CC RESOLUTION 4384RESOLUTION NO. 4384
A RESOLUTION ESTABLISHING A POLICY FOR RETAINING,
PURGING, AND USING ELECTRONIC COMMUNICATIONS
INCLUDING ELECTRONIC MAIL AND VOICEMAIL.
BE IT RESOLVED by the Council of the City of El Segundo as follows:
SECTION 1: The City Council finds as follows:
A. Electronic communications, including, without limitation, electronic mail,
voicemail, fax machines, and mobile phones, have become common tools
in City business.
B. While using these technologically advanced communications, it is
important to recognize that the City remains obligated, under some
circumstances, to preserve communications under California law
including, without limitation, the Public Records Act (Gov't. Code §§
6250- 6276.48).
C. In addition, it is important to make it clear to persons utilizing these
communication devices that these tools are provided by the City to
facilitate public business. Although incidental personal use of electronic
communications may be understandable and acceptable, they remain
public property and should be used for public purposes.
D. On March 16, 1999, the City Council adopted a Technology and
Information Systems Master Plan ( "Plan"). That Plan sets forth the City's
general policies regarding electronic communications.
E. Unless otherwise provided, the Plan and this Resolution should be used
together in order to effectuate the City's policies regarding electronic
communications as expressed in the Plan and this Resolution.
F. It is in the public interest that the City Council adopt policies that regulate
public officials' and employees' use of electronic communications and
identify the circumstances when electronic communications must be
preserved.
SECTION 2: Purpose. This Resolution is adopted to establish policies that help ensure
the City's compliance with applicable law including, without limitation, the California
Public Records Act; protect the public welfare; and facilitate City business practices.
Nothing contained in this Resolution is intended to hinder City officials', officers', or
employees' use of electronic communications.
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SECTION 3: Definitions. Unless the contrary is stated or clearly appears from the
context, the following definitions will govern the construction of the words and phrases
used in this Resolution:
A. "Archival form" means either:
Transcribing or printing electronic communications in a legible
hard copy form; or
2. Transmitting, converting, or recording an electronic
communication into an electronic format by which the
informational content of the electronic communication is
permanently or indefinitely preserved and such information may be
retrieved in readable or audible and comprehensible form.
Examples of such storage include, without limitation, optical disk
storage; microfiche; and digital photography that is incapable of
deletion or alteration.
B. "Communications equipment and software" means office equipment and
software used for communicating including, without limitation, telephone
(including voice mail), fax machine, copy machine, office automation
equipment (computer terminals or personal computers, including laptops)
and communications software applications such as electronic mail and
Internet browsers.
C. "Electronic communication" or "communication" means any
communication to, from, between or among any City official(s) or
employee(s) by using an electronic communication system for City
business purposes when it unnecessary that the informational content of
such communication be preserved for future City use or reference.
D. "Information Technologies" or "IT" means any system, device, hardware,
software, or other equipment designed and used for transmitting or
receiving communications by any form of electronic mail (e -mail) or voice
mail system, or any network of interconnected computers, including,
without limitation, the Internet and Worldwide Web, as used for such
purposes.
E. "Users" means City officers, employees (regular, extra -help and
temporary) contractors, volunteers and other individuals provided access
to IT.
SECTION 4: Applicability. This policy applies to users. Third parties should only be
provided access to the City's IT as necessary for their business purpose with the City and
only if they agree to abide by all applicable rules.
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SECTION 5: Routine Deletion of Electronic Communications. Unless otherwise
specified in this Resolution, electronic communications should be routinely deleted from
IT without preserving any portion of the informational content of the communication as
prescribed by the communications system.
SECTION 6: Preservation of Electronic Communications. Electronic
communications must be converted into archival form when either:
A. A law expressly requires the communication be kept, or
B. Preserving the communication is necessary or convenient to discharging
the City official's duties and the communication was made or retained to
preserve its informational content for future City use or reference.
SECTION 7: Archives Preserved pursuant to Retention Schedule. Once in archival
form, electronic communications will be preserved pursuant to the City's approved
retention period for the file or record series in which such communication is placed, or to
which it relates. Retention provisions of this section will not be deemed to impose any
legal requirement or obligation on the City or any of its officers and employees not
otherwise required or established by any other provision of law. Following consultation
with the city attorney, the city manager, or designee, will determine whether such
communications should be permanently preserved, disclosed, produced, or destroyed in
accordance with the City's retention schedule.
SECTION 8: Compliance with law. Immediately upon receiving a public records
request, subpoena, or court order which identifies an electronic communication, City
officers and employees will use their best efforts, and use all reasonable means
practicable, to preserve such electronic communications.
SECTION 9: City's Ownership of IT. All IT and electronic communications are the
City's sole property. The City reserves all rights, including termination of service
without notice, on all IT that it owns and operates. This Resolution will not be construed
as waiving any City rights nor will it conflict with applicable law.
SECTION 10: City Manager Authorization. The city manager, or designee, may
specify how IT resources will be used and administered to comply with this Resolution,
other City rules, policies, resolutions and ordinances.
SECTION 11: Security
A. The City's IT requires that each user have a unique identity ( "User -ID")
protected by a password to gain access. The User -ID represents
authorized users in various activities, provides access to particular
software and associated the user's authorization to access system data with
the user's own identity. Accordingly, misusing a User -ID would violate
this Resolution.
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B. The user is responsible for any modifications or access to IT data made
pursuant to a user's User -ID. Users should not, therefore, disseminate
their User -ID or password. Moreover, users should take all reasonable
steps to ensure that IT is restricted to authorized users.
C. The City has complete authority to reassign, change, delete, block, or
otherwise alter and modify any employee User -ID and password. Users
will provide authorized City representatives with their User -ID and
passwords upon request.
D. This Resolution supersedes §§ 7.1.3 and 7.2 of the Plan to the extent that
this Section 11 differs from the Plan.
SECTION 12: Use Regulation.
A. IT is intended for City business. Users may use IT for incidental personal
use that does not interfere or conflict with City business or job
performance during regular duty hours. Incidental means infrequent
usage. Personal use of the City's IT is at the users' own risk and may be
accessed, reviewed, copied, deleted or disclosed by the City. Employees
will reimburse the City for personal use of communications equipment in
accordance with the practice established in their department.
B. Acceptable use is limited to the following:
Communication relating directly to achieving City or department
goals and the user's personal work - related goals.
2. Communication relating to a user's individual professional
development in the City.
Applying for or administering grants and contracts for City
programs.
4. Use for advisory, standards, research, analysis, and professional
society activities relating to the user's job duties and tasks.
Announcing and tracking new laws, procedures, policies, rules,
services, programs, information, or activities affecting the City.
6. Any general or routine governmental administrative
communications.
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C. Access to City IT equipment and resources by recognized employee
organizations may be allowed pursuant to an applicable MOU and
consistent with this policy's references to personal uses.
Access may be authorized only to the extent that union business is
limited to those lawful activities pertaining directly to the
employer - employee relationship and not such internal organization
business such as soliciting membership, campaigning for office,
organization of meetings and elections, and will not interfere with
the efficiency, safety and security of City operations.
2. Employee organizations and their representatives will not have
greater access to use of computer resources than City employees.
Using IT to communicate between union representatives and City
representatives is considered City business and will be allowed
during regular duty hours. Union use of IT is at the users own risk
and may be accessed, reviewed, copied, deleted or disclosed by the
City.
D. Users are encouraged to use generally accepted practices of etiquette while
using electronic communications and IT. The City's Information Systems
Manager can provide users with such forms of etiquette.
SECTION 13: Prohibited Uses. Prohibited uses of communication equipment and
software include without limitation:
A. Uses that violate any local, state, or federal law;
B. Uses violating any part of this Resolution, an MOU, or City Policy.
C. Uses relating to a user's private commercial activities including, without
limitation, advertising and consulting;
D. Accessing and distributing computer games;
E. Fundraising or public relations activities outside the scope of City
business;
F. Political activities;
G. Religious activities;
H. Unauthorized access to systems, software or data;
I. Creating or propagating viruses;
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J. Disrupting services;
K. Intentionally destroying or damaging equipment, software, or data;
L. Threats;
M. Harassment;
N. Defamation; and
O. Access to, or communication of, material or graphic images which are
abusive threatening, obscene or profane.
SECTION 14: Sender Identification. All electronic communications must appropriately
identify the sender. IT may not be used to intentionally misrepresent one's identity.
Another user's e-mail will not be read unless there is a City purpose for doing so and is
authorized by a supervisor. No previously sent e-mail message will be changed without
authorization from the original author.
SECTION 15: Computer Software. Computer software protected by copyright is not to
be copied from, into, or by using city computing facilities, except as permitted by law or
by the contract with the owner of the copyright. No software may be installed, copied, or
used on IT except as otherwise permitted by the city manager, or designee. This Section
15 will take precedence over any contradictory statements in § 7.1.2 of the Plan.
SECTION 16: Suspension of Privileges. The City may suspend user IT privileges
without notice for reasons relating to suspected violation of City policies, contractual
agreements, or local, state, or federal laws. This includes, without limitation, to instances
of employee termination, investigations of IT usage misconduct or when the user is
deemed to represent a threat to any component of IT. Access will be restored when
deemed appropriate by the city manager, or designee, considering the circumstances
surrounding the suspension.
SECTION 17: No Expectation of Privacy.
A. Users should not regard any electronic communication as personal, private
or confidential. The City may conduct reviews of the content of messages
and files, and web sites visited on the Internet, including random reviews,
when in the exercise of its business judgment, the City determines that it
would be prudent to do so. The City may, without notice, inspect, repair
and service all workplace computers; review and disclose all information
transmitted through IT; control access to IT in accordance with Federal,
State, and local regulations; and access all information stored on all IT for
any reason.
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B. City may restrict access to any Internet source it determines, in its sole
discretion, that a source is unnecessary to facilitate City business.
Restriction of a specified source does not imply approval of other non-
restricted sources.
C. The City may restrict access to IT without notice and without a user's
consent.
D. This Section 17 takes precedence over any contradictory statements in §
7. 1.1 of the Plan.
SECTION 18: Disclaimers. Newsgroups, chat rooms, Usenet, and Listservs (electronic
discussion groups) are specialized resources on the Internet for sharing information with
other professionals. All authorized participation in such forums must include the
following disclaimer: "Views expressed by the author do not necessarily represent those
of the City of El Segundo."
SECTION 19: Confidential Information. IT may not be used to communicate
confidential City information to unauthorized individuals within or outside of the City.
Confidential information includes any information whose release is restricted under local,
state or federal law, any personnel information or records or any other information
prohibited from release to unauthorized persons by the employee's supervisor, manager
or department head. If an employee is unsure if City information or records are
confidential, the employee is required to ask a supervisor before releasing such
information to unauthorized individuals. This Section 19 specifically repeals contrary
statements in § 7.1.1 of the Plan.
SECTION 20: Violations. Misuse of City communications equipment and software is a
violation of this Resolution and will result in disciplinary action up to and including
dismissal from employment.
SECTION 21: Technology Master Plan. Unless specifically amended or superseded by
this Resolution, nothing in the Plan is changed by this Resolution. Rather this Resolution
will supplement the Plan to the extent needed to fulfill the objectives and implement the
policies identified in this Resolution.
SECTION 22: Administrative Policies and Procedures. The city manager is authorized
to adopt Administrative Policies and Procedures that further the purpose of this
Resolution.
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SECTION 23: This Resolution will become effective immediately upon adoption and
will remain effective unless repealed or superseded.
PASSED AND ADOPTED this3rd day of August 00 .
Kelly McDowel
Mayor
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO
I, Cindy Mortesen, City Clerk of the City of El Segundo, California, hereby certify
that the whole number of members of the City Council of the City is five; that the
foregoing Resolution No. 4384 was duly passed and adopted by said City
Council, approved and signed by the Mayor of said City, and attested to by the
City Clerk of said City, all at a regular meeting of said Council held on the 3rd day
of August 2004, and the same was so passed and adopted by the following roll
call vote:
AYES: McDowell, Gaines, Busch, Jacobson
NOES: None
ABSENT: Boulgarides
ABSTAIN: None
NOT PARTICIPATING: None
ATTEST:
Cindy %6rtesen, City Clerk
ney
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