By JIM BROOKS
Nelson County Gazette / WBRT Radio
Tuesday, May 10, 2016, 11 p.m. — The power of social media was illustrated recently when Facebook helped launch a protest of Bardstown Mayor John Royalty’s restructuring of the city police department.
It has also become a useful avenue for communication between local government and taxpayers, or elected officials with their constituents. For example, the City of Bardstown’s Facebook page has more than 6,500 “likes,” and the city police department, more than 14,500.
But social media’s power to communicate also means that local governments across Kentucky are grappling with how to retain social media communications that are subject to the Kentucky Open Records Act.
State law requires government agencies manage and store complications it prepares, owns, uses, or possesses, “regardless of physical form” — and that not only includes e-mail, but also social media posts, which qualify as a public record and must be retained.
City Clerk Barbie Bryant told the council that guidelines for social media use within city government and by the member of the council in order to meet the open records guidelines.
Social media posts would be retained in the same manner as email, Bryant said, citing guidelines from the Kentucky Department for Libraries and Archives.
The city already has policies regarding email archival and retention in order to meet open records guidelines.
Social media posts that could fall under the Open Records law include blog posts and social media (Facebook, Twitter, Snapchat, etc.) or business networks (like LinkedIn, etc.) and networks that allow sharing of photos, videos or documents (Flickr, YouTube, etc.).
“We’re not small town American anymore,” Mayor John Royalty said. The police and fire departments have already been looking at their internal social media guidelines. “It’s something that been long needed.”
City Attorney Tim Butler noted that the guidelines mean the loss of some freedom, but “that’s the waters in which we swim.”
The use of a personal email or social media account to discuss city business would make that communication subject to an open records request by the media, which means it has to be retained, Butler said.
He suggested keeping that official email accounts, emails regarding city business, and social media related to city business be kept separate from personal email accounts and social media.
Bryant asked the council to review the issue for a possible approval as a municipal order at a future meeting.
In other business, the council:
— approved a bid of $46,707 from First Response Environmental Group for video inspection services of the oldest part of the city sewer system. “It’s clay pipe that was laid about 1930,” he said.
The work is continuation of a project to identify the inflows of water into the system through breaks in the line. The company will clean and televise the line, and identify areas that need repair, according to Public Works Director Larry Hamilton.
— approved a Design Review Board recommendation for a 100 x 180-foot commercial warehouse building proposed for Glenwood Drive by VFM LLC.
— approved a fireworks permit requested by the Buttermilk Days Foundation.
— approved a request to close the usual streets for the Buttermilk Days festival in August.
— approved a five-year tax moratorium for Thai Summit.
— approved a new city tax exemption ordinance for use in recruiting business and industry.
— approved a proclamation designating May as Historic Preservation Month in Bardstown.
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