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Computer Electronic Communication Policy Section Name: Employee Relations Effective Date: October 7, 2003 Section Number: 400 Revised: September 21, 2009 and Policy Number: 007 May ____, 2012 Page: 1 of 6 Subject: Computer/Electronic Communications/Voice Mail 1. Purpose: The purpose of this policy is to establish boundaries to govern the use of the information systems (including but not limited to the computers, cellular devices, PDAs, servers, Internet access, network infrastructure, and storage devices, e.g. CD ROM’s, DVD’s, and USB’s), electronic communications and voice mail systems in conducting the day-to-day business of the City. 2. Statement of Policy: 2.1 Permissible Use. The City’s Systems are provided to users to conduct City business. City’s Systems are to be used for work related purposes. Users shall comply with all policies, rules and regulations of the City. De minimis personal use is permitted, subject to the policies, rules and regulations of the City and the individual department in which the user works. Abuse of this privilege may result in suspension or termination of all access to or use of the City’s Systems at the City’s sole discretion. It may also result in disciplinary action, up to and including termination of employment, at the discretion of the City. 2.2 Monitoring and Access. Subject to the requirements and limitations of applicable law and the provisions of this policy as herein provided, the City reserves and intends to exercise the right, at its sole discretion, to access, read, monitor, disclose, and use the City’s Systems and the contents of the communications, information, or data sent or received over the City’s Systems, including, but not limited to, electronic communications deleted by the user that are retrievable from the City’s Systems or a receiving or sending e-mail system. Electronic communications, information, and data should be treated as confidential by all users and accessed only by the intended recipient or when authorized in advance by the intended recipient, or as provided below: Except as otherwise expressly permitted in this policy, no user or other person (including a member of the County's Information Technology Department) shall access the electronic information of any City employee (other than the City Manager or designee), unless advance written approval of the City Manager or designee is obtained. In 2 the case of the City Manager, advance written approval of the Mayor shall be required. Approvals provided pursuant to this policy shall be for a maximum of seven (7) calendar days or as specified in the writing approving said access, whichever is lesser. Periods exceeding seven (7) calendar days shall require a new authorization, which authorization shall also not exceed seven (7) calendar days. 2.3 Access Information and Passcodes. All individual pass codes to the City’s Systems must be provided to the County of Monroe's Director of Information Technology upon request. 2.4 Confidentiality. Users should be aware that e-mail messages composed or received through the use of the City’s Systems may, depending on their content, be subject to Freedom of Information Act requests and other disclosure. Users do not have a personal privacy right in electronic communications, voice mail, or any other part of the City’s Systems, and therefore should have no expectation of privacy or confidentiality. Users must therefore exercise special care in all electronic and/or voice mail communications, and use of the City’s Systems. 2.5 Prohibited Uses. Certain uses of the City’s Systems are not allowed. Except where otherwise expressly permitted by this policy, or as may be required for the discharge of appropriate law enforcement functions under applicable state, federal or local law, the following uses are prohibited: 1. Reading, accessing, using, copying or transmitting electronic content (including but not limited to e-mail, instant messaging, blogs, RSS feeds, etc.), or otherwise using the City’s Systems, for any purpose which violates federal, state, or local laws. 2. Misrepresenting one’s identity to compose or intercept messages. 3. Revealing access information, internal Internet Protocol (IP) address(es) or password(s) to another person, unless approved by the County's Director of the Information Technology Department, in writing. 4. Using City’s Systems for commercial purposes other than City business. 5. Reading, accessing, using, copying or transmitting electronic offensive or malicious messages, which include, but are not limited to, messages containing profanity, sexually explicit content, race, national origin or gender specific comments, threats or harassment. 6. Using City’s Systems for religious, union or political purposes. 7. Using the City’s Systems system for gambling, betting pools or investment clubs. 3 8. Loading software (including but not limited to software containing games, screen savers, development tools, shareware, freeware, commercial programs, Internet downloads, upgrades or files) on the City’s Systems without approval of the County's Information Technology Department and the user’s supervisor. 9. Loading/installing data storage mediums (including but not limited to disks, diskettes, memory-based devices, etc.) containing data or program components before such mediums have been virus scanned by the County's Information Technology Department or designee. 10. Adding to or removing equipment from any City electronic device without approval from the user’s supervisor and the County's Information Technology Department. 11. Downloading files from Internet locations (including but not limited to World Wide Web, FTP On Demand, Wiki and telnet sites) without the approval of the Director of Information Technology and virus scanning by the County's Information Technology Department. 12. Personal use of City cellular or mobile phones other than on a de minimis basis is strictly prohibited. 2.6 Violation of Policy. User’s who misuse the City’s Systems, or knowingly allow others to do so, are subject to disciplinary action, up to and including termination of employment and/or possible legal action at the discretion of the City. Furthermore, the City of Monroe reserves the right to suspend or terminate any person’s use and/or access to City’s Systems at its sole discretion. 2.7 User Acknowledgment/Agreement. All users shall execute a copy of the attached “Acknowledgment of the City of Monroe's Computer/Electronic Communications and Voice Mail Policy,” a copy of which shall be placed in each person’s official personnel file. All employees of the County's Information Technology Department shall, as a condition of employment, also execute the “Agreement Regarding Access And Dissemination Of Electronic Information,” a copy of which shall be placed in each person’s official personnel file. 3. Definitions: The term “user” and “users” as used in this document shall refer to all persons who are permitted to use the City’s information systems, electronic communications and voice mail systems. “City’s Systems” shall be defined as the City’s information systems (including, but not limited to, the computers, cellular devices, PDAs, servers, Internet access, network infrastructure, and storage devices, e.g. CD ROM’s, DVD’s, and USB’s), electronic communications and voice mail systems. 4 4. Applications: This policy shall apply to all employees and appointed officials of the City of Monroe. 5. Responsibility: The City Manager and/or his designee shall be responsible for implementing and overseeing this policy. 6. Administrative Procedures: None. 7. Legislative History of Authority for Creation or Revision: Adopted pursuant to action of the Monroe City Council, dated October 7, 2003. Revised pursuant to action of the Monroe City Council, dated September 21, 2009. 5 ACKNOWLEDGMENT OF THE CITY OF MONROE'S COMPUTER/ELECTRONIC COMMUNICATIONS AND VOICE MAIL POLICY I understand that the City’s information systems (including but not limited to the computers, cellular devices, PDAs, servers, Internet access, network infrastructure), electronic communications and voice mail systems (collectively referred to as “the City’s Systems”) are the City’s property and are to be used for the City’s business. I also understand that personal use of the City’s Systems (other than as permitted by City policy) is strictly prohibited. I further understand that misuse of the City’s Systems, or knowingly allowing others to do so, may result in the suspension or termination of my use and/or access to the City’s Systems, and may result in disciplinary action, up to and including my discharge, and/or possible legal action. I understand that the City reserves the right to access, monitor, review, use, and disclose information obtained through the City’s Systems at any time, with or without advance notice to me and with or without my consent. I agree to abide by the terms of the City’s Computer/Electronic Communications and Voice Mail Policy, a copy of which has been provided to me. I confirm that I have read this acknowledgment and have had an opportunity to ask questions about it. Name (Printed) Signature _______________________________________ Date 6 AGREEMENT REGARDING ACCESS AND DISSEMINATION OF ELECTRONIC INFORMATION This AGREEMENT REGARDING ACCESS AND DISSEMINATION OF ELECTRONIC INFORMATION (the “Agreement”) is made between the City of Monroe (the “City”) and the undersigned employee. In consideration of my employment with the County, I hereby agree as follows: 1. For purposes of this agreement, “the City’s Systems” shall be defined as the City’s information systems (including but not limited to the computers, cellular devices, PDAs, servers, Internet access, network infrastructure, and storage devices, e.g. CD ROM’s, DVD’s and USB’s), electronic communications and voice mail systems. “Electronic Information” shall be defined as all electronic communications content including voice mail. 2. As a member of the County's Information Technology Department, I understand and agree that I owe a special duty to the City to preserve the confidentiality of the City’s electronic information. Accordingly, I agree not to access the electronic information of any user of the City’s Systems for any purpose not directly related to and necessary for the performance of the duties of my position with the City. I further agree not to read, copy, disseminate, discuss or otherwise disclose (including but not limited to permitting others to access, read, copy, disseminate, or otherwise disclose) the contents of any user’s electronic information except as required by the functional duties of my position or by law. Should the duties of my position necessitate that I, or others under my direction access such information I will do so (or permit others to do so) only when authorized in writing and in advance by the intended recipient, or as provided below. 2.1 I understand and agree that if the duties of my position require me to access or permit another person to access the electronic information of any City employee (other than the City Manager or designee), I must first obtain the advance written approval of the City Manager. In the case of the City Manager, advance written approval of the Mayor shall be required. I understand that the foregoing approvals shall be for a maximum of seven (7) calendar days or as specified in the writing approving said access, whichever is lesser. Periods exceeding seven (7) calendar days shall require a new authorization, which authorization shall also not exceed seven (7) calendar days. 3. I understand and agree that any violation of this Agreement may result in disciplinary action, up to and including discharge, and/or possible legal action. ___________________________________ _____________________ Name of Employee Date ___________________________________ _____________________ George A. Brown Date City Manager