Destin City Council adopts social media policy despite mayor’s opposition

The Destin City Council approved a social media policy on Monday, Aug. 4, that prohibits elected officials and board members from engaging in online discussions about matters that may come before them for action.

• The policy passed 6-1 following debate among council members about balancing legal compliance with public communication. Councilman Kevin Schmidt cast the lone opposing vote.

Mayor Bobby Wagner, who does not vote except in tie situations, strongly opposed the measure.

“I absolutely agree that we need to have a policy in place, but the policy in front of us as recommended doesn’t protect the city,” Wagner said. “I think limiting communication and transparency is the last thing anyone wants in government.”

Resolution 25-15 states that city officials “shall not engage in on-line discussions concerning matters which may foreseeably come before them as a governing board for action.” The policy cites Attorney General Opinion 2009-19, which determined that social media sites are subject to both Sunshine Law and Public Records Act requirements.

City Attorney Kim Kopp explained the legal concerns during the meeting, noting that Florida’s Sunshine Law has not created exceptions for social media platforms.

• “There’s been no exception created for social media yet,” Kopp said, referring to the Sunshine Law. “If one person posts something, that means it’s like a race to post, because once that’s out there, nobody can respond in any way, or it’s a sunshine law violation.”

The policy also addresses quasi-judicial matters, stating that officials should consider that social media comments about such matters “may prejudice their ability to participate in the hearing on the matter, under due process of law.”

Schmidt argued that the policy would harm public engagement with city government.

“From my experience, more awareness and more engagement happens on social media within the city of Destin’s government jurisdiction and decision making, than the people that come into this meeting or talk to us or email us or call us,” he said.

Schmidt made a substitute motion to bring back additional data and examples of other municipal social media policies before implementation. That motion failed 2-5.

Councilwoman Sandy Trammell supported the policy, citing concerns about inadvertent violations. “Having, I just haven’t finished the ethics training myself. It is really scary what can happen inadvertently,” she said.

• Councilman Rodney Braden also backed the policy, expressing concern about potential Sunshine Law violations through social media interactions.

The resolution carries no enforcement penalties. When Schmidt asked Kopp if he could be removed from council for breaking the policy, she responded, “Not under the current resolution, but you guys do have the authority  to set up an ethics code for yourself.” That would need to be done through an ordinance, however.

Wagner announced he would continue using social media despite the policy’s adoption.

“I am going to continue to have my freedom of speech and continue this forward,” Wagner said. “Until you guys bring an ordinance with repercussions, I apologize in advance for going against this.”

View the Resolution