Islanders active on social media sites, especially NextDoor, know that they can be a helpful neighborhood resource as well as a forum to discuss political issues. But social media can be tricky for councilmembers, whose communications are somewhat restricted by the Open Public Meetings Act (OPMA).
At its Sept. 21 meeting, the council was set to adopt communications protocols similar to those of the city councils of Issaquah, Kirkland and Seattle. City Attorney Kari Sand said that these policies are “commonplace now in other jurisdictions” as precautionary measures ensuring compliance with the OPMA.
Councilmembers may post to social media sites such as Facebook, Twitter and NextDoor if they provide a disclaimer about their views, which would ensure that the views expressed are those of the member, and not of the full council.
It would also acknowledge that comments by other councilmembers regarding the same topic on the same social media forum are limited by the OPMA, which requires public noticing of a quorum of councilmembers discussing official city business.
“If more than three councilmembers are involved in a conversation via a social media site, it could be considered a meeting under the OPMA; and if no notice was given regarding the meeting, it would not be in compliance,” according to the Sept. 21 agenda bill.
“Some councilmembers may be barred from participating in certain threads because of the OPMA,” Sand said.
Sand said she isn’t aware of any current issues with councilmember communications, but that with the increased prevalence and use of social media, it’s better to adopt protocols sooner rather than later. She also said the new rules are not intended to infringe on First Amendment rights.
“We’re not trying to regulate content, just trying to be mindful of the OPMA,” Sand said.
The new protocols, which apply to both in-person and social media communications, will be added to the City Council Rules of Procedure. Sand said she would recommend a more comprehensive update of those rules, which were first adopted in 2004 and haven’t been updated since 2006.
Update: The Council decided to push back a review of its rules of procedure to the January planning session. Questions remain about how social media can or cannot be used for campaigning. Councilmembers agreed that the OPMA concerns are valid, but Sand said that those rules apply whether or not the Council adopts new communications protocols.