Am I Speaking for Myself or the District?
Directors should be aware their communications may involve official speech, personal speech, or both. Thus, Directors should consult their District’s legal counsel for fact- specific guidance regarding Director communications, preservation and retention of same, and best practices regarding any personal commentary by Directors regarding such communications.
While certain requirements can limit official speech, private speech is always protected by citizens Texas and Federal constitutional rights. Yet how can Directors tell the difference?
Recommendations:
Government Records:
If you are writing or posting on behalf of the district, you should save a record of your post in order to comply with the Texas Public Information Act. Please see the social media and website companion hand- outs for important information.
Disclaimer Use:
When speaking in your personal capacity on issues relating to your District, you should include a disclaimer in your communications. Otherwise, recipients may assume that you are speaking in your official capacity as a Director. An example disclaimer is below:
This [post/statement/ article] reflects my own personal views and does not necessarily represent the views or official position of [Insert District].
Beware of Walking Quorums:
A walking quorum occurs when a majority of Directors (generally three or more) are engaged in a discussion about District business, even at different times, like in a series of phone calls or text threads. When a quorum of the board discusses district business, it requires notice of a public meeting (even during a “walking quorum”). Walking quorums violate the law and should be carefully avoided.
Communications Director:
A District’s Board may appoint one or two Directors to serve as the District’s official “communications” liaison. ABHR recommends this approach. Why?
- One trained point of contact for the District for official communications;
- The ability to engage in real time with prior authorization from the District; and
- The ability to alleviate concerns about accidental walking quorums.
Directors should consult with their District’s legal counsel to ensure compliance with open meetings requirements, records retention, and other obligations.
How to Effectively Use District Websites
District websites provide the public with accessible, trusted platforms to share ongoing information and critical updates about the District, but websites can also highlight the positive impacts that the District is making on residents’ lives. Websites can play a key role in demonstrating District success.
Recommendations:
Link to AWBD Content:
Directors should consider allowing District websites to link to AWBD’s content on the benefits that special districts confer to Texans. As with any other outside links, this content is subject to Districts’ ongoing anti- fraud duties under federal securities laws. Districts may consider including disclaimers on their websites noting that they do not control external sites.
Highlight District Point- Person:
If Districts have designated a Director or employee to engage with the public about District benefits and services, District websites should provide that person’s contact information to facilitate engagement.
Commit to Transparency:
To facilitate public trust in District communications, Districts should make sure to distinguish between District- generated content and external resources.
Ensure Accessibility:
District websites are subject to accessibility rules under the Americans with Disabilities Act- with new rules going into effect in 2028. Districts should work with their website designers to ensure compliance by the deadline, including linking to or hosting AWBD materials.
Beware of Walking Quorums:
A walking quorum occurs when a majority of Directors (generally three or more) are engaged in a discussion about District business, even at different times, like in a series of public comments on a District website. When a quorum of the board discusses district business, it requires notice of a public meeting (even during a “walking quorum”). Walking quorums violate the law and should be carefully avoided. Please consult with your District’s legal counsel before allowing public comments on District websites, as such comments may trigger long- term retention obligations for Districts.
Do Not Delete Public Records:
Districts should take care to properly screenshot, cache, or otherwise save appropriate District materials posted or linked on District websites, ensuring compliance with document retention obligations under Texas law. Online message boards pose special hurdles to Districts’ document retention duties. Under Texas law, messages must remain posted for longer than 30 days, and even when the post is deleted or removed after those 30 days, it must be retained and archived in accordance with the District’s record retention obligations. Districts may not block or mute message board participants, and Districts must save all message board discussions of District business. Directors should consult with their District’s legal counsel to ensure compliance with records retention and other obligations.
Avoid Political Advocacy:
As political subdivisions of the state of Texas, special districts may not use District resources to distribute political advertising in connection with an election. Districts must take care to refrain from engaging in political advocacy – of a candidate, policy, or position – on their websites, and ensure that the district websites do not link to external resources containing the same.
Directors should consult with their District’s legal counsel to ensure compliance with open meetings requirements, records retention, and other obligations.
How to Effectively Use Social Media
Social media, including Facebook, LinkedIn, X (formerly Twitter), Instagram, Threads and others, offers an accessible, inexpensive medium for Districts to communicate directly with the public. When used properly, social media can be a powerful tool to keep residents informed, encourage engagement, and educate residents on all the ways special districts impact their lives.
Recommendations:
Official District Accounts:
Districts should create separate district accounts for social media and appoint one Director to serve as their official “communications” director. ABHR recommends this approach. Why?
- One trained point of contact for the District for official communications;
- The ability to engage in real time with prior authorization from the District; and
- The ability to avoid inadvertently creating public documents; and
- The ability to alleviate concerns about accidental walking quorums.
Government Records:
If you are speaking on behalf of the District, you must save government records. To keep things simple, only discuss District business on separate District social media accounts created for the District communications.
- Direct all constituent concerns or comments to the official account.
- Keep records of all posts on the communication director accounts.
- Do not delete comments or posts, and do not block or “mute” any residents on district accounts.
Beware of Walking Quorums:
A walking quorum occurs when a majority of Directors (generally three or more) are engaged in a discussion about District business, even at different times, like in a series of public comments on a social media post. When a quorum of the board discusses district business, it requires notice of a public meeting (even during a “walking quorum”). Walking quorums violate the law and should be carefully avoided. ABHR recommends that Districts allow a District- appointed communications director to handle all social media discourse to avoid discussing district business outside of officially noticed meetings.
Do Not Delete Public Records:
Districts should take care to properly screenshot, cache, or otherwise save appropriate district materials posted to – or replying to – District social media accounts, ensuring compliance with document retention obligations under Texas law. Social media activity on personal social media accounts could also create document retention obligations if directors are discussing District business, so ABHR recommends against discussing District business on personal accounts. Instead, redirect constituents to the official district social media pages.
Do Not Violate Free Speech Rights:
Districts should take care to uphold rights to free speech. Exercise caution and discuss with legal counsel before blocking, muting, or otherwise deleting comments on official District social media accounts. These issues can also arise if directors are discussing District business on personal social media accounts, which is another reason to redirect all District business to the official District social media accounts.
Directors should consult with their District’s legal counsel to ensure compliance with open meetings requirements, records retention, and other obligations.