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4.k) Staff Report-Communication Policy � \ " �, � �r�-� SCANDIA Staff Renort Date of Meeting: March 12, 2013 To: City Council From: Kristina Handt, City Administrator Re: Communication Policy Agenda Item#: 4.k) Background: The City does not currently have a communication policy. Former staff had been working on the policy and it was a project communicated during the transition. Issue: Should the City adopt a communications policy? Proposal Details: Included in your packet is a Communications Policy that covers mail, fax,telephone, laptop, internet and email use. If the policy is adopted by the Council, staff would be required to sign an acknowledgement form that they received the policy and agree to abide by it. Fiscal Impact: NA Options: 1) Direct staff to place the policy on the consent agenda for the March meeting. 2) Amend and then direct staff to place the policy on the consent agenda for the March meeting. 3) Do not adopt a Communications Policy. Recommendation: Option 1. CITY OF SCANDIA COMMUNICATIONS POLICY To better serve our citizens and give our workforce the best tools to do their jobs, the City of Scandia continues to adopt and make use of new means of communication and information exchange. Many of our employees have access to one or more forms of electronic media and services, including, but not limited to, computers, e-mail, telephones, cellular telephones, pagers, voice mail, fax machines, external electronic bulletin boards, wire services, on-line services, the Internet and the World Wide Web. The City encourages the use of these media and associated services because they can make communication more efficient and effective and because they are valuable sources of information. This policy cannot provide rules to cover every possible situation, but will express the City's philosophy and set forth general guidelines governing the use of electronic media and services. The City's intent is to ensure that the electronic communication systems are used to their maximum potential for business purposes and not used in a way that is disruptive, offensive to others or contrary to the best interest of the City of Scandia. GENERAL This policy applies to all full-time, part-time and temporary employees, contractors, volunteers, customers and all other individuals who are provided access to the City of Scandia communication systems. This policy does not constitute a contract and revisions may be made from time to time at the discretion of the City Council. Incidental and occasional personal use of electronic communications resources is permitted if it does not interfere with the use of equipment for City purpose and is not excessive, or does not unduly interfere with an employee's work time, job activities or the job activities of other employees. All employees will be provided with a written copy of this policy. MAIL City of Scandia employees may purchase postage at the City office for use on their personal mail items. Personal mail items may be included with the City's delivery of mail to the US Post Office. FAX City of Scandia employees may use the City's fax machine on lunch breaks, rest breaks, before work hours, or after work hours to fax personal communications. No charge will apply to local faxes. Employees will reimburse the City for costs associated with long distance faxes on a monthly basis. TELEPHONE Personal telephone calls shall be kept as brief as possible and shall be made during lunch breaks or rest breaks whenever possible. No charge will apply to local calls. Employees may use their own personal calling cards to make long distance calls or will reimburse the City for that cost on a monthly basis. Incoming personal calls or messages may be answered by the employee,but shall be kept as brief as possible. If an incoming message or call represents an emergency, City staff will make every effort to contact the employee immediately. 1 CELLULAR PHONE Cellular phones are intended for the use of City employees in the conduct of their work. Employees may use the cell phone only to make personal calls which are necessary and which enhance the efficiency of the employee's time. Excessive calls or calls resulting in fees or roaming charges will be reimbursed to the City by the employee. Employees are to use their cellular phone in a safe manner at all times. City issued cell phones and data stored on them are, and remain at all times, the property of the City, and should not be considered private. Employees have no right to privacy as to any information or file transmitted through or stored in the City's cell phones. The City reserves the right to access, retrieve, read and disclose any data, messages, or files stored, transmitted or received on City cell phones (including information downloaded from the Internet or received or sent via e-mail) and reserves the right to monitor the use of the cell phones to protect the security of the cell phones and prevent abuse or illegal activities. LAPTOP/PORTABLE COMPUTER USE It is the responsibility of the employee using a laptop computer or other portable equipment, to keep the equipment in a safe environment, protected to the extent possible from theft or damage. Any portable computer damaged or stolen must be reported immediately to the City. All data collected, stored, processed or disseminated by City employees on portable computer equipment owned by the City is governed by the Data Practices Act. Additional software or programs may not be loaded without prior authorization and any copying of software on a portable computer for personal use is prohibited. Laptops and data stored on them are, and remain at all times, the property of the City, and should not be considered private. Employees have no right to privacy as to any information or file transmitted through or stored in the City's portable computers. The City reserves the right to access, retrieve, read and disclose any data, messages, or files stored, transmitted or received on City portable computers (including information downloaded from the Internet or received or sent via e-mail) and reserves the right to monitor the use of City portable computers to protect the security of the portable computers and prevent abuse or illegal activities. INTERNET/E-MAIL The City promotes Internet and e-mail use that enables employees to perform City missions and it is expected that employees will use this tool to improve their job knowledge; access scientific, technical and other information on topics which have relevance to the City; and to communicate with their peers in other government agencies and industry on matters of relevance to their work for the City. All Internet and e-mail users are responsible for using these resources in an effective, ethical and lawful manner. Users should use the same care creating electronic communications as they would use with oral or other written communications. Never transmit an e-mail that you would not want your boss or other employees to read, or that you'd be embarrassed to see in the newspaper. The City's e-mail and Internet systems are business tools and shall be used in a professional manner for legitimate business purposes and, at all times, remain the property of the City. The City's computers and data stored on them are, and remain at all tiines, the property of the City, and should not be considered private. Employees have no right to privacy as to any information or file 2 transmitted through or stored in the City's computer systems, e-mail, or other technical resources. The City reserves the right to access, retrieve, read and disclose any data, messages, or files stored, transmitted or received on City funded systems (including information downloaded from the Internet or received or sent via e-mail) and reserves the right to monitor the use of the systems to protect the security of the systems and prevent abuse or illegal activities. E-mail users should be aware the e-mail is easily misdirected or forwarded by the recipient to untold numbers of persons and the content is easily misconstrued or altered. E-mail and Internet users should also be aware that when they have deleted a message or document, it may not have been deleted from the entire system and may be retrieved from the computer's back-up system. Stored e-mail messages and other computerized data are discoverable documents, which may be exchanged in litigation. The content of an e-mail message may subject the sender to civil liability, discipline and criminal sanctions. The contents of electronic data sent by, between and/or to individuals may be disclosed within or outside the City at any time for any purpose deemed necessary by the City, subject to any limitations imposed by law, including but not limited to, the MN Government Data Practices Act. Under this act, the public has broad access to government records, which include data that is in the possession of the government "regardless of its physical form, storage media or conditions of use." Electronic data, including e-mail messages, is treated as government records subject to all state and federal rules including open meeting laws, data practices act and human rights act. Emplovee Guidelines • Only city employees may use city-owned equipment. Family members or friends of employees are not allowed to use city equipment or technology resources. • Employees may use the City's Internet access to reach sites of personal interest during lunch breaks, rest breaks,before work hours or after work hours. Employees may receive personal e-mail communications during work hours, but shall not respond to those communications during working hours, except in the case of an emergency. • Incidental Personal Use: Although occasional and limited personal use of netbooks, computers or other devices is tolerated, subject to the limitations, conditions, and regulations contained in this policy, assigned devices may not be used in any way that: o Directly or indirectly interferes with City operations of computing facilities or e-mail services. o Is contrary to or damages the City's interest. o Results in any incremental costs to the City. o Interferes with any City officer or employee's work duties,performance, or other obligations to the City. Any personal use shall be at the risk of the person engaging therein. The City is not responsible or liable for the consequences. Such use shall be limited to individualized personal communications and not mass distribution of material. Use of computer resources for such incidental personal purposes is a privilege and can be withdrawn by the City Council at any time. • Incidental personal use of the Internet is permitted as described above. However, employees may not at any time access inappropriate sites. Some examples of inappropriate sites include but are not limited to adult entertainment, sexually explicit material, or material advocating intolerance of other people, races or religions, or in manners that otherwise violate city policies related to respectful workplace and harassment prevention. This prohibition includes infonnation on social media sites such as Facebook and MySpace,blogs and 3 microblogs such as Twitter. If you are unsure whether a site may include inappropriate information, you should not visit it. • Use of city equipment or technology for personal business interests, for-profit ventures, political activities or other uses deemed by the city administrator to be inconsistent with city activities is not allowed. If there is any question about whether a use is appropriate it should be forwarded to the city administrator for a determination. • Employees shall have no expectation of privacy related to the use of the City's Internet or e- mail. The City of Scandia retains the right to access, copy, modify or delete any and all property. T'he City will not exercise this right without the consent of either the originator or the recipient of data without a legitimate business purpose. The City will access information without consent if there is a reasonable suspicion that the City's systems are being used in a manner which violates this policy, or to document employee performance problems or misconduct. � Communications which would be inappropriate under other City policies are equally unacceptable if delivered via electronic communication. These communications may include, but are not limited to, harassing or discriminatory comments, breaches of confidentiality, and insubordinate statements. Do not gossip or include personal information about yourself or others in an e-mail. Do not use harassing language, including sexually harassing language or any remarks including insensitive language or derogatory, offensive or insulting comments or jokes in an e-mail. • All information developed on a City computer system or introduced to a City computer system is considered work product of the City, regardless of where it was created. Any files developed by a City employee on computers outside of the City, if in conjunction with his or her employment with the City, is the property of the City and copies of those files must be provided to the City. • Employees shall only use software that is supplied by the City, including but not limited to, web browser and e-mail applications. Employees shall not install hardware or software on the City's system without the express permission of the City Administrator or their Deparhnent Head. Employees are responsible for proper management of files; deleting outdated files and conducting virus scans prior to opening or downloading files. • Employees shall not access, intercept, record, read, modify, or delete the files belonging to others. Employees shall not divulge passwords or security protocols to anyone outside of the City of Scandia and shall not permit unauthorized users to use their password or the City's Internet or e-mail access. • Employees will not be held responsible for any unsolicited e-mail received that contains inappropriate materials. The employee should immediately delete the e-mail and in no instance shall the e-mail be forwarded to any other recipient. If an employee inadvertently accesses an Internet site which is inappropriate or prohibited, the employee shall immediately escape from such site. • Do not open e-mail attachments or links from an unknown sender. Delete junk or"spam" e- mail without opening it if possible, do not respond to unknown senders. • Employees who resign, are terminated, laid off, suspended or otherwise cease employment with the City of Scandia have no right to the contents of their e-mail messages and shall not be allowed access to the computer system. • Employees shall not knowingly use the City's computer systems to violate any local, state or federal law. Use of any City resources for illegal activity is grounds for disciplinary procedures. 4 PASSWORDS AND PHYSICAL SECURITY OF EQUIPMENT Your passwords should not be shared or told to anyone. If it is necessary to access an employee's computer when he or she is absent, contact the city administrator. Passwords will be stored in a hard copy file that is locked. Do not store passwords electronically in a palm pilot or cell phone system. Employees should use caution if they leave equipment unattended because it is generally small and portable. Do not leave city computer equipment in an unlocked vehicle or unattended at any off-site facility(airport,restaurant, etc.). DISCLAIMER While the City of Scandia has adopted and shall enforce this policy to the extent practicable, it does not have the resources or technical capability to ensure complete compliance by its users, who shall be individually responsible for adhering to the terms of this policy. The City of Scandia shall not assume and hereby expressly disclaims liability for the misuse of its communication systems, computers, equipment or Internet access, which violates this policy or any law. This Policy does not cover employee-owned computer devices being used for City work. Employee owned devices used for City Business will be provided access to the City Wi-Fi service in City owned buildings. All other policies, procedures, ordinances, and rules adopted by the City Council and work rules, as stated in the City of Scandia Personnel Manual, governing employee conduct are applicable to the use of City electronic media resources. This Policy shall not be construed in a manner that causes it to conflict with any other State or Federal law or any City ordinance. CONSENT AGREEMENT As a condition of employment, all City employees must acknowledge that all computer and electronic systems, including but not limited to, e-mail and Internet activity, are the property of the City and; therefore, they should not consider any activity to be private. Employees must sign the consent form, acknowledging that they have received a copy of this policy, read it, and understand the City's policy and the potential penalties for non-compliance. 5 CITY OF SCANDIA ACKNOWLEDGMENT OF RECEIPT OF COMMUNICATIONS POLICY I, , an employee of the City of Scandia, hereby acknowledge that I have received a copy of the City's Communications Policy and have read and understood the information contained therein. As acknowledged by my signature, I hereby agree to abide by the stated policy and understand that this receipt will be filed with my personnel records. SIGNATURE DATE 6