The City of Redondo Beach can tweet but it can’t have Facebook fans, according to City Attorney Mike Webb.
The Redondo Beach City Council on Tuesday night took Webb’s advice and closed down its Facebook page due to potential liabilities associated with its legal inability to delete posts on the social networking web site, and the potential costs of saving all posts under public records law.
City Manager Bill Workman acknowledged that Facebook has become a communication tool for the federal government and the military. But he said use of the site by municipal government is not yet “mature” until many legal grey areas are worked out.
“Probably waiting a little longer is the best thing,” Workman said.
The city has had a “fan” page for a year and has acquired 586 fans. It has used the site post event notices, photos, and even videos of its Memorial Day ceremonies and police K-9 competition.
Mayor Mike Gin staunchly defended the city’s use of Facebook. He said that the city should “be an open book” and by closing down Facebook it would give the perception that it is hiding something.
“We opened up the spigot,” Gin said. “So to now say we are going to close that down, I think very frankly there are other consequences that can be very adverse. In this age of social media, one thing I’ve learned is either you embrace it, or you don’t.”
Gin launched a Facebook page earlier this year that attracted 3,000 followers and was considered instrumental in keeping the city’s Seaside Lagoon open. He warned that closing the city’s Facebook would be “a big mistake.”
“I just think that is the wrong direction on this thing,” he said. “I think we need to embrace it.”
“My job is to make sure you understand the pitfalls, and you are right, there could be a perception issue,” Webb said. “But my concern can’t be perception issues. My concern has to be are we going to violate the law and put us in a position that is potentially risky.”
Councilman Steve Diels noted that legal thinking often lags behind technology and noted that other governments use Facebook successfully.
“If other levels of government are using it, why wouldn’t we?”
Webb said that the city’s use of Facebook was inevitable. But he noted that several legal areas are of concern – because Facebook is legally considered a public forum, the city cannot legally delete posts. Users could post misinformation or profanity, Webb noted, while a city employee could use the forum to publically criticize a supervisor. It could also create “hostile workplace” issues, he said.
“The history of Redondo shows that we are typically the one that gets sued,” Webb said. “It’s just a question – do you want to be the cutting edge of that? It’s going to be costly and it’s going to create issues and I don’t know if we are prepared to do that.”
Webb told the council that the city’s continued use of Twitter, YouTube, and Nixle should allow it to “remain proactive” in communicating through social networking.
“It’s just right now I think we can get most of the functionality [of social networking] without Facebook,” Webb said.
Webb’s other area of concern was that under the Public Records Act the city would need to save all its Facebook posts, something it has not done thus far. He said doing so could prove expensive.
“If you don’t, you are putting us at risk for violating the Public Records Act,” Webb said.
“What are we going to do with the year’s worth of comments we already have?” Gin asked. “The door is already open.”
Council Bill Brand said that Facebook would likely soon come forward with a way for cities to block posts.
“It seems to me the only thing missing is the city’s ability to cut off the comments…I can’t believe that is far away,” Brand said.
The council voted 5-0 to continue with other social networking but suspend its Facebook operation.
Former councilman John Parsons ambled up to the podium and stood silently working his smart phone before finally looking up at the council.
“I’m just de-friending Mike Webb here,” Parsons said.
