation , developed and approved by the City Manager, applies to all City of Livermore employees, consultants and contractors.
D
efinitions
C
ity Official: City of Livermore Mayor and City Council Members, and Advisory Body Members (i.e. Board and Commission Members).
L
egislative Body: For the purposes of this Policy, defined in accordance with the California State Brown Act to include the City of Livermore City Council as well as Boards and Commissions.
E
lectronic Communications: Communication via electronic means, such as electronic mail, text, voice message, online chat, communication through Social Media Platforms, etc.
ATTACHMENT 1
7 C
ity Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025
Social Media Platform: An online or app-based service that is open and accessible to the public and where members of the general public have the ability to access and participate free of charge without pre-approval. This includes any forum and chatroom where the public cannot be blocked from participating, except when the Social Media Platform determines that an individual violated its rules or protocols. Examples of S ocial Media Platforms include, but are not limited to, blogs, video- and image -sharing websites or apps (e.g., YouTube, Instagram , TikTok , Snapchat), microblogging websites or apps (e.g., X), and others (e.g., Facebook, Nextdoor, Reddit, LinkedIn).
C
ity Social Media Accounts: Official social media accounts, including mobile apps, which the City of Livermore establishes and maintains to share information on City-related business and events, and over which it has control over all postings, messages, comments, photos and videos , except for advertisements or hyperlinks by the S ocial Media Platform’s owners, vendors, or partners.
City Social Media Accounts shall supplement, and not replace, the City’s required notices and standard methods of communication.
C
ity Officials’ Personal Electronic Communications Accounts: Electronic Communications accounts (including Social Media accounts) belonging to and maintained independently by the City Officials.
Br
own Act: The State of California Ralph M. Brown Act is a state law that guarantees the public’s right to attend and participate in meetings of local Legislative Bodies. The act requires advance notice of meetings, with agendas that describe the business to be conducted.
Me
etings subject to the Brown Act are not limited to face -to-face gatherings and include any means through which a majority of a Legislative Body discusses, deliberates or takes action on an item of business outside of a noticed meeting. The Brown Act applies to Social Media use and Electronic Communications.
A
B 992: The State of California A ssembly Bill (AB) 992 (2020) was enacted as a temporary modification to the Brown Act due to the legislature’s belief that the Brown Act caused public officials to be overly cautious and restricted the free flow of communications between public officials and the public on internet-based Social Media Platforms.
W
hile it would not be a Brown Act violation for two City Officials to talk about City business outside a noticed meeting, AB 992 added a new restriction that a City Official should not comment on another City Official’s online comment on items that are within the ir Legislative Body’s subject matter jurisdiction. The bill clarified that one City Official’s online comments must be separate from any other City Officials’ comments, and that City Officials cannot “talk” to each other, on matters within their Legislative Body’s subject matter jurisdiction.
ATTACHMENT 1
8 City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025
AB 992 encompasses activity across all types of Social Media Platforms. That means it could affect social media commenting, retweeting, liking, disliking, responding with positive or negative emojis and/or screenshotting (photographing) and reposting.
Guidelines and Requirements for the City Officials ’ Use of Electronic Communications and Social Media
General Guidelines
1. There is no California law requiring City Officials to use only government accounts to conduct public business, but there should be no expectation of privacy if personal accounts are used to conduct public business.
2. City Officials should be aware that Electronic and S ocial Media Communications regarding public business that are conducted using personal networks, accounts, or devices may be subject to the same laws as other records of public business, and that mishandling of such communications in violation of applicable laws may subject City Officials and the City to liability under applicable laws.
3. Electronic records relating to public business, including those created using City Officials’ personal accounts, are required to be in a manner capable of maintaining the record for the applicable retention period, including through the use of highlights, bins, or archives for temporary and disappearing stories, reels, posts, or otherwise. Social media content should be treated the same as any written document and retained in accordance with the City retention schedules or the minimum two-year period required under California Government Code. City Officials can seek guidance on complying with this requirement from the City Manager and City Attorney.
4. Any misuse of social media and other communication devices by City Officials may unintentionally cause Brown Act law violations and/or create public records that would need to be disclosed.
5. The Brown Act prohibits decision makers from using a series of communications to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the City’s L egislative Body outside a noticed meeting . For example, common email practices of forwarding or replying to messages can easily lead to a serial meeting (a series of communications outside a formal meeting) that are prohibited by the Brown Act. It is for this reason that City Of ficials should never use the "Reply All" function when responding to an email, as it increases the risk of creating a serial meeting in violation of the Brown Act.
6. To help avoid any violations of the Brown Act and to be consistent with the requirements of AB 992, City Officials are permitted to use their personal Social Media Platform to engage in ATTACHMENT 1
9 City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025
conversations or communications on matters within the subject matter jurisdiction of the ir Legislative Body: (a) to answer questions; (b) to provide information to the public, and (c) to solicit information from the public. However, a majority of members of the Legislative Body may not use social media to “discuss among themselves” official business. AB 992 broadly defines the meaning of “discuss among themselves” to include “ communications made, posted, or shared on an i nternet-based Social Media Platform between members of a Legislative Body, including comments or use of digital icons that express reactions to communications made by other members of the Legislative Body.”
7. AB 992 prohibits a member of a Legislative Body from responding “directly to any communication on an internet-based Social Media Platform regarding a matter that is within the subject matter jurisdiction of the Legislative Body that is made, posted, or shared by any other member of the L egislative Body.” Therefore, if one City Official posts a comment in response to another City O fficial’s social media post about a City issue, that could be a violation of AB 992, assuming the two serve on the same Legislative Body. Similarly, replying to another City Official (or more than one) via electronic mail could be a violation of this law and the Brown Act, and should be avoided.
8. The City Council has established an expectation that City Officials will not utilize
electronic devices to communicate with themselves, the public, or anyone else during a meeting of that City Official’s Legislative Body . Communicating during meetings using electronic technology (such as laptop computers, personal digital assistants, or cellular telephones) may create the perception that a private meeting is occurring without public access, which can introduce other legal concerns such as due process and whether those communications are influencing the outcome of decisions . If requested by a member of the public, these communications may need to be disclosed as public records.
9. The City Council has established an expectation that City Officials who have been issued an official City email address will use that address when communicating electronically about matters related to City business.
Engagement through City Officials’ Personal Electronic Communication Accounts
1. The City does not provide or support personal (not City’s official) Electronic Communications or Social Media accounts for City Officials , with the exception of City Council members who are issued official City electronic mail accounts . City Officials that maintain such personal accounts should be aware that Electronic Communications, Social Media posts, and messages by City O fficials regarding matters that are before the City for action or within the City’s jurisdiction can be “official city business” subject to laws and policies regarding freedom of speech, Freedom of Information Act, and public transparency laws. These laws and policies include, but are not necessarily limited to, the California and United States Constitutions, the ATTACHMENT 1
10 City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025
California Public Records Act (CPRA), the Ralph M. Brown Act, the Political Reform Act and the City’s records retention regulations.
2. A City Official shall maintain and clearly delineate between their own accounts used for official city business, versus personal or campaign purposes, when engaging in Electronic or Social Media communications, taking precaution not to convey personal or campaign communications in a manner that suggests such communications represent the position of the City, City Council, or Advisory Body as a whole. To avoid ambiguity, all statements, headings, profile pictures, or biographies on personal or campaign accounts shall not be made in the name of the position to which the City Official was elected, shall clearly reflect that content on such accounts does not represent the official positions of the City, City Council, or Advisory Body, and shall not display the City logo or any other official City mark or title.
3. City Officials are advised to include the following language on their personal social media accounts to avoid confusion and false expectation that their sites are affiliated with the City:
“This page (site) is not operated o endorsed by the City of Livermore and is not a reflection of City’s policies or official positions.”
4. Whenever possible, City Officials should refer others to the official City website for further information.
5. If a City Official receives E lectronic Communication regarding C ity business on a personal account, they should copy that information to their official C ity account (if such exists) for transparency and ease of access for public records requests. Such communications received and/or made on personal accounts if related to City business, may also be subject to the same transparency laws described above.
6. When discussing City business matters, City Officials should avoid deleting comments or blocking individuals on the pages or sites they maintain. In the event that a City Official deletes or removes content or blocks a user for threatening, harassing, or discriminatory content that the City Official believes constitutes an imminent threat or violation of harassment or discrimination laws, a copy of the deleted or removed content shall be saved or retained consistent with City records retention policies and this policy. Furthermore, a City Official shall report this action to their departmental liaison (for advisory bodies) or the City Manager (for City Council).
7. A City business-related post sent by, or to the public from a City Official’s personal computer or personal cell phone may fall within the definition of a public record and may be disclosed if requested under the CPRA.
ATTACHMENT 1
11 City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025
Engagement through City Social Media Accounts
The City maintains a number of official City Social Media Accounts for the sole purpose of informing, educating and engaging constituents on matters of City business. City Officials may from time to time engage on such City Social Media Accounts by liking, commenting on or sharing official City posts. To maintain compliance with AB 992, City Officials should refrain from commenting on or responding directly to any communication that is made, posted, or shared by any other City Official on any item that is within their subject matter jurisdiction. This includes “liking”, “disliking”, adding emojis to, sharing or forwarding another City Official’s post or comment.
Engagement through Other Open Platforms
From time to time City Officials may engage on other open platforms such as commenting on an online news article. City Officials shall take the same precautions as described earlier in this policy when engaging on such platforms.
Key Responsibilities:
City Manager: Responsible for facilitating the review of this policy with the Mayor and City Council every two years, after each municipal election, and incorporating relevant sections of this policy into the City’s Administrative Regulations on the same subject applicable to City staff, consultants and contractors. In collaboration with the City Attorney, the City Manager is responsible for implementing biennial training on the policy for all City Officials.
City Attorney: Responsible for reviewing this policy for compliance with and conformance to applicable laws and regulations and recommending changes to the City Manager during the biennial review process outlined above.
City Officials: Responsible for satisfying the administrative and legal responsibilities related to their use of and engagement through E lectronic Communications and Social Media accounts.
Responsible for reporting incidents of potential harassment, comment deletion or blocking, or unintentional policy violation to the City Manager.
Consequences of Policy Violation:
Violations of this policy by City Officials may be subject to removal from official positions (for advisory bodies), removal from representing the City on intergovernmental agencies (for Mayor and City Council), and/or up to and including censure (for Mayor and City Council).
ATTACHMENT 1
12 City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025
Acknowledgement Form
I acknowledge that I have received a copy of the City of Livermore’s City Council Policy on Use of Electronic Communications and Social Media and understand that I am to read and comply with its contents. I am aware that failure to comply may lead to consequences stated in the Policy.
City Official Name: __________________________________________________
City Official Title: ___________________________________________________
Date: ________________
Signature: ___________________________________________________________
ATTACHMENT 1
13 CITY COUNCIL STAFF REPORT
ITEM NO. 5.1
3.1 City Officials' Use of Electronic Communications and Social Media Training
Material: PowerPoint Presentation
DATE:
July 28, 2025
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Supplemental materials received prior to the meeting.
RECOMMENDED ACTION
SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.
DISCUSSION
ATTACHMENTS
1. Supplemental Materials
Prepared by: Ashley Zieba
Assistant City Clerk
14 Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
15 Item 3.1
PowerPoint Presentation
16 2
Use of Electronic Communications
and Social Media
Purpose & Applicability
• The purpose of this policy is to establish expectations, guidelines, and legal requirements for how City Officials engage in electronic communications and on social media. • Applies to all City Officials: the Mayor, Council Members, and Advisory Body Members.
• Separate regulations apply to City staff, contractors, and consultants through an Administrative Regulation.
Use of Electronic Communications
and Social Media
Legal Foundation
• The policy ensures compliance with the Brown Act, which prohibits a majority of a legislative body from discussing City business outside of a noticed public meeting, including via digital communication.
• AB 992 (2020) clarifies that officials may post about City business on social media but may not respond to or interact with each other’s posts, including comments, likes, or
emojis, when the topic is within their shared jurisdiction. 3 4
Item 3.1
PowerPoint Presentation
17 3
Use of Electronic Communications
and Social Media
Electronic Communications
• Electronic Communications include emails, texts, voice messages, online chats, and any form of messaging or posting online.
• Personal devices/accounts may be subject to public records requests if used for City business.
• City-issued email accounts must be used when conducting official business electronically.
• Any communication during public meetings via electronic devices may create the appearance of a private meeting and must be avoided.
Use of Electronic Communications
and Social Media
Guidance on Social Media Account Presentation
• Do not use City logo.
• It is strongly recommended to include a disclaimer on personal pages:
“This page is not operated or endorsed by the Cityof
Livermore and does not reflect official City policies or positions.”
5 6
Item 3.1
PowerPoint Presentation
18 4
Use of Electronic Communications
and Social Media
Guidance on Social Media Behavior
• City Officials may use personal social media to
answer questions, provide information, or gather input— but must avoid engaging with other officials on posts related to City business.
• Officials must not delete or block users unless there is a justifiable legal reason (e.g., threats or harassment), and documentation must be retained.
7 8
Item 3.1
PowerPoint Presentation
19 5
9 10
Item 3.1
PowerPoint Presentation
20 6
Use of Electronic Communications
and Social Media
Public Records & Retention
• Communications related to City business must be preserved and may be disclosed under the California Public Records Act (CPRA).
• This includes temporary content like disappearing posts or stories on Instagram, Facebook, etc.
• Officials should copy City-related messages received on personal accounts to their City-issued email when possible.
Use of Electronic Communications
and Social Media
Responsibilities
• City Officials must comply with the policy and report any potential violations or content deletions to the City
Manager or staff liaison.
• City Attorney reviews the policy for legal compliance and suggests updates.
• City Manager oversees implementation, updates, and
training every two years or after each municipal election. 11 12
Item 3.1
PowerPoint Presentation
21 7
Use of Electronic Communications
and Social Media
Consequences for Violations
• Removal from advisory bodies
• Removal from
intergovernmental assignments
• Formal censure by the Council
Legal Violations
• Brown Act
• Due Process
• First Amendment
• Public Records Act
Questions?
13 14
Item 3.1
PowerPoint Presentation
22