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Res 150-2024 Prohibiting Installation or Use of TikTok on Electronic Devices 11/19/2024 Resolution No. 150-2024 Resolution adopting the addition to the City's Social Media Sites and Services Policy to include the prohibition of the installation or use of the social media application, TikTok, on any city-owned or leased electronic device WHEREAS, the Texas Legislature, through Senate Bill 1893, found that TikTok poses a significant risk to the security of users; and, WHEREAS, the Texas Legislature further found that TikTok collects vast amounts of data from its users' devices including when, where, and how they conduct Internet activity and offers potentially sensitive information to the Chinese government; and, WHEREAS, Senate Bill 1893 and the Office of the Governor's directive prohibit the installation and use of TikTok and would require the removal of TikTok on any city-owned or leased electronic device. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The attached City of Wichita Falls Social Media Sites and Devices policy sets guidelines in line with the Office of the Governor's directive and Senate Bill 1893. Further, the City Council acknowledges that Council member are also prohibited from installations and use of Tik Tok on City owed electronic devices in a manner consistent with this law and policy. PASSED AND APPROVED this the 19th day of November, 2024. MAYOR ATTEST: City Clerk CITY OF WICHITA FALLS ADMINISTRATIVE POLICIES AND PROCEDURES Effective: xx/xx/xxxx Policy Reference Number: 1-7 SECTION: Administration TOPIC: Use of City Social Media Sites and Services I. PURPOSE The City of Wichita Falls, in the ongoing effort to effectively communicate with the public, uses Social Media as a way to deliver information and provide a venue for involvement, interaction and feedback concerning City business, activities, and issues. This policy sets guidelines for the establishment, operation, and management of various Social Media to ensure timely, accurate and appropriate use of those outlets to deliver clear, concise and consistent messages on behalf of the City. The City shall establish a Social Media Committee, comprised of City employees (Social Media Administrators), representing departments and divisions that utilize and maintain Social Media on behalf of the City. The committee will meet to discuss areas of improvement of City-associated Social Media sites, and to learn about and discuss the latest technology, tools, trends and updates associated with these sites. This policy establishes guidelines for the use of social media. The City Manager or his designee shall approve what social media outlets may be suitable for use by the City and its departments. II. DEFINITIONS A. Bloq — (An abridgment of the term web log) A self-published diary or commentary on a particular topic that may allow visitors to post responses, reactions, or comments. B. Post - Content an individual shares on a social media site or the act of publishing content on a site. C. Profile - Information that a user provides about himself or herself on a social networking site. D. Social Media - A category of internet-based resources that enable the user to generate content and encourage other user participation. "Social Media" are various forms of discussion-information-sharing tools, including social networks, blogs, video sharing, wall postings, e-mail, instant messaging, and music sharing, to name a few. Examples of Social Media applications include, but are not limited to, Google, Microsoft Explorer, Mozilla Firefox, and Yahoo Groups (reference, social networking); Wikipedia (reference); MySpace and Facebook (social networking); YouTube (social networking and video sharing); Flickr (photo sharing); Picasa (Photo sharing); Twitter (social networking and microblogging); Linkedln (business networking); news media comment sharing/blogging; PhotoBucket (photo sharing); Nixle (news bulletin). This policy covers all Social Media tools, both current and future. E. Social Networks - Platforms where users can create profiles, share information, and socialize with others using a range of technologies. F. Speech - Expression or communication of thoughts or opinions in spoken words, in writing, by expressive conduct, symbolism, photographs, videotape, or related forms of communication. G. Social Networking - The practice of expanding one's business and/or social contacts by making connections through clubs, organizations, phone contacts, written correspondence or through web-based applications. This policy focuses on Social Networking as it relates to the Internet to promote such connections through Web-based groups established for that purpose. H. Comment - A response to a City article or social media content submitted by any person or entity. I. Article - An original posting or content to a City social media site by a City employee. J. Link - A referral to other information at a different location on the internet via a hyperlink. III. APPLICATION A. This policy applies to the use of Social Media as described below. The lack of specific reference to a site does not limit the extent of the application of this policy. 1 . Networking sites (such as Facebook, MySpace, Linkedln) that allow static- posting of communication between users with individual profiles. 2. Reference, search, and social networking sites (such as Google, Microsoft Explorer, Mozilla FireFox, Yahoo, Bing, Wikipedia). 3. Bulletin sites (such as Twitter and Nixle) that allow active-posting of communication between users and defined user groups. 4. Multimedia sites (such as YouTube, Vine, Instagram, Flickr, PhotoBucket and Picasa) that provide on-line storage of photos, videos and other multimedia materials and allow public access to those materials. 5. Blogs, a discussion of topics posted to the internet, generally created and monitored by an individual. The City will not operate a blog. B. Any new Social Networking Outlet implemented by the city shall be operated in compliance with this policy, as determined by the City Manager. IV. GENERAL RULES OF USE A. The establishment of a City-related Social Media site or service will be administered by the appropriate Department or Division, upon approval to establish and maintain a Social Media site or service. B. Under certain circumstances, a City Department or Division may want to create and maintain a Social Media site or service. A request must come through the Department Director and be approved by the City Manager prior to implementation. Sites that violate this policy may be removed at any time. This rule is considered to be retroactive and established sites will be reviewed for approval. C. Information posted by staff on approved City Social Media Sites must be factual, neutral (free of opinion) and cannot impair the public's confidence in the operation of city government or the performance of individual employees. D. As forums open to the public, City-administered Social Media Sites will accept connection requests from the public. Department and Division Social Media Administrators will not submit Connection requests to individual users with the following exceptions: i. Elected or appointed officials of the City or other governing bodies ii. City employees iii. Other government-run user profiles (e.g. cities, county, state, etc.) iv. News media outlets and representatives E. Wherever possible, links to more information should direct users back to the City's official website for more information, forms, documents, or online services necessary to conduct business with the City. F. City social networking sites are subject to the Texas Public Information Act and Federal discovery files and the City's record retention schedule shall be maintained for the required period in a format that preserves the integrity of the original record and is easily accessible using the usual or approved City platforms and tools. G. All social network sites and entries shall clearly indicate that any articles and any other content posted or submitted for posting are subject to public disclosure. H. The City reserves the right to restrict or remove any content that is deemed in violation of this policy or any applicable law. I. Each City social networking site shall include an introductory statement, which clearly specifies the purpose and topic of the social network site. Where possible, social networking sites should link back to the official City internet site for forms, documents and other information. J. Bulletins, postings and comments containing any of the following shall not be allowed, and shall be removed by the City if posted: i. Profane language or content ii. Content that promotes, fosters, or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, marital status, status with regard to public assistance, national origin, physical or mental disability or sexual orientation iii. Sexual content or links to sexual content iv. Threats of violence v. Solicitations of commerce vi. Conduct or encouragement of illegal activity vii. Information that may tend to compromise the safety or security of the public or public systems viii. Content that violates proprietary information of any other party ix. False or misleading information stated as fact or a belief, that can be proven as false or misleading K. Departments that use social media are responsible for complying with applicable federal laws and city policies. This includes adherence to established laws and policies regarding copyright, records retention, the Texas Public Information Act, the First Amendment of the U.S. Constitution, privacy laws and information security policies established by the City. L. Employees representing the City government via social media outlets must conduct themselves at all times as representatives of the City and in accordance with the City's Personnel Policy Manual. Employees who fail to conduct themselves in an appropriate manner shall be subject to disciplinary action up to and including termination of employment. Employees using Social Media Sites, whether as an administrator, or as a responder to a posting, will follow these guiding principles: 1 . Maintain transparency by using your real name and job title, and by being clear about your role in regards to the subject. 2. Write and post about your area of expertise, especially as related to the City and your assignments. When writing about a topic for which you are not the City's expert, make this clear to readers. 3. Keep postings factual and accurate. If a mistake is made, admit to it and post a correction as soon as possible. 4. Reply to comments in a timely manner, when a response is appropriate. When disagreeing, with others opinions, keep it appropriate and polite. 5. Post meaningful, respectful comments that are on topic. 6. Understand that postings are widely accessible, not retractable, and will be around for a long time, so consider content carefully. 7. Ensure that your comments do not violate the City's privacy and applicable legal guidelines for external communication. Never comment on anything related to legal matters, litigation, on-going investigations, or any parties with whom the City may be in litigation without the appropriate approval. 8. Ensure you have the legal right to publish others' material, including photos and articles pulled from other sites. Do not publish photos taken while on the scene of any incident. Respect brand, trademark, copyright, fair use, disclosure of processes and methodologies, confidentiality, and financial disclosure laws. Even when using material from copyright-free sources, include appropriate attributions. 9. Make it clear that you are speaking for yourself and not on behalf of the City, unless that is part of your duties with the City. Remember that your postings are ultimately your responsibility. M. City staff authorized to post material on City-administered sites will receive training on the content and application of this policy prior to being granted access. N. Where applicable, City-Administered sites that permit user comments will display or promote when necessary, the following disclaimer: The purpose of this site is to present matters of public interest in Wichita Falls, Texas. The City encourages users to submit questions, comments, and concerns with the understanding that the City of Wichita Falls reserves the right to delete or block submissions that contain vulgar language, personal attacks, encouragement of violence or criminal activity, material of a sexual nature, solicitation of commerce, infringe on copyrights or trademarks, or offensive comments that target or disparage any ethnic, racial, or religious group or statements that are false or misleading. User comments expressed on this site do not reflect the opinions and position of the Wichita Falls City government or its elected officials or employees. For questions or comments please contact the City of Wichita Falls Public Information Office at 940-761-7401. O. Web addresses that connect to City-administered Social Media Sites may be utilized in City publications and other written material, City-related websites, television productions and other electronically generated material. V. PROHIBITED SOFTWARE/APPLICATIONS/DEVELOPERS ON CITY-OWNED OR LEASED EQUIPMENT 1 . In accordance with Senate Bill 1893 (codified as Chapter 620 of the Texas Government Code), the City of Wichita Falls prohibits the installation or use and requires the removal of TikTok or any successor application developed or provided by ByteDance Limited, or any entity owned by ByteDance Limited on any city-owned or leased electronic device, except to the extent necessary for providing law enforcement or developing or implementing information security measures, with the user implementing appropriate risk-mitigating measures. 2. To provide protection against ongoing and emerging technological threats to the government's sensitive information and critical infrastructure, the Texas Department of Public Safety (DPS) and Texas Department of Information Resources (DIR) will regularly monitor and evaluate additional social media applications or services that pose a risk to the City. 3. DIR will annually submit to the Governor a list of social media applications and services identified as posing a risk to Texas. The Governor may proclaim items on this list as covered applications that are subject to this policy. VI. SITE ADMINISTRATION A. The City of Wichita Falls retains intellectual rights to content placed on City sponsored Social Media Sites that are maintained by employees. B. The Public Information Office will maintain a current list of all City-administered sites, access information for each site, and employees who have been provided with access. Additional employees may be given access only with approval from their respective Department Heads. C. If an employee with access to a City-administered Social Media Site leaves the organization for any reason, the appropriate Department or Division Social Media Administrator will change the access information for their Social Media site(s), contact the appropriate administrators with the new access information and contact the Public Information Office with the new access information. D. Where applicable, City security policies, including but not limited to information technology security policies, shall apply to all social networking sites, articles, and comments. VII. EMPLOYEE SITES A. The City recognizes that employees use Social Networking Outlets for their own purposes. This policy does not extend to individual employee's sites, except that employees may be subject to disciplinary action in accordance with City of Wichita Falls Policy V-1 . "Computer and Technological Systems Use Policy" for internet postings that could impair the public's confidence in the operation of City government or the performance of the individual employee. B. Personal sites may not be designed in such a way as to cause users to believe the site is City-administered or endorsed by the City, including unauthorized use of City logos and trademarks. Connections with City-administered sites are permitted. VIII. ADVERTISING AND SPONSORSHIPS The City will not solicit or accept paid advertising in association with City- maintained Social Media Sites. IX. DISCLAIMER The City reserves the right to change, modify, amend, revoke or rescind all or part of this policy at any time. Except to the extent required by law, communications made through e-mail and comments posted shall in no way be deemed to constitute legal notice to the City of Wichita Falls or any of its agencies, officers, employees, agents, or representatives with respect to any existing or potential claim or case of action against the agencies, officers, employees, agents or representatives where notice to the City is required by any federal, state, or local laws, rules, regulations, or ordinance. This policy will be reviewed annually and updated as necessary to reflect changes in state law, additions to applications identified under Government Code Section 620.006, updates to the prohibited technology list posted to DIR's website, or to suit the needs of the City of Wichita Falls. An employee found to have violated this policy may be subject to disciplinary action, including termination of employment.