Loading...
HomeMy WebLinkAbout6060_CCv0001.pdf RESOLUTION NO. 6060 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS ESTABLISHING A POLICY FOR USE OF ELECTRONIC COMMUNICATIONS BE 1T RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS: Section 1. Purpose. The purpose of this Resolution is to establish a policy for the use of electronic communications and provide guidance to City employees ("Employees")regarding the proper and authorized use of the City's Electronic Communication System (including the E-mail System) in accordance with the requirements of the"Public Records Act" as well as the requirements of the City's public records retention policy. This resolution is also intended to maintain the compatibility, integrity and operational effectiveness of the City's Electronic Communication System.. All previous City resolutions or policies regarding the use of Electronic Mail are hereby repealed. Section ?. Definitions. As used in this Resolution: A. "Electronic Communication System" means the system of devices (including hardware, software and other equipment) used by the City for the purpose of facilitating the transmission, receiving and storage of electronic information and Internet access. This shall include the E-Mail System, text pagers, servers, computers, mobile data terminals (MDT), mobile data computers (MDC), personal data assistants (PDA), telephone and data circuits/networks, and all internal or external storage devices and storage media. B. "E-mail"means any writing created by, retrieved by, or sent to, any Employee using the E- mail system, including all information, data and attachments to the communication. C "E-Mail System" means the system of devices (including hardware, software and other equipment) used by the City for the purpose of facilitating the transmission and receiving of correspondence via the City's wide area network(WAN) or the Internet. D. "Employee"shall include any paid employee,volunteer,representative, or agent of the City of Redlands. E. "MIS Personnel" shall include employees recognized, assigned, or designated by the City Manager or his designee to maintain computer assets owned or controlled by the City of Redlands. F. "Public Record" means, as defined by California Government Code section 6252(d), any writing containing information relating to the conduct of the public's business prepared,owned,used or retained by the City regardless of physical form or characteristics. G. "Public Records Act"means California Government Code sections 6250, et. sem. H. "Records Retention Policies"means the City's departmental records retention and disposition policies. 1. "Writing„ means, as defined by California Government Code section 6252(e), any handwriting,typewriting,printing,photostating,photographing and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols,or combination thereof, and all papers, maps,magnetic or paper tapes,photographic films and prints, magnetic or punched cards, discs, drums and other documents. Section 3. Policy. A. The Electronic Communication System, including all E-mails and data are the property of the City. The City has the right,but not a duty,to inspect or audit any and all E-mails or data,at any time,for any lawful purpose,without notice to any Employee.Accordingly,no Employee shall have any expectation of privacy regarding the content of any Electronic Communications. B. The Electronic Communications System shall be used in a professional manner. Employees shall comply with all relevant City and Department regulations. Employees shall prepare E-mails in a lawful,ethical,professional and businesslike manner.Employees shall not transmit E-mails that contain sexually-explicit material; sexist or racist remarks; religious commentary; personal solicitations for money or services; offers to sell personal products,property, or services. The use of the Electronic Communication System is a privilege which may be revoked by the City at any time. C. Occasional and limited personal use of the Electronic Communications System is allowed when the use does not: (1) interfere with the Employee's work performance, (2) interfere with the work performance of any other user, (3) have undue impact on the operation of the Electronic Communications System, or (4) violate any other provisions of this Resolution, any other City policy, or legal requirement. D. Employees shall protect the security of the Electronic Communications System, Employees shall take all reasonable and necessary efforts to: protect the confidentiality of information which is placed in their control or care,minimize the likelihood of inadvertent transmission of confidential information to unintended recipients,prevent unauthorized intruders from accessing the Electronic Communications System,and prevent the introduction or spread of computer viruses.The Electronic Communications System,E-mail system,computers,network components and Internet access shall only be installed, modified and administered by MIS personnel. E. Employees shall clearly identify all writings they know to be confidential by clearly marking "CONFIDENTIAL" in the subject line and on the first line of the document. If confidential information is required to be retained (as described below), it shall be clearly designated as CONFIDENTIAL in the appropriate storage or filing system. F. Determine if information on the E-Mail System is required to be retained. For each E-Mail sent or received,Employees shall determine whether or not there is information on the E-Mail which is required to be retained for the discharge of the Employee's official duties for the City. This determination shall be made using the same criteria which is applied to information sent or received by the Employee using any other means of communication. Employees with any question (as to whether a particular category of information is required to be retained) shall consult with their supervisor. If the supervisor has any doubts, the supervisor shall consult with the City Attorney's office.Categories of information which are typically retained by the City include: (1)required by law to be retained;(2) documentation of notice to a member of the public of an action or position taken, or an action or position to be taken, on behalf of the City; (3) documentation of a City policy, City regulation or official decision made on behalf of the City; or(4) documentation of the transaction of business between the City and another party. G. The E-Mail System is provided by the City to Employees as a convenient and efficient method of rapidly communicating transitory information in an electronic format.The E-Mail System is specifically intended and designed to be a tool for the transmission of information, and shall not be used for the storage of information. H. The E-Mail System shall be subject to automatic purging (that is, deletion) by the City, without any notice to Employees. The purge cycle for E-Mail messages shall be the following; "Inbox" folder 15 days from when opened, "Draft" folder 15 days from last modification date, "Sent" folder 15 days from date sent, "Trash" folder 5 days. Unopened E-Mail messages in the "Inbox"will not be purged. I. Because information on the E-Mail System is automatically purged, the City shall consider every E-Mail to be a preliminary draft (not retained in the ordinary course of business). However, if any information on the E-Mail System is required to be retained for the discharge of an Employee's duties,the information shall be transferred from the employee's E-mail System folder(Inbox,Draft, Sent or Trash) to an appropriate records storage medium. J. No employee shall attempt to disguise the origin or sender of any E-Mail, unless authorized by the Chief of Police for a criminal investigation. K. No Employee shall use encryption on any file or E-mail without prior authorization from the City Manager or his designee. Only City-authorized encryption maybe utilized, All encryption keys must be on file with the City Manager's office prior to utilization. L. No Employee shall access another Employee's E-Mail unless authorized by: (1) the other Employee,or(2)the other Employee's supervisor,or(3)Office of the Chief of Police,or(4)the City Manager. M. Due to the potential for security breaches and computer viruses,users shall exercise extreme caution in opening E-mail with files attached. If the e-mail or attachment is not expected,or does not come from a known source, it should never be opened or executed. Such E-mails and attachments should be deleted or forwarded to MIS personnel. Personnel shall not download executable files or open E-mails with executable files attached without receiving permission from MIS. N. If an Employee receives a request from any person to view or obtain an E-Mail or computer file in accordance with the Public Records Act, the Employee shall contact the Employee's Department Head, as applicable, and the City Attorney's Office. O. Any Employee who discovers potential criminal activity involving the use of the Electronic Communication System shall immediately report the activity to the Employee's supervisor. The supervisor shall immediately report the activity to the Office of the Chief of Police and the Personnel Manager. P. Violation of this Resolution is subject to discipline, as outlined in the City of Redlands Personnel Rules and Regulations. ADOPTED, SIGNED AND APPROVED this 20th day of January, 2004. f Mayo of the City of R dlands ATTEST: City Cler I, Lorrie Poyzer, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was adopted by the City Council at a regular meeting thereof held on the 20th day of January, 2004 by the following vote: AYES: Councilmembers Gil, Gilbreath, George, Harrison, Mayor Peppler NOES: None ABSTAIN: None ABSENT: None t Lot r "Poyzer, J 1, lkrk