HomeMy WebLinkAboutOrdinance 1234 - Technology and Electronic Communications PolicyCE
ORDINANCE NO. 124 z _ ��_......__.....
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING CHAPTER 2.52 OF THE PALM
DESERT MUNICIPAL CODE BY DELETING SECTION 2.52.555,
ELECTRONIC MAIL/INTERNET POLICY AND REPLACING IT WITH
SECTION 2.52.555, TECHNOLOGY AND ELECTRONIC
COMMUNICATIONS POLICY.
WHEREAS, the City of Palm Desert has established a personnel system in
section 2.52 of its municipal code; and
WHEREAS, the City of Palm Desert met and consulted in good faith with the
Palm Desert Employees Organization (PDEO) in accordance .with the Meyers-Milias-
Brown Act and the City employer - employee relations Resolution No. 81-89; and
WHEREAS, the City of Palm Desert has reached agreement with the employees
represented by the Palm Desert Employees Organization, for the period June 30, 2011,
through June 30, 2014; and
WHEREAS, the modification to Section 2.52.555 does not change the
MOU/Agreement previously entered in between the Palm Desert Employees
Organization and the City of Palm Desert and both parties have reached agreement on
the modification; and
CITY COUNCILAC�'ION
APPROVED ✓✓ DENTED
RECEIVED OTHER
IN/I r ':TAVESDATE
VG
�� [' N T:
oil Fi4e "'ith ci(y cierk's Office
ORDINANCE NO. 1234
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. That Section 2.52.555, of the Code of the City of Palm Desert,
California, be deleted in its entirety; and
Section 2. That Section 2.52.555, is hereby added to the Code of the City of
Palm Desert, California, as follows:
Section 2.52.555 Technology Usage and Electronic Communications Policy
The City of Palm Desert encourages the use of Electronic Communications Resources
to share information in support of its mission of public service and to conduct its
business. This policy governs all Electronic Communications Resources including, but
not limited to, the Internet, e-mail, voice -mail, listserves, boards, cellular telephones,
pagers, personal digital assistants, smartphones, Blackberry devices,
computers/laptops, telecommunications devices, video and audio equipment, wireless
networks, data systems, telecommunications equipment, transmission devices, data
processing or storage systems, computer systems, servers, networks, input/output and
connecting devices, software, and documentation that supports electronic
communications services ("Electronic Communications Resources").
A. Electronic Communications. The City's e-mail system is an official
communication tool for City business. An official e-mail address is established and
assigned by the City to each employee. All City communications sent via e-mail will be
sent to this address. City employees must use the official City e-mail, instead of their
private e-mail address (such as yahoo, hotmail, etc.) or text messaging when
communicating City business via email so records can be properly managed.
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 expected to use common sense and
judgment to avoid any communication which is disrespectful, offensive or illegal.
Revised: February 28, 2012 Page 2 of 11
ORDINANCE NO. 1234
The City, as the provider of access to its Electronic Communications Resources,
reserves the right to specify how those 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 actions for using the Electronic
Communications Resources in a manner other than for their intended purposes or in a
manner that violates applicable laws, rules and policies.
Electronic communications to recipients on systems outside 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 Communications 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 including termination.
The City's technical resources are provided for the benefit of the City and its residents
or customers, visitors, vendors, and suppliers. These resources are to be used while
conducting city business. They are to be reviewed, monitored, and used only in that
regard, except as otherwise provided in this policy.
Access to networks and computer systems owned by the City imposes certain
responsibilities and obligations on City employees and is granted subject to City
policies. Appropriate use should always be legal, ethical, reflect honesty, reflect
community standards, and show restraint in the consumption of shared resources.
There is finite amount of bandwidth available at City Hall and high usage activities such
as viewing videos, listening to audios, etc. limits the bandwidth available to others.
B. Incidental Personal Use. Electronic Communication Resources are provided by
the City to facilitate the performance of City work. Incidental personal use is secondary,
and should 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, or
(iii) burden the City with noticeable incremental costs. Incidental use of the City's
Electronic Communications Resources should clearly indicate that the use is personal.
Users of Electronic Communications Resources shall not give the impression that they
are representing, giving opinions, or otherwise making statement on behalf of the City
unless appropriately authorized to do so. The City is not responsible for any loss or
damage incurred by an individual as a result of personal use of the City's Electronic
Communications Resources.
C. Privacy Limits. The California Public Records Act requires the City to disclose
specified public records. In response to requests for such disclosure, it may be
Revised: February 28, 2012 Page 3 of 11
ORDINANCE NO. 1234
necessary to examine electronic communications records that users may consider to be
personal to determine whether they are public records that are subject to disclosure.
All communications transmitted via the City's Electronic Communications Resources,
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.
Employees should not communicate their private, privileged, or confidential information,
including but not limited to personal attorney client communications, financial or medical
information and other privileged information, via the City's Electronic Communications
Resources. Employees who do communicate their private, privileged or confidential
information via the City's Electronic Communications Resources will be deemed to have
waived any privilege or privacy rights in those communications, even where those
communications are made via personal password -protected accounts using the City's
Electronic Communications Resources.
Employees should keep in mind that when they are using the City's computers, they are
creating City documents using a City asset. The City's computer, E-mail, or telephone
systems, and the data stored in them are to remain properties of the City. As a result,
computer data, messages, E-mail messages, and other data are readily available to
numerous persons. Work transmitted on the computer system and other technical
resources may be subject to investigation, search, and review by others per this policy.
All information, including E-mail messages and files, created, sent or retrieved over the
City's technical resources is the property of the City, and should not be considered
private or confidential. Employees should be aware that any electronically stored
information created, sent, or received from others may be retrieved and reviewed when
doing so serves the legitimate business interests and obligations of the City. Even
when a file or message is erased or a visit to an internet/web site is closed, it is still
possible to recreate the message or locate the web site.
The City reserves the right to monitor use of its technical resources at anytime. All
information, including text and images may be disclosed to law enforcement or to other
third parties without prior consent of the sender or the receiver.
Additionally, the City may be required to produce information transmitted or stored on its
Electronic Communications Resources pursuant to a court order, subpoena, or statute.
D. Restrictions. The information sources accessible via the Internet are worldwide
and constantly growing in kind and number. It is not possible for any internet access
Revised: February 28, 2012 Page 4 of 11
ORDINANCE NO. 1234
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.
Without exhausting all the possibilities, the following are examples of inappropriate use
of the City's Electronic Communications Resources:
1) Exposing others unwillingly, either through carelessness or intentions, to
material which is offensive, obscene or in poor taste. This includes
information which could create an intimidating, offensive or hostile work
environment.
2) Any use that may, for a reasonable person, create or further a hostile attitude
or give offense on the basis of race, color, religion, national origin, citizenship,
ancestry, marital status, gender, disability, age, veteran's status or sexual
orientation.
3) Communicating confidential City information to unauthorized individuals within
or outside of the City.
4) Sending messages or information which is in conflict with applicable laws or
City policies, rules or procedures.
5) Attempting to access unauthorized data or break into any City or non -City
system.
6) Engaging in theft or the unauthorized copying of electronic files or data.
7) Performing acts that are wasteful of computer resources or that unfairly
monopolize resources to the exclusion of others is prohibited. These acts
include, but are not limited to; sending mass mailings or chain letters and
creating unnecessary network traffic.
8) Intentionally misrepresenting one's identity.
9) Engaging in unlawful activities.
10) Engaging in commercial activity or activity for financial gain, not under the
auspices of the City.
11) Engaging in political activities.
Revised: February 28, 2012 Page 5 of 11
ORDINANCE NO. 1234
12) 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).
13) Accessing the electronic communications resources with another employee's
password.
14) Unauthorized review, duplication, dissemination, removal, installation,
damaging, or alteration of files, passwords, computer systems or programs,
or other property of the City, or use of information obtained by unauthorized
means, is prohibited.
15) Use by the City Council, advisory board members, or staff that would violate
the Brown Act.
E. Overtime — Prior Approval Required. 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.
1) No time spent in any activity on the City's Electronic Communications Resources
for the benefit of the City may be done outside of employee's scheduled work
hours without advance 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.
2) 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.
3) Employees are required to record all work time on official City records and to
work overtime with 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.
Revised: February 28, 2012 Page 6 of 11
ORDINANCE NO. 1234
F. Retention Period for e-mails. All a -mails on the City's Electronic
Communication Resources will be automatically saved for three (3) years. After
this three (3) year period expires, the messages will be stored on DVD, or similar
electronic data storage device, for an additional two (2) years. After this two (2)
year period, all messages will be permanently deleted.
Individuals are responsible for ensuring that all pertinent e-mail files are properly
managed, just as other paper mail. The e-mail system, or any electronic
communication resource, should not be considered long-term storage for project
files.
G. Software Policies. Employees are prohibited from installing software on any
City technical resource without the express prior written permission from the IS
Department. Employees may not copy software from the City for personal use.
H. Copyrighted Materials
Employees should not copy and distribute copyrighted material (e.g., software,
database files, documentation, articles, graphics files, and downloaded
information) through the e-mail system unless they have confirmed in advance
from appropriate sources that the City has the right to copy or distribute the
material.
Transmitting any materials in violation of any federal, state, or local laws,
ordinances or regulations is prohibited; failure to observe a copyright may result
in disciplinary action by the City and legal action by the copyright owner.
Any questions concerning these rights should be directed to the IS Department
Manager.
1. Employee Responsibilities. Each employee is responsible for the content of all
text, audio, or images that they place or send over the City's technical resources.
Employees may access only files or programs that they have permission to enter.
Violations of any guidelines in this policy may result in termination of access to
the Internet and may also result in disciplinary or legal action up to and including
termination of employment, and/or criminal or civil penalties or other legal action
against the employee
Each employee is responsible for notifying their Supervisor if they observe
violations of this policy.
Revised: February 28, 2012 Page 7 of 11
ORDINANCE NO. 1234
The Department of Human Resources will determine, through investigation, any
violation to this policy and the appropriate disciplinary action and will work with
supervisors if disciplinary action is necessary.
J. Special Policies for Use of Electronic Communication Devices at Public
Meetings. This provision governs the use of all types of electronic devices that
are designed or may be utilized to electronically communicate, or to process,
transmit or store information, such as computers, cellular telephones, smart
phones, iPads, tablets or similar ("Electronic Communication Devices") by the
City Council, and all City Board, Committee and Commission members ("City
Officials") and employees during meetings that are open to the public and subject
to the Brown Act ("Public Meetings"). For purposes of this provision, the use of
the phrase "Participating in a Public Meeting" for City Officials means that the
City Official is sitting at the dais and the Public Meeting is in session, and the use
of the phrase for City employees means that the employee is required to attend
the Public Meeting in order to fulfill some job related function as a City employee
(e.g., to present a staff report or discuss a project that he or she has worked on
with the Council, Board, Committee or Commission) and not just volitionally,
voluntarily or for their own personal purposes, to observe the Public Meeting, and
that the Public Meeting is in session. This provision is intended to promote the
proper use of Electronic Communications Devices by City Officials and
employees while participating in Public Meetings in order to ensure that all Public
Meetings are conducted in accordance with all applicable laws, rules and
regulations, including, without limitation, the Ralph M. Brown Act ("Brown Act"); to
ensure that all hearings and deliberations that occur during Public Meetings
comply with due process and result in a complete administrative record; and to
preserve proper decorum preventing behavior that might lead to the perception
that the public official is not fully engaged.
1. Use of Electronic Communications Devices to Send and Receive Email
and Text Messages by City Officials Participating in Public Meetings. A
City Official participating in a Public Meeting shall not use an Electronic
Communications Device to communicate with another City Official
participating in the same Public Meeting, or any other person with
respect to matters that are the subject of the Public Meeting. While not
strictly prohibited, use of an Electronic Communications Device by a
City Official while participating in a Public Meeting to communicate with
persons other than another City Official participating in the same Public
Meeting on matters that are not the subject of the Public Meeting is
highly discouraged, except in emergency situations. Therefore, while
participating in a Public Meeting, a City Official may: (a) send or
receive email and text messages to and from family members or family
care givers where absolutely necessary for the care of that family
member, in the reasonable discretion of the City Official; and (b) send
Revised: February 28, 2012 Page 8 of 11
ORDINANCE NO. 1234
or receive email and text messages that must be sent or received to
address urgent business matters of the City Official, that do not involve
City business, in the reasonable discretion of the City Official.
2. Use of Electronic Communications Devices by City Employees to Send
and Receive Email and Text Messages during Public Meetings,
Telephone Calls. A City employee shall not use an Electronic
Communications Device to communicate with a City Official who is
participating in a Public Meeting. While not prohibited, the use of
Electronic Communications Devices by City employees to send and
receive email and text messages while participating in a Public
Meeting is highly discouraged, except when absolutely necessary in
the reasonable discretion of the employee. Therefore, while
participating in a Public Meeting, a City employee may: (a) send or
receive email and text messages to and from family members or family
care givers where absolutely necessary for the care of that family
member, in the reasonable discretion of the employee; and (b) send or
receive email and text messages that must be sent or received to
address matters related to City business, in the reasonable discretion
of the City employee. A City employee shall not use an Electronic
Communications Device to make or receive a phone call during a
Public Meeting while in the room where the Public Meeting is being
held. City employees shall ensure that all ringers or other features of
Electronic Communications Devices that make any sound or noise are
disabled when entering a Public Meeting. In no event shall using an
Electronic Communications Device by a City employee to send or
receive email or text messages or make or receive a phone call disturb
or interfere with a Public Meeting.
3. Use of Internet by City Officials. The use of Electronic Communications
Devices by a City Official Participating in a Public Meeting to access
the Internet is prohibited, with the following exception: the Internet may
be used to access the agenda packet and all documents that compose
that packet for the Public Meeting that the City Official using the
Electronic Communication Device is participating in.
4. Use of Internet by Employees. The use of Electronic Communications
Devices by employees to access the Internet while Participating in a
Public Meeting is discouraged, with the following exceptions: (1) the
Internet may be used to access the agenda packet for the Public
Meeting; (2) the Internet may be used to access other City documents
that are relevant to topics being discussed at the Public Meeting in the
reasonable discretion of the City employee; and (3) the Internet may
be used to do research on topics that are the subject of the Public
Meeting in the reasonable discretion of the City employee. In no event
Revised: February 28, 2012 Page 9 of 11
ORDINANCE NO. 1234
shall using an Electronic Communications Device by a City employee
to access the Internet disturb or interfere with a Public Meeting.
5. Public Records Act. All City records whether paper or electronic are
governed by the public disclosures requirements of the California
Public Records Act ("PRA"). Therefore, any information sent or
received by Public Officials or employees on either City -owned or
personal Electronic Communications Devices during Public Meetings,
that pertains to City business and otherwise qualifies as a disclosable
public record under the PRA will be subject to disclosure upon request.
6. Due Process. The federal and California constitutional guarantee of
due process require that all relevant evidence considered during
hearings or deliberations that take place during Public Meetings on
matters that involve protected rights such as land use applications and
permit and license grants, denials or revocations ("Hearing"), be
introduced into and made part of the public record. Therefore, any
information sent or received by City Officials on Electronic
Communications Devices prior to or during a Hearing that the Public
Official relies on in making his/her decision ("Material Information"),
must be disclosed and made part of the public record. Public Officials
shall disclose Material Information prior to the close of the public
hearing or public comment portion of the Hearing, whenever
practicable, and in every event, before any action is taken on the item
at the Hearing.
Revised: February 28, 2012 Page 10 of 11
ORDINANCE NO. 1234
Section 3. That the City Clerk shall certify to the passage and adoption of this
ordinance and shall cause the same to be published once in The Desert Sun, a
newspaper of general circulation, printed and published in the County of Riverside and
circulated within the City of Palm Desert.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, at its regular meeting held this 8th day of March, 2012, by the
following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
ROBERT SPIEGEL, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
Revised: February 28, 2012 Page 11 of 11