Citing concerns about interference with their individual rights and providing political challengers with an advantage over incumbents come election time, city council is calling for revisions to proposed new rules governing their social media use.
Meeting Tuesday as the committee of the whole, council referred a series of proposed changes to the code of conduct back to staff for potential revisions.
“I just feel like this is such a, really, overreach,” commented Mayor Cam Guthrie, who is an active social media user. “Do you not feel like this is stifling the freedom of expression under the Canadian Charter (of Rights and Freedoms), because I certainly do?”
It would seem the rest of council present on Tuesday agrees with that sentiment, as the referral was unanimously approved by those in attendance.
“It’s pretty clear from the discussion that you’ve got significant concerns about the current (proposed) wording of the code,” acting city clerk Dylan McMahon told the committee. “We’ll bring it back as expeditiously as we can … (we’ll) aim for May.”
Laura Dean of the city’s integrity commissioner’s office, which proposed the rules, disagrees.
“When you have decided to take your office and enter into the public realm in this way, there are different expectations placed upon you by members of the public,” she responded. “This is meant to ensure that there is no undue influence that elected officials have.”
They’re similar to rules put in place for Toronto city council, Dean continued, adding “they are a pioneer in codes of conduct.”
Under the proposed rules, council members would be barred from posting content that promotes or appears to promote third-party interests, including events, products, services or goods.
A similar ban applies to content that promotes or appears to promote any candidate or political party in an election at any level, including party leadership campaigns.
Though council would be allowed to raise awareness about local events and activities as well as federal and provincial government programs, publicizes the member's attendance at a ceremony or event that is otherwise allowed under the code of conduct, and content that illustrates the member’s interactions with constituents and local businesses.
“So I can’t go on any of my social media at all and say, ‘I really think ‘fill in the blank’ would make a great premier?” asked Guthrie.
“The way that this is drafted, no,” Dean responded, prompting a “wow” from Guthrie.
Several council members asked about having to “scrub” many years of posts from their existing social media platforms as a result, leading Dean to suggest complaints about old posts are unlikely.
Similar to other code of conduct issues, compliance would be regulated based on the filing of complaints, which must happen within 60 days of the individual becoming aware of the concerning content (not the date it was posted).
Under the proposed rules, council members seeking re-election would either be required to maintain "separate and distinct” accounts during the campaign period, or a single account with restricted use.
If they choose to use a re-election account, council members aren’t to reference to their title as an incumbent, include city logos in posts or use city-issued devices or other municipal resources.
If opting for the latter, the member must remove any references to the City of Guelph, including logos, titles, email addresses, etc. They must also notify followers/friends the account will be used for re-election purposes and provide an alternative source of information for constituency services.
The same rules would not apply to political challengers during an election, Dean noted, only office-holders.
Coun. Dominique O’Rourke suggested the rules could prove to be problematic for council members who are also small business operators and/or sit on community groups and organizations.
Unlike Toronto city councillors who fill full-time positions, Guelph councillors are considered to work part-time, she noted.
The rules, if ultimately approved by council, would also apply to the volunteer members of the city’s various boards and advisory committees. Coun. Erin Caton noted many of them are subject experts and public advocates.
“How can we expect any marginalized person to want to be a part of our committee or council or any of our volunteer groups if we’re going to restrict their personal freedoms like that?” pondered Caton. “I have some big concerns about marginalized communities.”
Committee of the whole referrals don’t require formal ratification before they become official, so social media use rules won’t return to council for consideration later this month as most committee decisions do.
