PURPOSE

The Borough of New Milford (Borough) has a compelling interest in what is presented on behalf of the Borough on social media sites. This policy sets forth guidelines for the creation and use of all social media sites by Borough entities, employees and volunteers that wish to convey or disseminate Borough-related information to its residents, employees and visitors.

DEFINITIONS

“Social media” shall include all social media platforms, defined as a website or internet medium that— (A) permits a person to become a registered user, establish an account, or create a profile for the purpose of allowing users to create, share, and view user-generated content through such an account or profile; (B) enables 1 or more users to generate content that can be viewed by other users of the medium; and (C) primarily serves as a medium for users to interact with content generated by other users of the medium. This includes but is not limited to Facebook, blogs, MySpace, RSS, You Tube, WhatsApp, TikTok, Snapchat, Reddit, Twitter, LinkedIn, Delicious, Flickr, Google Plus, Instagram, Pinterest, websites, discussion blogs and forums, XING, Digg and shall extend to and include all future forms of social media.

“Borough-related information” shall refer to comments, information, articles, pictures, videos, photos and other images. Content on Borough-created social media sites such as The Office of the Mayor Facebook page, Nixle, SwiftReach and reverse 911 may only be posted by duly authorized personnel.

“Borough entity” shall refer to boards, commissions, committees, departments and any other group organized or created by the Borough or reporting to it.

SCOPE

This policy shall apply to all Borough entities and the volunteers and employees who are members of those entities acting in their capacity as members.

The Borough will approach the use of social media tools as consistently as possible, Borough-wide.

The Borough’s social media sites and this Policy are subject to all applicable federal and NJ laws and regulations, as well as applicable record retention requirements.

This policy does not apply to individuals who post as individuals on private and/or personal platforms and not on behalf of the Borough or a Borough entity.

All Borough use of social media is responsible for complying with applicable federal, state, and county laws, regulations, and policies. This includes adherence to established laws and policies regarding copyright, records retention, Freedom of Information Act (FOIA), Open Public Record Act (OPRA), First Amendment, privacy laws, sunshine laws, and information security policies (if applicable) established by the Municipality.

The Borough’s official website shall remain www.newmilfordboro.com, and this shall be the Borough’s primary and predominant internet presence.

GENERAL POLICY

A social medium may be created and/or used by Borough entities so long as its creation and/or use conform to the requirements listed herein.

The creation and use of social media sites by Borough entities are subject to prior approval by the Borough Administrator.

Any Borough entity, employee or volunteer that receives permission from the Borough Administrator to create or use social media shall clearly state that it is authorized to do so by the Borough and that it follows this social media policy. The names, addresses and contact information of any designees, and administrator password must be filed with the Borough Administrator.

Social media shall be used solely to convey information about the entity posting it. No personal information or personal opinions shall be posted by the entity, employee or volunteer.

Any Borough entity creating or using a social medium shall designate a member(s) of that entity to post and monitor the site.

To the extent possible, any Borough entity creating or using a social media platform shall deactivate the “Chat/Comments” function on the site and/or posts. In the event that this is not possible on said social media platform, the comments are subject to the terms and conditions contained herein.

This social media policy shall be posted on the official Borough website.

All social media sites created or used by Borough entities authorized to do so shall have a hyperlink to this social media policy on the Borough website.

Where appropriate, the social media sites created/used by Borough entities shall link back to the official Borough website for forms, documents, online services and other information necessary to conduct business within the Borough.

Borough entities shall not use social media to make any official Borough communications to the public other than those specifically referencing the activities of that entity. Accuracy of information is of vital importance and must be considered a priority when posting.

Borough social media sites are not to be used for making any official communications to the Borough, for example, reporting crimes or misconduct, reporting dangerous conditions, giving notice required by any statute by, ordinance or regulations such as but not limited notices of claim. Prominent notice of this paragraph shall be displayed on every Borough social media site, along with the appropriate contact information for submitting official communications.

The use of social media by Borough entities may be monitored by the Borough Administrator or other individual so designated by the Borough Administrator (and in the case of the New Milford Police Department, the Chief of the Department) to insure adherence to both this social media policy and the interests and goals of the Borough.

The Borough has the right to and will restrict or remove any content that it deems in violation of this social media policy, any applicable law or for any other reason it deems appropriate.

All Borough entities, employees and volunteers creating/using social media sites are subject to all applicable federal and New Jersey laws and regulations as well as applicable record retention requirements.

All Borough entities and their members as well as elected officials representing the Borough’s government via its/their social media sites shall conduct themselves at all times as representatives of the Borough and in accordance with all of its policies.

All postings by Borough entities should be spelled correctly and use good grammar.

Any social media sites created by a Borough employee, Borough volunteer, Borough official and/or Borough entity remains the property of the Borough, including all the followers and friends generated by the site and may be deleted by the Borough if it deems it appropriate to do so.

All site names, passwords and/or access codes or information or changes to these, or to the designees shall be filed with the Borough Administrator and updated within two days of any change.

If the person who created the social media site leaves a Borough entity, the passwords and/or access codes to the site shall be changed and the new information filed with the Borough Administrator within two days of the change.

This social media policy may be revised at any time by approval of the Borough’s Mayor & Council.

COMMENT POLICY

1. All comments, articles and the like posted on social media by Borough entities and their members must be civil and unbiased.

1. The following are prohibited and postings containing any of the following are subject to removal by the Borough.

• Profane, obscene, violent, sexually suggestive or pornographic content and/or language or links to such materials.

• Images or links containing minors or suspected minors in sexual and/or provocative situations. These will be reported to law enforcement.

• Photographs or images of children without permission of their parents or guardians.

• Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, national origin, ancestry, age, marital status, affectional or sexual orientation, gender identity or expression, familial status, nationality, disability, or sex or because of service in the Armed Forces of the United States or the receipt of public assistance.

• Defamatory, racist, and anti-Semitic remarks.

• Threats to any person or organization.

• Solicitation of commerce including, but not limited to, advertising of any business or product for sale with the exception of Borough-sponsored events and/or items.

• Solicitation of political support or political contributions.

• Conduct in violation of any federal, state or local law or ordinance.

• Encouragement of illegal activity.

• Information that may tend to compromise the safety or security of the public or public systems.

• Content that violates a legal ownership interest, such as a copyright or other infringement on intellectual property rights. The Borough does not permit or allow copyright-infringing activities and/or infringement of intellectual property rights on its website or social media sites and will remove any and all content and submissions if properly notified that such content and/or submission infringes on another’s intellectual property rights.

• Private contact information such as names, addresses, phone numbers, email addresses, no matter how easily obtained elsewhere, unless given approval by the organization; personal information of a person other than the poster.

• Personal information about a person without that person’s permission.

• Spamming or repetitive content.

• Comments from children under 13 cannot be posted in order to comply with the Children’s Online Privacy Protection Act. By posting on a Borough Media site, users acknowledge that they are at least 13 years old. Parents are responsible for any minor child’s posting or comments.

1. A comment posted by a member of the public on any entity-created social media site is the opinion of the commenter or poster only and publication of a comment does not imply endorsement of or agreement by the Borough nor do such comments necessarily reflect the opinions or policies of the Borough. Such a comment may be removed, however, if the Borough deems it appropriate to do so.

1. Any attempt to hack or otherwise compromise the Borough’s Internet or social media sites will be reported to law enforcement and the perpetrators will be denied access to the sites.

1. The Borough reserves the right to deny access to any social media sites created/used by Borough entities to any individual who violates the Borough’s social media policy and shall have the right to do so at any time and without prior notice.

1. Borough entities shall monitor the comments on their social media sites for violations of this policy.

1. In the event a Borough employee responds to a comment in his/her capacity as a Borough employee, the employee’s name and title shall be included in the response.

1. No Borough employee or volunteer shall share personal information about him/herself or other Borough employees or volunteers. No Borough entity shall share personal information about any member of the entity.

1. In the event the Borough creates its own Facebook page, all comments posted are bound by Facebook’s Statement of Rights and Responsibilities. The Borough reserves the right to report any violation of Facebook’s Statement of Rights and Responsibilities to Facebook with the intent of Facebook taking appropriate and reasonable responsive action.

1. All Borough policies are applicable to interactions and postings on social media sites when acting in an official capacity and representing the Borough.

BREACH OF POLICY

Internet postings on Borough social media sites that are deemed to constitute a breach of this Policy as determined by the Borough Administrator shall be removed subject to applicable archiving and retention requirements. If a social media site is frequently in violation of this Policy, it shall be permanently deleted.

Any entity found by the Borough Administrator to have violated any aspect of this Policy shall be banned from having a presence on social media for a period of time deemed appropriate by the Borough.

Any Borough employee or volunteer found by the Borough Administrator to have violated any aspect of this Policy shall be banned from having a presence on social media for a period of time deemed appropriate by the Borough.

Any illegal activity shall be reported to the appropriate authorities.

Terms of Use Disclosure:

1. Information Disclaimer. By visiting this site, you understand and agree that the New Milford government site is provided "AS IS." The New Milford government makes every effort to provide accurate and complete information on this website. The information contained herein is not official nor in any way shall it be deemed to constitute legal notice where such legal notice is required by law. The information contained in this site is provided as a service and convenience to people needing information about Borough of New Milford government. Portions of the information on this site may be incorrect or not current. Borough of New Milford government, its officers, employees, or agents shall not be liable for damages or losses of any kind arising out of or in connection with the use or performance of information, including but not limited to, damages or losses caused by reliance upon the accuracy or timeliness of any such information, or damages incurred from the viewing, distributing, or copying of those materials.

1. Links to External Sites. The Borough of New Milford government site contains links to outside websites. These websites are not owned, operated, controlled, or reviewed by the Borough of New Milford government. These links are provided solely as a courtesy and convenience to you, the visitor. The Borough of New Milford government, its officers, or employees, exercise no control over the organizations, views, accuracy, copyright or trademark, compliance or the legality of the material contained in these outside websites. The Borough of New Milford government, its officers, or employees, do not sponsor, endorse, or approve the information, content, proceeds, materials, opinions, or services contained on such outside websites. The visitor proceeds to these outside websites at his/her own risk. The Borough of New Milford government specifically disclaims any and all liability from damages, which may result from the accessing of a third-party site, which is linked to the Borough of New Milford government website or from reliance upon only such information.

1. Endorsement Disclaimer. Reference in this website to any specific commercial products, processes, or services, or the use of any trade firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by Borough of New Milford government or its officers, employees or agents.

1. Copyright and Trademark Limitations. The Borough of New Milford government makes no warranty that materials contained herein are free of copyright or trademark claims or other restrictions or limitations on free use or display. Making a copy of such material may be subject to copyright or trademark laws.

1. Use of Material from this Site. The Borough of New Milford government has made the content of these pages available to the public and anyone may view, copy or distribute Borough of New Milford government information found here without obligation to the Borough of New Milford government for non-commercial, personal use only, unless otherwise stated on particular material or information to which a restriction on free use may apply. The design of this site, original graphics, and original content are all copyrighted by the Borough of New Milford and may not be re-engineered, distributed, modified, transmitted, re-used, reposted, or duplicated without the express written permission of the Borough of New Milford in each instance. All requests to use any part of the original design, code, graphics, or content of this site should be made via e-mail to the Borough Administrator.

1. Unauthorized Modifications. Unauthorized attempts to modify or otherwise alter any information or image stored on any Borough of New Milford government website may result in criminal prosecution.