§ 2-33. Use of city equipment and facilities.
(a)
Computer and city communications systems.
General policy .
This policy is intended to promote the responsible and appropriate use of the city's computer equipment, computer networks and electronic communications systems ("ECS") (most notably the Internet, voicemail, electronic mail and fax machines). The city will hold all employees responsible for their actions in accessing or using the city's computers, networks and ECS.
City computers, networks and ECS must be used for business-related purposes only. Access and use of the city's computers, networks and ECS is a privilege; not a right. Department heads, or their designees, will authorize the level of access necessary for an employee to perform his/her job.
City property and public information .
All computers and related components and peripherals, including all other ECS equipment, are the property of the city. All computer files (regardless of their physical location or form) and email originated, received, and/or otherwise handled by the city's ECS, are also considered city property. Employees should have no expectation of privacy in anything they create, store, send or receive using the city's computers, networks and ECS property.
The city reserves the right to access and disclose all messages and other electronic data, sent over its electronic mail system or stored in its computer files, for legal and audit purposes. Under the Texas Public Information Act, any electronic mail or computer file can be a public record. Employees should be aware that electronic records are subject to the mandatory public disclosure requirements of the Texas Public Information Act, subject to the exceptions under the Act.
The city has the capability to access, review, copy or delete information prepared on, stored on, or in any other manner or status maintained on computer equipment, computer software or computer discs, notwithstanding the use of passwords, "fire walls" or other measures intended to protect the security or confidentiality of the information. The city reserves the right to access, review, copy, or delete all such information, including such information to any third party, inside or outside the city, as it deems appropriate and in accordance with any applicable laws.
Use of computer equipment and software .
Computer equipment and computer software provided by the city is for legitimate business use only. Use of city computer equipment or software for personal use must be authorized by a department head. Employees are also absolutely prohibited from copying, storing, distributing, downloading or installing software, or any other copyrighted software (which is illegal) onto city computers. Employees may not agree to a license or download any material for which a registration or other fee is required before obtaining written permission from their department head. Employees are prohibited from using a computer beyond the restriction of software access licenses and usage agreements. Employees should not knowingly disseminate a computer virus, nor install personal software of any kind (including disks or USB ports brought from home) onto a city computer. Information Technology (IT) staff, or their designees, are the only employees authorized to install software on city computers.
Employees are responsible for the professional, ethical and lawful use of the city's computer system. In all instances, employees must maintain their personal computers in a clean environment and protect against dust, beverages, food or other substances and materials that might damage such equipment or create a safety hazard. Employees are expected to report any suspected violations of this policy, flaws in securities, or other deficiencies in the city's computer systems to IT and a member of management in their respective department.
As a safeguard to the city, and those employees having access to the city's computer equipment, it is suggested that back-ups of all computer files be performed on a daily basis if feasible. If not, the city strongly recommends that back-up be performed at least once a week (e.g., every Friday). This recommendation is to protect against the possible loss of data files in case the employees' computer is damaged for some unexpected reason(s).
Unauthorized uses .
The city's computers and networks shall not be used to:
1.
Seek or gain unauthorized access to the city's network resources or Internet;
2.
Conduct or participate in any actions that are illegal, including but not limited to viewing, displaying, transmitting, or receiving any sexually-explicit, discriminatory, harassing or threatening material;
3.
Conduct, promote or transmit commercial or private/personal business enterprises, political lobbying, product advertisement or unsolicited commercial information (i.e. junk mail, advertising, etc.);
4.
Destroy the integrity of the city's computer-based information or compromise the privacy and/or security of users;
5.
Disrupt the functions of the city's networks or other computer resources, including but not limited to the propagation of worms, viruses or other debilitating programs;
6.
Circumvent legal protection provided by program and data copyright and licenses.
Internet access and use .
The Internet is a world-wide network of computers that contains millions of pages of information. Users are cautioned that many of these pages include offensive, sexually-explicit and obnoxious material. Even innocuous research requests may lead to sites with highly offensive content. Users accessing the Internet do so at their own risk and the city is not responsible for material viewed or downloaded by the user from the Internet. Additionally, having an e-mail address on the Internet may lead to receipt of similar unsolicited offensive content. Last but not least, other ECS, such as telephone, voice mail and/or faxes might be used for similar purposes.
To ensure security and avoid the spread of viruses, users accessing the Internet via the city's network must go through the city's Internet firewall. Bypassing the city's network security by accessing the Internet directly by modem or other means is strictly prohibited. Users should never download files from the Internet, accept e-mail attachments from outsiders, or use disks/USBs from non-city sources without first scanning the material with the city-provided virus checking software. Any employee who suspects a virus has been introduced into the city's network shall notify IT staff and a member of management in the employee's department, immediately.
Employees should use the Internet for work-related purposes and in a responsible, effective and lawful manner. Access to and use of the Internet is not confidential, and the city will monitor an employee's Internet access and use. The following rules and guidelines shall be strictly adhered to:
1.
Uses that interfere with normal business activities, such as solicitation, for-profit business activities, soliciting money for religious and/or political causes, and/or activities that could potentially embarrass the city are strictly forbidden.
2.
Employees shall not use the Internet to access, transmit or download material that is offensive, obscene, pornographic, threatening, discriminatory or harassing.
3.
Employees shall not use the Internet to disseminate or print copyrighted materials (including articles and software) in violation of copyright laws. It is the employee's responsibility to check for copyright or licensing agreements when downloading files.
4.
Employees shall not use the Internet to provide access to confidential information or to provide access to public information without following the city's rules and procedures for such dissemination.
5.
Employees shall not use an Internet service account other than the one assigned by the city's IT personnel. Personal or employee web pages and web sites are not permitted on the city's system.
6.
Employees shall not use the Internet for personal use during working hours, (e.g. online shopping, personal information research, online college enrollment, classes, or exams, etc.).
The city may allow use of the Internet for personal reasons if such use is reasonable, does not interfere with an employee's work, and does not occur during working hours. Internet usage is subject to limitations as imposed by supervisors to prevent excessive or improper use.
Access and use of e-mail .
E-mail is a business communication tool to be used in a responsible, ethical, professional and lawful manner. All messages distributed via the city's e-mail system, including personal e-mails, are the property of the city. Although by its nature, e-mail seems to be less formal than other written communication, the same laws apply. Therefore, it is important that users are aware of the legal risks of e-mail:
1.
If you send or forward e-mails with any libelous, defamatory, offensive, racist or obscene remarks, you and the city can be held liable.
2.
If you unlawfully forward confidential information, you and the city can be held liable.
3.
If you unlawfully forward or copy messages without permission, you and the city can be held liable for copyright infringement.
4.
If you send an attachment that contains a virus, you and the city can be held liable.
Employees are responsible for all e-mail messages originating from their user ID. Users must take the same care in drafting an e-mail as they would for any other communication. Employees shall take all reasonable precautions necessary to prevent the inadvertent dissemination of protected personal or confidential information, either of the city or of other individuals.
Employees who have been provided e-mail accounts have an obligation to read in-coming messages in a timely manner and respond accordingly. Employees must unsubscribe to all mailing lists when their account addresses change, or when they leave city employment.
Employees are strictly prohibited from: .
1.
Sending or forwarding e-mails containing libelous, defamatory, offensive, racist or obscene remarks. Any unsolicited electronic correspondence received should be disposed of accordingly. If an employee repeatedly receives correspondence of this nature, the employee must promptly notify his/her supervisor.
2.
Reading, deleting, copying, modifying or forwarding a message or attachment belonging to another user without acquiring permission from the originator first.
3.
Sending unsolicited e-mail messages, chain mail or any messages that may create a hostile work environment such as sending harassing, discriminating, and/or other threatening e-mail to another user.
4.
Forging or attempting to forge e-mail messages or disguising or attempting to disguise your identity when sending mail.
5.
Supporting or soliciting on behalf of groups, organizations, etc. that are not related to the city or distributing personal messages, junk mail, jokes and executables that interfere with the work of others.
6.
Transmitting, receiving, or viewing pornographic or sexually-explicit messages, cartoons, images or sounds, or anything else that may be construed as unlawful harassment or disparagement of others.
7.
Sending or receiving downloaded music, copyrighted materials, confidential information, or city financial information without following appropriate procedures and authorization.
Employees should assume that copies (back-up copies or otherwise) of email messages and other electronic correspondence may exist on other systems even though the sender and recipient have discarded their copies of the document.
Telephone, cell phone and fax use .
Telephones (including cell phones) are to be used primarily for city business. However, the city allows employees to use its telephone system for personal use on a reasonable basis. Employees should limit themselves to short personal calls during regularly business hours. Excessive personal use of this privilege during working hours, regardless of whether it's a city-owned phone or personal cell phone, shall be subject to disciplinary measures deemed appropriate by the department head or immediate supervisor. No calls resulting in fees to the city are permitted.
Use of the city's fax machines is for city business only; unless otherwise explicitly approved by an employee's department head under the same rules for use of the telephone system stated above.
The city reserves the right to monitor the use of its telephone and fax systems (when appropriate) for quality control purposes and to ensure that communication standards are being followed. Employees shall have no expectation of privacy in their use of the city's telephone and fax systems.
Employees are strictly prohibited from using the city's telephone or fax systems to:
1.
Transmit libelous, slanderous, or sexually-explicit verbal or text messages, cartoons, images or sounds, or anything else that may be construed as unlawful harassment or disparagement of others.
2.
Conduct or participate in any actions that are illegal, including but not limited to terroristic calls or threats, harassing, discriminatory and/or offensive slurs, obscene remarks, and/or other threatening calls or faxed messages.
3.
Solicit or promote commercial ventures, religious or political causes on behalf of any group, organization, individual, or an employee's personal interests.
4.
Make or distribute anonymous telephone calls or fax messages, including offensive jokes and/or other matters that may offend or interfere with the work of others, or violate any city policy, ordinance, state or federal law.
Violations .
Any employee who violates, participates, or has knowledge of a violation of this section and fails to report such violation may be subject to cancellation of the privilege to use the city's computers, networks and ECS. In addition, employees may incur personal liability for any costs the city incurs as a result of an employee's violation of this section. Finally, any violation of this section may subject an employee to disciplinary action, up to and including termination.
(b)
Mail. Employees should not direct any personal mail or packages to city hall or other city offices, nor may they use city stationery or postage for personal purposes.
(Ord. No. 2018-27, § 1, 10-2-2018)