(A) Scope. This policy applies to the use of all village-owned or leased computers, including desktop, laptop and other portable computers such as iPads, and also including cellular telephones (i.e. BlackBerry, Palm, Apple and other "smart phones" with text message capabilities as well as access to the internet, and the receipt, sending and storage of electronic messages, hereinafter referred to as "computer equipment and system." This computer equipment and system is provided in order to allow village employees to perform their duties more efficiently and may be used only in full compliance with this policy.
(B) Purpose. The purpose of this policy is to ensure the proper, acceptable use of the village's computer equipment and system. The village reserves the right to amend this policy at its discretion. Internet, e-mail or online services users expressly waive any right of privacy in anything they create, store, send or receive on the village's computer system. The village may at any time or from time to time and without notice monitor internet, e-mail or online services usage without prior notification. If there is evidence of violation of this policy, the village may initiate disciplinary action, including termination and/or legal action. This policy does not grant the employee any contractual rights.
(C) Requirements. The computer equipment and system are business tools. Users are obliged to use these tools in a responsible, effective and lawful manner and in accordance with this policy. The following rules are hereby created by the village and are to be strictly adhered to:
(1) The computer equipment and system are intended to be used primarily for village business purposes. Uses which involve solicitation or are associated with any outside for-profit business activities or activities which could potentially embarrass the village are strictly forbidden.
(2) Employees shall not use the computer equipment and system for operating an outside business for personal gain, sending chain letters, forwarding non-village related e-mails, soliciting money for religious, political or any other cause, or visiting social networking sites such as Facebook or Twitter. An exception is granted to Police Officers during the conduct of a specific investigation.
(3) Employees shall not use the computer equipment and system to transmit or download material that is offensive, obscene, pornographic, threatening, or racially or sexually harassing.
(4) Employees shall not use the computer equipment and system to make unauthorized entry or illegal entry into any part of the village's computer which the employee is not authorized to access.
(5) Employees shall not use the computer equipment and system to disseminate or print copyrighted materials (including articles and software) in violation of copyright laws.
(6) Employees shall not use the computer equipment and system to gain access to confidential information except as part of the employee's job responsibility. Employees shall not use these services to provide access to public information without following the existing rules and procedures of the village and/or the Ohio Revised Code for dissemination.
(7) Employees shall not use an internet, e-mail or online services account or signature line other than their own, nor shall any employee disguise or attempt to disguise the source of an e-mail sent.
(8) Employees shall take all reasonable precautions to prevent the inadvertent dissemination of anyone else's information via the internet, e-mail or online services.
(9) The computer equipment and system are subject to limitations as imposed by this policy to prevent excessive or improper use. Although the computer equipment and system are meant for business use, the village allows occasional personal usage if it does not interfere with work. However, all messages distributed or received via the village's e-mail system are the village's property.
(10) Employees are also reminded that access to and use of the internet, including communication by e-mail, is not confidential.
(11) Employees shall not delete an e-mail message which constitutes a public record that has not met or exceeded the appropriate retention period as set forth by the Village Records Commission unless printed and retained. E-mails that are strictly of a personal or incidental nature and having no administrative necessity, and not defined as a public record may be periodically deleted.
(12) Employees are reminded that deleted e-mails can still be recovered by the village.
(13) Employees shall not engage in unauthorized interference or tampering with any hardware device which is used within the system or in the connection to an outside network, shall not delete any browsing history or cookies, and shall not add any hardware or software, including screen savers, without approval.
(D) Records management and e-mail retention. E-mail and/or online services are a means of transmission of messages or information and are considered a record if they meet the criteria of Ohio's public records laws, R.C. § 149.01.1(G). The content of e-mail or online services messages will vary considerably, and therefore this content must be evaluated to determine the length of time the e-mail must be retained. Scheduling and retaining e-mail or online services messages shall be established by the Village Records Commission.
(E) Encryption. Users may not encrypt any e-mails, except in PDF where appropriate, without obtaining written permission from the village.
(F) Avoidance of confidential information. Because e-mail and/or online services transmissions are public records, they should not be used to discuss questions of liability or any matters that could or do involve potential, threatened or pending claims or lawsuits against the village. Certain confidential communications between the Police Department and the Law Director or another attorney may be exempt from Public Records Law under attorney/client privilege or under R.C. § 149.43.
(G) Viruses. Computer viruses are more and more prevalent in today's world. They can cause considerable damage to a computer or entire network. An infected computer may not be readily identified, even though damage may be occurring. The utmost care must be taken in adhering to strict anti-virus precautions. These include:
(1) Do not use or exchange disks or diskettes with other outside computers, including an employee's home computer.
(2) Do not download programs from the internet or electronic bulletin boards without express approval.
(3) Do not activate programs that have been attached to an e-mail message unless necessary to carry out village business and received from a reliable source.
(4) Do not open e-mails from unknown or suspicious sources. Seek technical assistance whenever necessary to avoid infection of the village system with a virus.
(Ord. 49-2017, passed 11-21-2017; Ord. 42-2018, passed 10-16-2018)