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New Policies On Use Of Public And Private Social Media Accounts In Texas
2 Jan, 2018 / 02:10 pm / OMNES News

Source: https://www.mysanantonio.com

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Following a spirited discussion, Schertz City Council decided it will take up again the issue of what elected and appointed officials are allowed to post on social media.

The discussion at city council’s Dec. 12 meeting was supposed to center on whether to place the issue of guidelines or a policy on the use of social media on a future agenda, but the conversation quickly shifted to the subject itself.

“This has actually been discussed as an agenda item twice in the last three months,” said Councilman Scott Larson, who objected to the topic being brought up again. He agreed there had been no specific consensus to set an official city policy on what would be inappropriate to discuss on Facebook or Twitter.

But, he said, there had been an agreement to have the city attorney give a briefing on the legal and ethical ramifications of city officials’ posts as part of a general training program, “although admittedly, some felt that didn’t go far enough.”

Larson suggested council members wait for those facts before acting. “Without the legal team’s presentation, nobody here is qualified to address (the issue),” he said.

Councilman Mark Davis asked for a clarification on exactly what the issue was. Saying he did not favor restricting what anyone could say on their personal social media accounts, Davis noted that, earlier this year, he had asked if there was written guidance on what city staff, elected officials and volunteer commission and board members could post on the city’s official website and other social media platforms.

Personal opinions and commentary written for personal sites had not been included, he added. “I want to make sure that we understand the differences, and that something is not getting lost in the translation here,” Davis said.

Citing First Amendment rights as only a set of legal standards, Councilman David Scagliola said elected officials should “do better than just what is legally right.”

He then made a motion to place consideration of guidelines and official policies on use of social media — for both public or private accounts — of all elected and appointed officials of the city of Schertz on a future agenda. Personal accounts of city employees were not mentioned.

Larson attempted to amend the motion to eliminate consideration of restrictions on personal social media accounts, arguing that it set a dangerous precedent.

“What we have to understand is that the dangers of not being free are much more significant than the dangers of freedom,” he told the council.

“To act as if there is some other person who is not qualified to make their own decisions, but we are qualified to restrict their decisions so they can fit into a box we decided is acceptable, is a completely absurd and outrageous mindset to have,” Larson said. “It’s completely against the American system.”

Larson’s amendment, however, was voted down, four to three, with council members Angelina Kiser, Bert Crawford, Cedric Edwards and Scagliola rejecting the change.

Scagliola’s original motion then passed five to two, with Councilmen Ralph Gutierrez and Larson voting against it.

The issue will be placed on a future agenda, said Mayor Michael Carpenter. “And I look forward to that, personally,” he said. “I think you’ll find quite an interesting revelation with regard to partisan views in that discussion.”

In other actions, the council unanimously approved issuing general obligation refunding bonds for more than $6 million for bonds originally issued in 2008.

Similar to refinancing a home, refunding bonds allow replacement of existing debt at lower interest rates. The 2008 general obligation bonds were originally financed at 4.13 percent, but the best among nine bids received this month would refinance them at 2.12 percent, according to Andrew Friedman, managing director of Dallas-based SAMCO Capital Markets Inc.

Nine bids are probably the most Friedman has ever seen for a financial transaction of this type from a competitive private bid process, he said. “I think that tells a story that (Schertz has) a credit rating and name recognition that probably few other towns enjoy,” he added, “and that has led a large number of bids and the winning bid from First State Bank Texas of Killeen.”

Savings to the city of Schertz will total $668,370, Friedman said, adding closing on the new bonds will be Jan. 4.

City Council also voted unanimously to eliminate permits and collection of fees for local residents’ garage sales. Lisa Wood, city director of planning and community development, said the original ordinance to regulate and issue garage sale permits was approved in 1990. It set inspections, permit costs, signage, number of sales and penalties.

The code compliance office received only three complaints regarding garage sales in nearly five years, Wood added, and annual revenue generated from the city’s $22 permits averages only $11,000.

Currently Live Oak, Universal City, Cibolo, New Braunfels and San Marcos do not charge for garage sale permits, she said. San Antonio charges $16, but permits are available at local H-E-B stores. In Schertz, residents had to appear at city offices to purchase official authorization.

Under the new regulations, residents will still be limited to four sales a year and can place signs only in certain locations for specific periods of time.