HomeMy WebLinkAboutCouncil Policy No. 400-12 - Internet, Electronic Mail and Software Policy
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Internet, Electronic Mail Policy No. 400-12
and Software Policy Effective Date: 11/7/01
Revised: 9/2/06
Page No. 1 of 7
PURPOSE
The purpose of this policy is to regulate the use of the City’s internet, electronic mail and
software resources.
POLICY
I. Internet Policy.
A. Purpose. The purpose of this policy is to define and implement acceptable
Internet use for City elected and appointed officials and employees to accomplish
the City’s mission and program goals. Uses of the Internet by City elected and
appointed officials and employees, is encouraged when it is the most cost
effective and efficient vehicle for the dissemination and exchange of information.
B. Privacy. The city may at its discretion monitor and/or log all network activity
with or without notice, including Internet e-mail and all web site communications.
Users should have no reasonable expectation of privacy in the use of these
resources.
C. Acceptable Uses. Uses that are acceptable and encouraged:
1) Communications and information exchanges directly relating to the
mission goals, programs, and tasks of the city;
2) Announcements of City policies, rules and regulations, meetings, hearings,
services or activities;
3) Use for advisory, standards, research, analysis and professional
organization activities related to the City user’s duties.
D. Unacceptable Uses. It is unacceptable for a user to use, submit, publish, display
or transmit on the network or on any computer system any information which:
1) Violates or infringes on the rights of any other person, including the right
to privacy;
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Internet, Electronic Mail Policy No. 400-12
and Software Policy Page No. 2 of 7
2) Contains defamatory, false, inaccurate, abusive, obscene, pornographic,
profane, sexually oriented, threatening, racially offensive, biased or
otherwise discriminatory or illegal material;
3) Violates City regulations prohibiting sexual harassment;
4) Restricts or inhibits other users from using the system or interferes with
the efficiency of the computer systems;
5) Encourages the use of controlled substances;
6) Uses the system for the purpose of criminal intent; or
7) Uses the system for any other illegal purpose:
8) It is also unacceptable for a user to use network facilities and Internet
capabilities of the system to:
a) Conduct any non-approved business;
b) Solicit the performance of any activity that is prohibited by law;
c) Transmit material, information, or software in violation of any
local, state or federal law;
d) Conduct any political activity;
e) Conduct any fund raising or unofficial or unapproved public
relations activities;
f) Engage in any activity for personal gain or personal business
g) Make any unauthorized purchases.
E. Copyrighted Material. Users may download copyrighted material, but its use
must be strictly within the agreement as posted by the author or current copyright law.
The federal Copyright Act at 17 U.S.C. 101 et. seq. (1988), protects and prohibits misuse
of all original works of authorship in any tangible medium of expression. This includes a
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Internet, Electronic Mail Policy No. 400-12
and Software Policy Page No. 3 of 7
prohibition on plagiarism (using someone else’s writings or ideas and passing them on as
one’s own).
F. Public Domain Material. Any user may download public domain programs for
his/her own business-related use, or may redistribute a public domain program
non-commercially but does so with the knowledge that by doing so, he/she also
assumes all of the risks regarding the determination of whether or not a program
is in the public domain.
G. Internet E-mail. Internet e-mail, is considered network activity, thus, it is subject
to all policies regarding acceptable/unacceptable uses of the Internet. The user
should not consider e-mail to be either private or secure.
H. Public Records. All electronic data whether created in-house or downloaded from
other sources through the network or Internet, including e-mail, shall be
considered official records of the City. Any such data is subject to the records
management policies of the City and state and federal statutes, including the
Public Records Act. Users must be aware that electronic records, including e-
mail, may be subpoenaed by a court of law.
I. Regulation and Enforcement. The City Manager shall determine which appointed
officials and employees, are approved for Internet use. The City Manager is
responsible for compliance with provisions of this policy and for investigating
suspected non-compliance. These duties include, but are not limited to:
1) Investigation of alleged or suspected non-compliance with the provisions
of the policy; and
2) Suspension of service to users or access, with or without notice.
3) Internal discipline up to and including discharge may be appropriate in
some cases of non-compliance with this policy. Criminal or civil action
may be initiated under appropriate circumstances.
J. Consent Form. All City elected and appointed officials and employees, having
access to the Internet must consent that all network activity is the property of the
City, and therefore, they should not consider any activity to be private. This
should be accomplished through a signed Consent Form. The City Manager shall
have the authority to develop such consent forms which at the minimum state:
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Internet, Electronic Mail Policy No. 400-12
and Software Policy Page No. 4 of 7
1) The user has been given a copy of the policy and agrees to comply with all
its terms and conditions;
2) All network activity conducted while doing City business and being
conducted with City resources is the property of the City of Lake Elsinore,
and
3) The City reserves the right to monitor and log all network activity
including e-mail, with or without notice, and therefore users should have
no expectations of privacy in the use of these resources.
K. Liability. The City makes no warranties of any kind, whether expressed or
implied, for the service that is the subject of this policy. The City will not be
responsible for any damages whatsoever that City officials or employees may
suffer arising from or related to their use of any City electronic information
resources, whether such damages be incidental, consequential, or otherwise.
Users must recognize that the use of City provided electronic information
resources is a privilege and that compliance with these policies is mandated.
II. Electronic Mail Policy
A. General. Electronic mail (e-mail) is provided for City activities and not for
personal use of City officials or employees except for incidental personal
communications (e.g. setting up appointments, coordinating work schedules).
B. Privacy. All electronic data, including e-mail, is subject to the records
management policies of the City and state and federal statutes including the
Public Records Act. Users must be aware that electronic records, including e-
mail which has been erased or deleted may be recovered and subpoenaed by a
court of law.
C. Uses that are Acceptable:
1) Communications and information exchanges directly relating to the
mission and approved program goals and tasks of the City;
2) Announcements of City policies, rules and regulations, meetings hearings,
services or activities;
D. Uses that are Unacceptable: It is unacceptable for a user to use, submit, publish
display or transmit on the network or on any computer system any information
that:
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Internet, Electronic Mail Policy No. 400-12
and Software Policy Page No. 5 of 7
1) Violates or infringes on the rights of any other person, including the right
to privacy;
2) Contains defamatory, false, inaccurate, abusive, obscene, pornographic,
profane, sexually oriented, threatening, racially offensive, biased, or
otherwise discriminatory or illegal material;
3) Violates City regulations prohibiting sexual harassment;
4) Restricts or inhibits other users from using the system or interferes with
the efficiency of the computer systems;
5) Encourages the use of controlled substances or uses the system for the
purpose of criminal intent; or
6) Uses the system for any other illegal purpose. It is also unacceptable for a
user to use the facilities and capabilities of the system to:
7) Conduct any non-approved business;
8) Solicit the performance of any activity that is prohibited by law;
9) Transmit material, information, or software in violation of any local, state
or federal law;
10) Conduct any political activity;
11) Conduct any fund raising;
12) Engage in any activity for personal gain or personal business transactions;
or:
13) Make any unauthorized purchases.
D. City Council Communication. All e-mails addressed to Councilmembers that
have clear city-wide intent shall be forwarded to all Councilmembers where
applicable. Responses to said e-mails shall conform to Policy No. 400-1
F. Regulation and Enforcement. The City Manager shall determine which
employees, are approved for e-mail use. The City Manager is responsible for
compliance with provisions of this policy and for investigating suspected non-
compliance. These duties include, but are not limited to:
1) Investigation of alleged or suspected non-compliance with the provisions
of the policy; and
2) Suspension of e-mail privileges to users with or without notice. Internal
discipline, up to and including discharge, may be appropriate in some
cases of non-compliance with this policy. Criminal or civil action may be
initiated under appropriate circumstances.
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Internet, Electronic Mail Policy No. 400-12
and Software Policy Page No. 6 of 7
III. Computer Software and Hardware Policy
A. Purpose. The purpose of this policy is to define acceptable uses and policies for
the use of the City’s computer hardware and software. It is the policy of the City
of Lake Elsinore to use computer software in strict accordance with the license
agreement, and solely for City business. All City officials and employees of the
using City provided computer hardware and software shall comply with these
policies.
B. Acceptable Software for City Use. Acceptable software for City uses are:
1) Software procured through normal City purchasing procedures; and
2) Software written in-house for City purposes.
C. Other Software. In an effort to prevent the spread of computer viruses and to
protect the City and its officials and employees from possible civil and criminal
proceedings, officials and employees must obtain the approval of the IT Manager
before downloading software from the Internet or installing software obtained as a
gratis product accompanying a normal purchase or software obtained from friends
and other organizations or unknown origins All such software must be related to
City business and promote the mission and goals of the City.
D. Ownership and Privacy. All software and data are the property of the City.
Software and date developed by employees may not be taken with them when
they leave the City without written permission of the City Manager.
E. License Responsibilities. All software installed on the personal computers must
be properly licensed. Software may not be reproduced or used on more than one
computer by more than one person at a time unless authorized by the terms of the
license. The Information Systems Manager (or designee) is responsible for
determining when software may be copied in accordance with the license, and
whether gratis add-in products, shareware, bulletin board, and software from other
sources are acceptable.
F. Audits. Audits may be performed at any time by the Software Publisher’s
Association through a court order, the Information Systems Manager, internal
audit, or any other authorized person or entity.
CITY OF LAKE ELSINORE, CALIFORNIA
COUNCIL POLICY MANUAL
SUBJECT: Internet, Electronic Mail Policy No. 400-12
and Software Policy Page No. 7 of 7
G. Penalties Imposed by Law. City elected and appointed officials and employees,
who install or use copied software without a proper license on City equipment, or
who install or use software improperly copied from a City computer at home for
personal, non-City use expose both the employee and the City to civil and
criminal proceedings. Such activity is strictly forbidden by this policy. Civil and
criminal penalties include fines and jail terms of up to five years.
HISTORY
Adopted by Resolution No. 2001-45 11/27/01
Amended by Resolution No. 2006-152 9/12/06