Tramway Social Media Policy

1. Purpose and Scope
   This document shall serve as the Mount San Jacinto Winter Park Authority dba Palm Springs Aerial Tramway (“Agency”) Social Media Policy and shall govern the use of Social Media sites used for Agency purposes. The seven-member Mount San Jacinto Winter Park Authority, a public agency and public corporation of the State of California, is the governing body of Palm Springs Aerial Tramway.

2. Definitions
   “Social Media sites” shall be defined as services through which multiple users can easily publish and share a wide variety of content, including written commentary, pictures, and video/audio files via the Internet. Social Media sites may include Facebook, Twitter, Instagram, Pinterest, LinkedIn, or any other site that meets the definition provided in this subchapter.

3. General Policy
   • The General Manager or his/her designee shall review and pre-approve an Agency Department’s establishment and use of any Social Media site.
   • All Agency Social Media sites shall adhere to applicable Federal, State and local laws as well as Agency policies and regulations.
   • All Agency Social Media sites are subject to the California Public Records Act. Any and all content on an Agency Social Media site, including, but not limited to, subscribers, postings, comments, and private messages may be considered a public record and may be subject to public disclosure.
   • Agency Social Media sites shall be maintained by designated Agency employee(s) and shall be used for Agency business purposes only. This Social Media Policy governs use of any Agency-administered Social Media site regardless of whether the site(s) is (are) accessed from Agency computers, computers outside the Agency, or mobile devices.
   • Upon the General Manager or his/her designee’s approval, Agency Social Media sites shall bear the name and/or official logo of the Agency and shall link to the Agency’s website. Wherever applicable, Agency Social Media sites shall be classified and registered with the service provider as “Official” and/or governmental entity sites.
   • The Ralph M. Brown Act (“Brown Act”) requires that public agencies deliberate and take action openly. Content and/or comments made by Agency officials via a Social Media site on Agency-related issues within their jurisdiction could be subject to the requirements of the Brown Act. Agency public officials should refrain from discussing, deliberating, or expressing opinions on any Agency-related issue on an Agency Social Media site.  Brown Act issues also have the potential to arise on private Social Media sites.  As such, Agency public officials should also refrain from discussing, deliberating, or expressing opinions on any Agency-related issue on private Social Media sites.
   • The Agency reserves the right to restrict or remove any content that is in violation of any applicable law or the Agency’s Social Media Policy. Any content which is removed will be retained by the Agency for a reasonable period of time under the applicable records retention policy and will include the time, date, and user name (or screen name) of the content originator, when possible.
   • All Social Media sites established and administered by the General Manager or his/her designee will clearly provide that they are sponsored by the Agency. Whenever possible, the Agency’s Social Media sites shall contain links directing users back to the Agency’s official website for in-depth information, forms, documents, online services, and other information necessary to conduct business with the Agency.
   • The General Manager or his/her designee, are responsible for assigning staff to update, respond to inquiries, and keep information current on Social Media sites.
   • The objectives for participating in Social Media sites are to:
     • Disseminate information to our visitors, community and neighboring communities;
     • Demonstrate commitment to outreach and engagement and to monitor issues affecting the Agency; and
     • Build and engage an “online community” of visitors, residents and businesses.
   • All staff time used on Social Media sites shall be for the purposes of conducting Agency business only.
   • Staff shall not express personal views or concerns. Postings shall reflect the view of the Agency.
   • No communications made with the Agency through Social Media sites shall be deemed to constitute public comment or legal notice to the Agency or any of its agencies, officers, employees, agents or representatives where notice to the Agency is required by any federal, state, local laws, rules or regulations. Any comment or notice shall be submitted to the Agency and not through a Social Media site. Information posted to an Agency Social Media site will supplement, and not replace, required notices and standard methods of communication.
   • To ensure compliance with this section and the Policy, the Agency shall post on each Social Media Site that all Agency business shall be conducted through the Agency’s website at https://www.pstramway.com.
   • The Agency reserves the right to terminate any Agency Social Media site at any time without notice.

3. Comment Policy
   • The Agency is committed to serving the online community in a civil and unbiased manner as a limited public forum.
   • The Agency disclaims liability for any direct comments or postings, and reserves the right to remove any direct comments or postings that contain any of the following:
     • Comments in support of or opposition to political campaigns or ballot measures;
     • Profane or obscene language or content;
     • 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;
     • Sexual content or links to sexual content;
     • Solicitations of commerce;
     • Conduct or encouragement of illegal activity;
     • Information that may tend to compromise the safety or security of the public or public systems;
     • Defamatory statements;
     • Content that violates a legal ownership interest, such as a copyright, of another party;
     • Spam; and
     • Threats of violence or injury to any person, property, or organization.
   • Any Agency staff member who finds content on an Agency Social Media site that is potentially inappropriate or inconsistent with this Social Media Policy will notify his or her supervisor, who will consult with the General Manager and/or the Agency’s legal counsel for direction on further handling of the potentially inappropriate or inconsistent content to ensure compliance with the Social Media Policy. The Agency disclaims any and all responsibility and liability for any materials that the Agency deems inappropriate for posting that cannot be removed in an expeditious and otherwise timely manner.

Agency Social Media sites may contain content over which the Agency has no control, including but not limited to, advertisements or hyperlinks.  The Agency does not endorse any hyperlink or advertisement on Agency Social Media sites by the social media site’s owners, vendors, or partners.

• The Agency reserves the right to deny access to an Agency Social Media site to any individual who violates the Agency’s Social Media Policy at any time, and without prior notice. Any removal of a direct third party post or comment or denial of access or “blocking” from an Agency Social Media site shall not be based on the viewpoint of the third party individual or entity who posted content to a Social Media site.

5. Code of Conduct for Agency Employees
   • All employees shall be provided with a copy of this Policy and be directed to familiarize themselves with it.
   • Employees’ use of Agency Social Media sites for official business is governed by this Policy, as well as applicable Agency Rules and Regulations. Disciplinary action, up to and including dismissal, may be imposed for violation of this Policy. If findings warrant, disciplinary action will be initiated in accordance with all relevant sections of the Agency’s Personnel Rules and Regulations.