HomeMy WebLinkAbout12. Electronic Communications PolicyCITY OF SARATOGA, CALIFORNIA
Administrative Policy
Prepared by: City Manager’s Office Effective Date: March 15, 2010
_______________________________________
Dave Anderson, City Manager
SUBJECT: ELECTRONIC COMMUNICATIONS RESOURCES POLICY
I. PURPOSE 1. The purposes of this Policy are to:
a. Encourage the use of Electronic Communications Resources to share information in support of
the City of Saratoga’s mission of public service and to conduct its business;
b. Establish standards for privacy, confidentiality, and security in electronic communications; c. Ensure that the City of Saratoga’s Electronic Communications Resources are used for purposes
appropriate to the City’s mission; d. Inform Users about and ensure compliance with applicable laws and City policies on electronic communications; and
e. Prevent disruptions to and misuse of City Electronic Communications Resources, services, and activities.
II. SCOPE
1. This Policy applies to: a. All Electronic Communications Resources owned or managed by the City of Saratoga;
b. All Electronic Communications Resources provided by the City through contracts and other
agreements; c. All Users and uses of City Electronic Communications Resources; and
d. All City Electronic Communications Records in the possession of City employees or of other users of Electronic Communications Resources provided by the City of Saratoga.
2. This Policy applies to the contents of electronic communications, and to the electronic attachments
and transactional information associated with such communications. 3. This Policy does not apply to incumbent City Council members and Commissioners. Council members and Commissioners are covered under a separate Electronic Communications Resources
policy. III. DEFINITIONS
1. City’s Electronic Communications Resources - City-owned telecommunications equipment,
transmission devices, electronic video and audio equipment, encoding or decoding equipment, computers and computer time, data processing or storage systems, computer systems, servers,
networks, input/output and connecting devices, and related computer records, programs, software, and documentation that supports electronic communications services. Some examples of City Electronic Communications Resources include, but are not limited to, the Internet, E-mail, voice-
mail, cellular telephones, pagers, personal digital assistants, smartphones, Blackberry devices,
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computers/laptops, telecommunication devices, video and audio equipment, wireless networks, data
systems telecommunication equipment, transmission devices, data processing or storage systems, computer systems, servers, networks, input/output and connecting devices, software, and
documentation that supports communication services.
2. Electronic Communications Records: The contents of electronic communications created, sent,
forwarded, replied to, transmitted, distributed, broadcast, stored, held, copied, downloaded,
displayed, viewed, read, or printed by one or several electronic communications systems or services. This definition of Electronic Communications Records applies equally to attachments to such
records and transactional information associated with such records. 3. Electronic Communications Systems or Services: Any messaging, collaboration, publishing,
broadcast, or distribution system that depends on Electronic Communications Resources to create, send, forward, reply to, transmit, distribute, broadcast, store, hold, copy, download, display, view, read, or print electronic records for purposes of communication across electronic communications
network systems between or among individuals or groups, that is either explicitly denoted as a system for electronic communications or is implicitly used for such purposes.
4. User – An employee or volunteer who uses the City’s Electronic Communications Resources or any others affiliated with the City of Saratoga (including those in program, contract, or license
relationships with the City) and authorized by the City Manager as eligible to use the City of
Saratoga Electronic Communications Resources and services. Employee status is defined by the City’s Personnel Rules and Policies, Article V. Employee Status, Section 3. At-Will Employee;
Section 4. Probationary Employee; Section 5. Regular Employee; Section 6. Full-Time Employee;
Section 7. Part-Time Employee; Section 8. Temporary, Provisional, or Seasonal employee, including unpaid volunteers.
5. E-mail – Electronic text or visual communications and attachments distributed via e-mail, websites,
instant messaging, text messaging, twitter or comparable protocols.
IV. GENERAL POLICIES
1. This policy supersedes and replaces the City of Saratoga “Electronic Mail & Internet Usage Policy”
dated May 23, 2000.
2. This policy applies to all “Users” (including, but not limited to, employees, contractors, volunteers,
and others eligible to use the Electronic Communications Resources as authorized by the City Manager) who are provided access to City of Saratoga Electronic Communications Resources,
except Council members and Commissioners, who are covered under a separate policy. Each
individual user is responsible for the appropriate use of these resources as described in this document.
3. This policy pertains to all City-owned Electronic Communications Resources as defined above.
4. Installing and/or configuring equipment, software and/or programs on City-owned Electronic
Communications Resources or connecting any non-City network or system or wireless device to any City-owned system or network without the prior consent of the Information Technology Division is
prohibited. 5. Electronic Communications Resources must be used in compliance with applicable statutes,
regulations, and City policies including those that require a work environment free from discrimination and harassment. Electronic communications should conform to the same standards of propriety and respect as any other verbal or written communication at the City. Employees are
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expected to use common sense and judgment to avoid any communication which is disrespectful,
offensive or illegal.
6. The City, as the provider of access to its Electronic Communications Resources, reserves the right
to specify how these resources will be used and administered to comply with this policy. It is important to realize that the message content sent from the City’s account reflects upon the City
(positively or negatively) to those who receive the message. Employees may be subject to
disciplinary action, up to and including termination, for using the Electronic Communication Resources in a manner other than for their intended purposes, or in a manner that violates applicable
laws, rules and policies. In addition, potential criminal conduct that is revealed by improper use of City-owned Electronic Communications Resources will be referred to the appropriate law enforcement authorities.
7. Electronic communications to recipients on systems outside of the City pass through systems and networks not managed by the City. The privacy and confidentiality of these messages is, therefore,
not assured. In addition, some delivery methods and networks impose legal restrictions regarding the nature of messages allowed. Users are expected to comply with all such regulations. Employees
and other users of the Electronic Communication Resources may create criminal and civil liability
for themselves and the City by using outside or third party systems in an offensive, defamatory or illegal manner and, in such event, employees and other users may be subject to disciplinary action
up to and including termination.
V. USE POLICIES
1. The City’s Electronic Communications Resources are provided by the City to facilitate the
performance of City work. They are to be used for the purpose of conducting City business and for the delivery of City services, and are not intended for personal use. Each User who wishes to use a
City-owned Electronic Communications Resource must sign an “Authorization for Release of
Information by Electronic Communications Provider and Waiver of Liability” (Attachment).
2. Limited and incidental personal use of the City’s Electronic Communications Resources, such as
phone calls, Internet access and e-mail, is allowed, provided they are used in accordance with the guidelines and restrictions set forth in this policy and such use does not (i) interfere with the City’s
operation of Electronic Communications Resources; (ii) interfere with the User’s employment or
other obligations to the City; (iii) burden the City with noticeable incremental costs; or (iv) interfere with City operations. Incidental means occasional, non-business related use, such as making a brief
phone call, sending a short e-mail or briefly using the Internet to look up information. In addition,
incidental use of the City’s Electronic Communications Resources should clearly indicate that the use is personal. Users of Electronic Communications Resources should not give the impression that
they are representing, giving opinions, or otherwise making statements on behalf of the City unless appropriately authorized to do so. The City is not responsible for any loss or damage incurred by the City as a result of personal use of the City’s Electronic Communications Resources.
3. Resources of any kind for which there is a fee (e.g. ringtones, toll-charged phone calls, fee-based services, 4-1-1 directory assistance), whether accessed via the Internet, e-mail or other
application(s), must not be accessed or downloaded without prior approval from the Department Director and the I.T. Division.
4. The City’s email system is an official communication tool for City business. An official email address is established and assigned by the City to each employee. All City communications sent via
email will be sent to and by this address. City employees must use the official City email, instead of
their private email address (such as yahoo, hotmail etc.) when communicating City business via email.
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5. Users should have no expectation of privacy when using the City’s Electronic Communications
Resources, regardless of whether the systems are used for conducting business and delivering City services or for limited and incidental personal use.
6. All communications transmitted via the City’s Electronic Communications Resources (including, but not limited to, phone, PDA and e-mail systems and Internet activity), whether or not related to
personal or confidential matters, are subject to monitoring, at the City’s discretion. The City
monitors communications transmitted via the City’s Electronic Communications Resources in the ordinary course of business for purposes that include ensuring their reliability and security. The
existence of passwords and “message delete” functions do not restrict or eliminate the City’s ability or right to access electronic communications.
7. The California Public Records Act requires the City to disclose specified public records. In response to such disclosure, it may be necessary to examine Electronic Communications Records, including incidental communications that Users may consider to be personal, to determine whether they are
public records that are subject to disclosure. Additionally, the City may be required to produce information transmitted or stored on its Electronic Communications pursuant to a court order,
subpoena, or statute.
8. Users shall honor all copyright laws, contracts and any local, state and federal laws related to the
use of City Electronic Communications Resources.
VI. PROHIBITED USES
The information sources accessible via the Internet are worldwide and constantly growing in kind and
number. It is not possible for any Internet access provider to fully manage the types of information accessible by its systems and Users, especially with regard to content limitations. Nonetheless, the City
reserves the right to restrict access to any data source, at its sole discretion. These restrictions do not
constitute an implication of approval of other non-restricted sources.
Users are prohibited from employing, at any time and in any manner, the City’s Electronic
Communications Resources for purposes that include, but are not limited to, any activity deemed a violation of any City policy regardless of the medium used. Without exhausting all the possibilities, the
following are examples of inappropriate use of the City’s Electronic Communications Resources:
a. Engaging in unlawful or illegal activities;
b. Making threats or insults or attempted intimidation;
c. Harassing or defaming (slander and/or libel) other individuals or entities; d. Exposing others unwillingly, either through carelessness or intention, to material which is
offensive, obscene or in poor taste. This includes information which could create an intimidating, offensive or hostile work environment. e. Accessing, creating or disseminating obscene or suggestive messages or offensive graphical
images, indecent or obscene material, child pornography or any other material that appeals solely to prurient interest; f. Any use that may, for a reasonable person, create or further a hostile attitude or give offense on
the base of race, color, religion, national origin, citizenship, ancestry, marital status, gender, disability, age, veteran’s status, medical status or sexual orientation. This includes, but is not
limited to, making comments that may demean or offend another’s race, color, religion, national
origin, citizenship, ancestry, disability, medical condition, marital status, gender, sexual orientation, veteran’s status or age;
g. Disseminating religious or political ideas;
h. Distributing chain letters, sending mass mailings, creating unnecessary network traffic or performing acts that are wasteful of computing resources or that unfairly monopolize resources
to the exclusion of others;
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i. Making political endorsements;
j. Sending messages or information which is in conflict with applicable law or City policies, rules or procedures;
k. Communicating confidential City information to unauthorized individuals within or outside of
the City; l. Using Electronic Communications Resources for personal profit, including commercial
solicitation or pursuing the User’s own business interests or those of another organization;
m. Infringing copyright and trademark laws and regulations; n. Misrepresenting the City;
o. Intentionally misrepresenting one’s identity for improper or illegal acts; p. Creating personal home pages; q. Undertaking mischievous behavior resulting in disruption of the work place or otherwise
harmful to the working environment; r. Creating or distributing a computer virus of any kind, regardless of whether any demonstrable harm results;
s. Altering, damaging or deleting any City data, files, or computer software or any action causing the disruption of the City’s electronic communications system or network;
t. Engaging in theft or the use in an unauthorized manner of City-owned software, electronic files
or data, including copying, transfer or reproduction; u. Attempting to access unauthorized data or break into any City or non-City system;
v. Downloading or using any unlicensed commercial software;
w. Downloading or installing software on City computers without the prior authorization of Information Technology staff and/or the Administrative Services Department Director; and/or
x. Engaging in recreational use of the City’s Electronic Communications Resources that interferes
with the ability of the employee or other users to conduct City work. This includes, but is not limited to, downloading or uploading software, games, or shareware. Employees are also
prohibited from downloading and using instant messenger (IM).
VII. E-MAIL
Use of Personal E-Mail:
a. As discussed above, Users shall not use their home or personal business e-mail account(s) or address(es) for any communication pertaining to City business. When using e-mail, Users should
communicate with the public, elected officials, volunteers and staff solely via their designated City
e-mail address. Users shall not commingle e-mail pertaining to City business with e-mail pertaining to their home or personal business.
Privacy: 1. The City has the right to monitor e-mail. E-mail users shall not expect privacy regarding any aspect
of business or personal e-mail correspondence or computer usage. All e-mail messages that are created, received, transferred to or from, or maintained on a City computer system are the property of the City.
2. E-mail communications may be requested under the State of California Public Records Act (PRA) and/or may be used as evidence in legal proceedings or as part of an investigation. The content of e-
mail may be disclosed within or outside of the City without employee permission or knowledge.
3. Works in progress, or drafts, which are not subject to public disclosure, should be clearly marked in
the body of the text as “private/confidential” before being sent.
4. E-mail that contains confidential attorney-client information may not be disclosed to non-City
personnel or to City personnel who do not have a business need to know without authorization of the City Attorney’s Office or the City Manager’s Office, or unless required by law.
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Retention:
1. Each e-mail user is solely responsible for the management of his/her electronic mailbox and its associated folders.
2. E-communications that are intended to be retained in the ordinary course of the City’s business are recognized as official records and must be retained in accordance with the PRA and the City’s
records retention schedule.
3. The City electronically archives e-communications in accordance with the City’s records retention
schedule. E-communications that constitute preliminary drafts, notes, or intra-agency or interagency memoranda that are not retained by the City in the ordinary course of business are not required to be archived and should be deleted prior to regularly scheduled archiving.
4. The City has a duty to preserve all potentially relevant records if a claim is made against the City or if there is a reasonable likelihood that a claim will be made. Should such circumstances exist,
destruction of all potentially relevant records, including e-mail communications, must not occur, even if in accordance with this policy and the City’s records retention schedule.
5. All questions about the application of these procedures should be referred to the City Attorney.
Preventing the Dissemination of Viruses:
1. Users should not open attachments in e-mails from senders unknown to them. Attachments can contain dangerous computer viruses. Anyone suspecting that they have a computer virus should
immediately contact the Information Technology Division for assistance.
Extended Absence from the Office:
1. During periods of extended absence, e-mail users should set up an “out of office” reply. The
message should state the specific dates the user will be away from the office and an alternate staff member to contact during the period of absence.
VIII. INTERNET USAGE 1. Using the Internet to facilitate job performance is encouraged.
2. Incidental personal Internet use is permitted only when conducted in a manner that does not interfere with the duties of the computer user or City operations. However, excessive browsing,
downloading program files, playing games, posting messages on bulletin boards or participating in
chat rooms, except for City business purposes, is prohibited.
3. Computer users are not to access Internet sites that attempt to circumvent or violate the law. Examples of such unlawful usage include the viewing and/or distribution of pornography, particularly as it relates to minors, participation in gambling operations, and downloading and
distribution of copyrighted materials without permission. 4. To ensure that everyone is capable of utilizing the Internet at productive speeds, Users are not
allowed to access any “streaming” (i.e. continuously being downloaded while viewing) audio and/or video content. The exception to this policy is viewing of live or archived City Council meetings.
IX. PHONE USAGE 1. Using City-owned landline and/or cellular phones and Personal Digital Assistant (PDA) devices to facilitate job performance is encouraged.
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2. Personal use of City-owned phones and PDAs is to be maintained at a reasonable level – it can’t
interfere with the employee’s job performance and it must be in compliance with laws regulating use of mobile devices.
3. City-owned cellular phones and PDAs are issued to employees who: a. Have a high volume of business-related calls;
b. May work in the field and/or in remote locations;
c. Serve on standby and/or call-out duty; d. Need a mobile telecommunications device for safety and/or emergency response requirements;
e. May need to be contacted after work hours for City-related business. 4. Department Directors are responsible for determining and recommending to the City Manager or
his/her designee, who in their Department should be issued a City-owned cellular phone or PDA. The City Manager or his/her designee must approve issuance of all City-owned cellular phones and PDAs.
5. Pursuant to State law and Article XVIII, Section 3. Vehicle Safety of the City of Saratoga Personnel
Rules and Policies, cellular phone and PDA devices must be used with hands-free devices while
operating a City-owned vehicle or personal vehicle used for City-related business.
6. The City does not have a method of complying with State Records Retention requirements for text
messages. Therefore, Users may not employ City-owned cellular phones or PDAs to send text messages that serve as electronic communications about City business. The City does not provide
for text messaging as part of the service package for City-owned cellular phones and PDAs. Text
messaging services will be disabled if they require an additional service charge.
7. Employees are prohibited from using City-owned cellular phone or PDAs to access directory
assistance (4-1-1), 1-900 or other toll/fee-based services. Any charges resulting from the use of these services will be borne by the employee.
X. SECURITY 1. Users should not attempt to gain access to the electronic information resources of other Users or of
the City except as authorized by this policy, the other User, or management staff.
2. Data encryption may be used only when necessary for the purpose of securing information, and for
reasons of confidentiality. Prior to encrypting any information, the User must:
a. Obtain prior authorization from their supervisor;
b. Discuss the need for encryption with the Information Technology Division; and c. Provide the encryption keys to the Information Technology Division.
3. The unauthorized disclosure of a User’s network account and/or e-mail password, or otherwise making the account available to others is prohibited.
XI. OVERTIME – PRIOR APPROVAL REQUIRED
1. The Fair Labor Standards Act (FLSA) requires that the City pay each employee who is entitled to receive FLSA overtime for all hours worked. This provision does not apply to employees who are
exempt from FLSA overtime because of the executive, administrative or professional nature of their
job duties.
2. All employees who are eligible for overtime (i.e., all non-exempt employees) must receive prior approval before engaging in activities that will result in overtime. In particular:
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a. No time spent in any activity on the City’s Electronic Communications Resources for the benefit of the City may be done outside of an employee’s scheduled work hours without
advanced approval from the employee’s immediate supervisor. Emergencies may arise that call
for an exception to this rule. In emergencies, the employee may perform the work, but must notify a supervisor as soon as possible, and in no event later than the end of that day. If the
employee’s supervisor denies the request to work overtime, the employee must obey the
supervisor’s directive and cease working overtime.
b. All time spent outside of the employee’s scheduled hours on the City’s Electronic Communications Resources for the benefit of the City must be reported on official City forms so that the City may pay the employee for that work. Employees may never choose to work and
not request compensation. All legitimate overtime will be compensated. c. Employees are required to record all work time on official City records and to only work
overtime with prior approval. Failure to follow the City’s overtime approval procedures will result in being paid for all legitimate work time, and being subject to disciplinary action, up to
and including termination for violating the overtime approval procedures.
XII. REFERENCES
1. City of Saratoga Electronic Mail & Internet Usage Policy, dated May 23, 2000
2. City of Saratoga Personnel Rules and Policies, Article XVIII Use of City Property and Equipment XIII. ATTACHMENT
1. Authorization for Release of Information by Electronic Communications Service Provider and
Waiver of Liability
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Attachment
Authorization for Release of Information by Electronic Communications Service Provider and Waiver of Liability
I, _______________________________, understand and acknowledge that the City of Saratoga (“City”)
provides me with access to Electronic Communications Resources to facilitate the performance of City work. I
may use these resources for incidental personal purposes provided that such use does not burden the City with
incremental costs or interferes with the City’s operations and my employment or other obligations to the City.
However, the City’s Electronic Communications Resources are the property of the City and are not confidential.
I have no expectation of privacy when using the City’s Electronic Communications Resources and acknowledge
that the City has the right to retrieve and make proper and lawful use of all electronic communications and data
contained in and transmitted through the City’s network and through outside providers of wireless or electronic
communications services.
Accordingly, I hereby authorize any Electronic Communications Service to release to the City any information
the City may request relating to electronic communications and/or any other form of instant or delayed
messaging sent and/or received by me on any Electronic Communications Resource maintained by the City that
delivers or receives electronic communications including, but not limited to, cellular telephones, pagers,
personal digital assistants, smartphones, Blackberry devices, computers/laptops, telecommunications devices,
video and audio equipment, voicemail, wireless networks and data systems. “Electronic Communication
Service” means any service which provides to users thereof the ability to send or receive wire or electronic
communications.
I hereby release, discharge and hold harmless the City and the person, firm, company, corporation or other third
party to whom this Authorization is directed, including their agents, representatives and employees, from any
and all liability of every nature and kind arising out of their providing the information, records and other matters
authorized above pursuant to this Authorization.
A photocopy of this Authorization and Release shall be accepted with the same validity as the original.
_______________________________ Signature of Employee
_______________________________
Print Full Name of Employee
_______________________________
Date
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