4/16/2026
1 RiversideCA.gov1
RiversideCA.gov
REVISIONS TO RIVERSIDE MUNICIPAL CODE Chapter 2.78CODE OF ETHICS REGARDING DIGITAL CONDUCTCity CouncilMay 5, 2026Presented by City Attorney’s Office RiversideCA.gov2
•The annual review of the Code of Ethics began in June 2025•On December 9, 2025, the City Council held a public hearing to review the GPC recommendations.•The City Council referred two potential revisions to RMC Chapter 2.78 regarding digital conduct back to the Board of Ethics and GPC.•CAO presented options to the Board of Ethics on February 5, 2026 and Governmental Processes Committee on April 1, 2026.–Both recommended Option 2BACKGROUND1 2 4/16/2026
2 RiversideCA.gov3
The GPC and the City Council requested the CAO review proposed RMC 2.78.050 and 2.78.060 additions regarding digital misconductCAO raised concerns that proposed language may trigger First Amendment challenges, is duplicative of other sections, and is too broad CITY ATTORNEY’S OFFICE REVIEW RiversideCA.gov4
•“Conflicts of Interest”: Duplicative of Section 2.78.060.F -Prohibited conduct, “Violation of Government Code §§ 87100 et seq., prohibited”•“Pending City matters” should be narrowed to matters within the subject matter jurisdiction of public official. •“Bias” is covered in quasi-judicial matters, where impartiality is legally required. The proposed language would expand this to all types of proceedings not usually subject to impartiality legal requirementsOVERLAP AND OVER BROAD ISSUES3 4 4/16/2026
3 RiversideCA.gov5
•First Amendment prohibits governments from retaliating against individuals for engaging in protected speech•Public officials retain their First Amendment protections to speech in their private capacity•Elected officials can only be subjected to censure for their private speech•Narrowing the proposed digital conduct language to avoid private speech and limiting sanctions to censure will help avoid First Amendment issuesFIRST AMENDMENT ISSUES RiversideCA.gov6
1. To avoid First Amendment issues, limit digital conduct revision to Core Values only.–Core Values set expectations and make value statements–Core Values are not subject to sanctions, so First Amendment issues are avoided.OPTION 15 6 4/16/2026
4 RiversideCA.gov7
1. Revise the language to protect private speech, remove duplicative sections, be consistent with other Code of Ethics sections, and limit sanctions to censure only–Private speech of the public official will not be impacted–Courts have found sanctions beyond censure to violate the First AmendmentOPTION 2 RiversideCA.gov8
RMC 2.78.050 - Core Values, add a new subsection “I” on digital communications:I. Digital communication must reflect the City’s commitment to impartiality, fairness, and integrity. Online activity, messages or actions should not create, or appear to create, bias, partisanship, a conflict of interest, or predisposition on pendingCity matters that fall within the subject matter jurisdiction of the public official and are quasi-judicial proceedings. •OPTION 2 - POTENTIAL REVISION7 8 4/16/2026
5 RiversideCA.gov9
RMC 2.78.060 - Prohibited conduct - add new subsection “O” on digital misconduct:O. Digital misconduct prohibited. Those subject to this code are prohibited from engaging in digital misconduct, while acting in an official capacity. Online activity or messages that create, or appear to create, bias, partisanship, a conflict of interest, or predisposition on pending City matters that fall within the subject matter jurisdiction of the public official and are quasi-judicial proceedings are strictly prohibited. Any violation of prohibited conduct under this code shall encompassbe limited to online activity while representing yourthe public official’s appointed or elected position using official City accounts. Sanctions for this paragraph shall be limited to censure only.•OPTION 2 - POTENTIAL REVISION RiversideCA.gov10
That the City Council introduce and subsequentlyadopt proposed revisions to Sections 2.78.050 and2.78.060 of the Riverside Municipal Code Chapter2.78, the Code of Ethics and Conduct, to addressdigital communications and misconduct; waivefurther reading.RECOMMENDATION9 10