City Ethics Rules Now Cover Officials' Online Conduct

The Governmental Processes Committee on Wednesday approved new limits on how city officials conduct themselves online when acting in their official roles.

The board—which consists of Council members Philip Falcone, Jim Perry and Chuck Conder—unanimously voted to revise the city's Code of Ethics to say digital communication must reflect the city's commitment to impartiality, fairness and integrity.

The change also adds a new ban on "digital misconduct" when city leaders are acting in an official capacity, and only in connection with pending city matters within their jurisdiction that are quasi-judicial in nature.

If city officials are found to violate the new rules, they will be subject to censure only.

The proposed changes came from the city's annual review of its ethics rules, which began last year. During that review, the Board of Ethics and the Governmental Processes Committee looked at a set of proposed changes — including new language about digital conduct, as social media has become a central part of public life and local government debate.

Before this change, the city's Code of Ethics already covered misconduct, but the digital conduct language was broader and could have led to stronger discipline. The goal was to set guidelines for city leaders’ online conduct in their official capacity, without violating their First Amendment rights.

Falcone said at the April 1 meeting that he fully supported the changes, adding "I wish we could be a little more stringent, but I recognize, of course, the parameters."

Perry said though the topic can be a "slippery slope," he appreciated the care city staff took in drafting the language—and ultimately supported the changes.

There were no public commenters at the meeting.

The committee's action will send the matter back to the City Council for further consideration.