(A) Use of telephones and town mail.
(1) Personal telephone calls shall be limited in frequency and duration. Personal use of telephones and FAX machines for long-distance and toll calls at the town’s expense are not permitted. Employees making long-distance and toll calls shall notify their Supervisor of this use and shall reimburse the town for the calls.
(2) To ensure effective telephone communications, employees shall always use the approved greeting and speak in a courteous and professional manner. The mail system is reserved for business purposes only. Employees shall refrain from sending or receiving personal mail at the workplace.
(B) Use of computers, e-mail and the internet.
(1) Purpose. Employees are provided with information technology (computers, computer software and the e-mail system) as a tool to support the business of the town. The effective performance of the town’s computer and telecommunications network depends upon users adhering to established standards of proper conduct. In general, this requires efficient, ethical and legal utilization of network resources. This resource, as with any other public resource, demands those entrusted with the privilege of its use to be accountable. The following guidelines and policies define the responsibilities of employees and volunteers using network and internet resources. USE OF THE TOWN OF ELLETTSVILLE’S NETWORK RESOURCES IS A PRIVILEGE, NOT A RIGHT.
(2) Monitoring of internet use. Town computers, the town internet connection and the electronic mail (e-mail) system are town assets and are subject to review or monitoring at any time without notice. Because the computers, internet connections and the e-mail system belong to the town and not to the employees, employees should have no expectation of privacy regarding these items. Users should be aware that information contained on town computers, including their e-mail messages, is subject to public disclosure. If a user violates any of the provisions contained in this policy, his or her access to the town resources may be denied and disciplinary action may be taken.
(3) Internet use policy. All users of town provided internet services, including e-mail, must abide by state, federal and local laws. Internet and e-mail use must comply with town policies and regulations, including town’s Equal Opportunity Employment policies as well as the policies prohibiting harassment in the workplace.
(4) Software duplication prohibited. The town purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, the town does not have the right to reproduce this software for use on more than one computer. Employees may only use software on multiple machines according to software license agreements. The town prohibits the illegal duplication of software and its related documentation. No licensed software may be installed on town computers that has not been authorized by the town and/or is not properly licensed to the town.
(5) Acceptable use. The following are acceptable uses of the town computer resources:
(a) Work related use. The internet and e-mail are to be used for the town’s business purposes. Using appropriate web sites for work-related purposes is unrestricted as long as it is reasonable.
(b) Personal use. The internet is a powerful communications tool that can provide a great deal of useful information. Unfortunately, it can also be a distraction from productive work when browsing non-work related sites. While personal use of the internet and e-mail is permitted, it is to be kept to a minimum. Personal use must be non- commercial, that is, not related to any for-profit business or activity or any use for which the employee will receive remuneration. Extensive use of network resources for personal use is prohibited.
1. E-mail. Personal e-mail shall be sent or received as seldom and be as brief, as possible. Use of personal e-mail, which unduly disrupts the employee’s work or is deemed to be excessive by the employee’s Supervisor, may result in the employee being disciplined or terminated.
2. Internet. Exploring the internet for non-work related purposes shall be done before or after work or during the lunch break.
3. Time sheets. Time spent or personal internet or e-mail use shall not be included as time worked on daily time sheets.
4. Common sense. Use common sense with open web sites, especially with visitors in the area. For example, if the employee is searching the internet during his or her lunch hour, be sensitive to the fact that the general public may view his or her computer screen and see that he or she are on a non-work related web site; the public will no be aware that the employee is utilizing his or her lunch hour for this internet activity and could assume that he or she is “surfing the net” while “on the clock”.
(6) Security. Employees shall not allow unauthorized access to the town computer network. Allowing unauthorized access includes, but is not limited to: sharing passwords with other individuals, making authentication items such as passwords easily available, failing to log off when leaving a computer and allowing unauthorized persons physical or electronic access to the town’s systems. Individual users may be held accountable for their account’s use by other people.
(7) Passwords. The password feature of the town computer network is the foundation for maintaining the confidentiality of the communication system. Confidentiality of passwords and user accounts must be protected. Passwords, system telephone numbers and similar information may not be disseminated to the public and must be retained as confidential information by the user. For privacy reasons, employees may not attempt to gain access to another employee’s personal file of e-mail messages without the latter’s express permission. Internet accounts are to be accessed only by the authorized user of the account.
(8) Security issues. All security issues shall be communicated immediately upon discovery to the Supervisor.
(9) Direct internet access prohibited. Employees may only access the internet through an approved internet firewall. Accessing the internet directly, by modem, is strictly prohibited unless such access is approved by the Supervisor.
(10) Receiving unsolicited offensive material. If an employee receives files, messages or information which violates the restrictions outlined in this policy or which makes the employee feel uncomfortable or offended, the employee shall immediately call the matter to the attention of the employee’s immediate Supervisor. The Supervisor should contact a representative of the town to investigate the matter.
(11) Use of private software prohibited. No private software, “shareware” or other unauthorized products may be run on town systems.
(12) Downloading programs. Employees shall not install or execute software or hardware that could damage the town’s systems. Such software includes, but is not limited to, files that have been downloaded from the internet or sent as an attachment to e-mail.
(13) Virus protection. All material downloaded from the internet or from computers or networks that do not belong to the town must be scanned for viruses and other destructive programs before being placed onto the computer system. All employees will be expected to follow the instructions from their supervisor for this scanning process. Any problems noted by the Supervisor must be resolved prior to the downloaded material being placed on the computer system. As with all security issues, the discovery of a virus shall be communicated immediately to the Supervisor.
(14) Receiving e-mail with an attachment. If the employee receives non-departmental, external e-mail with an attachment, DO NOT TOUCH THE ATTACHMENT; DO NOT OPEN IT; DO NOT VIEW IT, DO NOT SAVE IT TO DISK REGARDLESS OF WHO SENT THE E-MAIL. Many viruses attach to address books and can give the appearance of being sent to the employee by loved ones or legitimate professional contacts. Contact the person who sent the e-mail to the employee, verify they actually sent it to the employee and ask them what is specifically contained in the e- mail. If the employee is at all unsure about whether or not to open an e-mail, contact the Supervisor.
(15) Downloading programs from the internet. Intentional use of internet resources to access, view or process files dangerous to the integrity of the network is prohibited. Only software and programming services authorized by the Supervisor(s) may be used in conjunction with the town’s computer or communications systems.
(16) Privacy and confidentiality. Information transmitted through the town’s electronic communications resources are NOT privileged communications. EMPLOYEES ARE CAUTIONED OT TO COMMUNICATE ANY MATERIALS OR LANGUAGE THAT THEY WOULD NOT COMMUNICATE IN A PUBLIC ARENA. Employees do not retain any right to privacy in any documents, messages or images they create, store, send or received on the computer or the internet under the Electronic Communications Privacy Act and any other state or federal law regarding e-mail and internet use. Employees do not have a personal privacy right in any matter created, received or sent from the town’s e-mail system.
(17) Prohibited uses of internet and e-mail. The following prohibited uses of the internet and e-mail apply to use before, during and after work hours.
(a) Offensive material. Intentional use of internet resources or e-mail to view, access, process, upload, download, distribute or print illegal, violent or obscene material, inappropriate text or graphic files is prohibited. The display or transmission of illegal images including child pornography is prohibited. The display or transmission of violent or sexually-explicit images, messages or cartoons or any transmission that contains ethnic slurs, racial epithets or anything that may be construed as harassment or disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religious or political beliefs is not permitted at any time. The town will cooperate in the investigation and/or prosecution of any employee found to be accessing or viewing illegal material.
(b) Political or religious solicitations, promotions, advertisements. No one may solicit, promote or advertise any political or religious organization or other personal causes, product or service through the use of electronic mail or anywhere else on town premises.
(c) Business solicitations, promotions and advertisements. No one may solicit, promote or advertise any business, product or service through the use of e- mail or the internet. This includes solicitations or advertisements for personal business ventures (for example: rental of your apartment, selling cosmetics, buying your used car, etc.). Use of network resources for commercial use or profit is prohibited.
(d) Engaging in gambling. Gambling, even where legal, is not permitted at any time.
(e) Disguising employee’s identity. In the course of utilizing the town’s internet system, the employee may not disguise his or her identity or the origin of any transmission over any of the town’s communications systems.
(f) False and other improper materials. Transmissions of material that is false, misleading, derogatory, profane, vulgar or sexually explicit or any other material that would be offensive or harassing to the average person is strictly prohibited.
(g) Unauthorized access. Employees shall not use the town’s computer network to obtain or attempt to obtain unauthorized access to or unauthorized use of resources, whether within the town or elsewhere. These resources include, but are not limited to, computer accounts, messages, programs and data files.
(C) Violations of the town’s telephone, internet, electronic mail and computer usage policy. The town will periodically and without notice to employees monitor the employee’s usage of town telephones, town computers, the town’s internet connection and the e-mail system. Any violations of the foregoing policies will be reported to the town. The attorney for the town shall address the violations with the Supervisor who is responsible for the employee in question. The town shall take corrective action against any employee found to have violated these policies, including discipline or discharge.
(D) Use of vehicles and equipment.
(1) Town’s equipment and vehicles are essential tools in accomplishing an employee’s job duties. When using property, employees are expected to exercise care, perform required maintenance and follow all operating instructions, safety standards and guidelines. The Town Council must approve all vehicle purchases or acceptance of donations.
(2) Please notify the Supervisor if any equipment, machines, tools or vehicles appear to be damaged, defective or in need of repair. Prompt reporting of damages, defects and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. The Supervisor can answer any questions about an employee’s responsibility for maintenance and care of equipment or vehicles used on the job.
(3) Employees operating town vehicles shall maintain the ability to legally operate assigned vehicles. Employees who operate town vehicles are required to notify their supervisor in the event that their driver’s license is suspended or revoked. An employee’s failure to notify their supervisor of a driver’s license suspension or revocation is subject to disciplinary action up to and including discharge.
(4) Each occupant of a town or personal vehicle while on town business must wear appropriate seat belts and shoulder harnesses (if so equipped). Each employee is personally responsible for any fines incurred as a result of driving or parking violations. In addition, no employee is permitted, under any circumstances, to operate a town vehicle or personal vehicle for town business when any physical or mental impairment causes the employee to be unable to drive safely. This prohibition includes, but is not limited to circumstances in which the employee is temporarily unable to operate a vehicle safely or legally because of illness, medication or intoxication.
(5) The driver of a town vehicle shall obey all traffic and safety laws, except for fire and law enforcement personnel engaged in the performance of their duties as set forth in I.C. 9-21-1-8. Improper, careless, negligent, destructive or unsafe use or operation of equipment or vehicles, as well, as excessive or avoidable traffic and parking violations, can result in disciplinary action, including discharge.
(6) Vehicles owned by the town shall be used for town business only. All town employees are prohibited from using town vehicles for personal use. Only those employees assigned take-home vehicles by the Town Council are authorized to use town vehicles for commuting purposes. In such cases, incidental non-business stops (such as stopping for lunch between two town business stops) are permissible. The town follows the regulations set forth by the Internal Revenue Service regarding taxable fringe benefits. Employees shall contact their supervisors with questions about the manner in which those regulations are applied. Each employee assigned a take home vehicle should make sure he or she knows and understands the regulations and how they apply to the employee.
(7) A town vehicle may be used only by the employee to whom it is issued or by other employees of the town who use it for departmental business. All use by non- employees (including friends and family members) is prohibited.
(8) Except for official town business or as provided in any special policies or procedures that supersede this policy, town owned vehicles shall not be driven out of the state unless authorized by the Town Council.
(9)
Maintenance, repairs and fueling of motor vehicles shall be done by the town. Each department is responsible for maintenance for their vehicles and equipment.
(10) Personnel that are exempt from § 36.136(D)(6) are all police personnel, fire department chief officers and or their designee who have been issued take-home vehicles are considered to be on call 24 hours a day, seven days a week for emergency purposes and shall respond to emergency situations. Exempt personnel who are issued take-home vehicles may exercise de minimis use of vehicles assigned as take-home vehicles for reasonable and limited personal transportation. Exempt personnel may use a take-home vehicle to drive to and from other employment, but may not use the vehicle to perform substantial duties at that employment. Exempt personnel may not use take-home vehicles for vacation travel.
(11) Employees who violate these provisions shall be subject to discipline, up to and including termination.
(E) Use of cellular or mobile phones and pagers.
(1) The use of personal cellular/mobile phones and/or pagers during work hours should be limited in frequency and duration.
(2) Employees may use personal cellular/ mobile phones during meal breaks in locations that do not pose a disruption to others.
(3) Employees using personal or town-issued cellular/mobile phones or pagers excessively during work hours will be subject to appropriate disciplinary action.
(4) Personal and town-issued cellular/ mobile phones should be turned off during meetings and training courses, except in circumstances when it is absolutely necessary to take an urgent phone call. In these circumstances, it is courteous to alert others in attendance to the fact that such a call is expected.
(5) Employees shall report to their supervisor any personal use, and shall reimburse the town for charges resulting from any personal use of town-issued cell phones.
(6) The Marshal and Fire Chief shall determine the appropriate times for police officers and firefighters to use their personal cell phones.
(F) Use of cellular or mobile phones and electronic devices while driving.
(1) The use of cellular or mobile phones and electronic devices while driving may present a hazard to the driver, other employees, and the general public.
(a) This policy is meant to ensure the safe operation of the town's vehicles and equipment, and the safe operation of private vehicles while an employee is on work time conducting town business.
(b) This policy applies to all uses of cellular and mobile phones and communication devices, including but not limited to, computers, text messaging, e-mail, electronic calendars, multi-media devices, and printers.
(c) Employees shall adhere to all federal, state or local rules and regulations regarding the use of cellular and mobile phones while driving.
Accordingly, employees shall not use cellular or mobile phones if such conduct is prohibited by law, regulation or other ordinance.
(2) Employees should, if at all possible, refrain from using handheld cellular or mobile phones for business purposes while driving. Should an employee need to make or receive a business call while driving, he or she should attempt to locate a lawfully designated area to park and make or receive the call.
(3) Employees may use hands-free cellular or mobile phones to make or receive business calls whenever possible. Such calls should be kept short, and should the circumstances warrant (such as heavy traffic or inclement weather), the employee should locate a lawfully designated area to park to continue the call.
(4) This policy shall not apply to the town's police officers, who may use mobile data terminals and department-issued cell phones while in their squad cars.
(G) Use of town credit cards.
(1) The town adopted Ordinance 05-05 to govern the use of town-issued credit cards.
(2) Town employees may be issued town credit cards for travel-related expenses associated with attending conferences, workshops, and business meetings or other work-related expenses incurred on behalf of the town.
(3) Town credit cards are for business use only and may not be used for personal purchases. Other examples of specifically prohibited uses include the purchase of alcohol and/or movies and entertainment.
(4) Town-issued credit cards are the property of the town and employees are required to return credit cards to the Clerk upon termination. If a card is lost or stolen, the employee should report the missing card immediately to his or her supervisor, who should in turn report the missing card to the Town Clerk/Treasurer.
(5) Violations of this policy are subject to disciplinary action, up to and including termination.
(Ord. 05-04, passed 2-28-2005; Am. Ord. 07-12, passed 11-26-2007; Am. Ord. 2012-06, passed 1-23-2012; Am. Ord. 2018-19, passed 8-27- 2018)