§ 32.037 TECHNOLOGY RESOURCES POLICY.
   (A)   The city provides various information technology resources to its employees (and other authorized persons) to facilitate the creation and communication of business-related data in the most effective and efficient manner possible. As means develop to transmit more data in less time and with less formality, users must put more effort to maintaining the accuracy, security and control of data. Each user must ensure that use of city information technology resources is appropriate and professional. This is especially true because electronic communications tend to be more immediate and informal than written communications and because passwords and deletion functions create the illusion of privacy and control.
      (1)   Relatedly, although the Internet can be a valuable information resource for legitimate business, research and information sharing, it also presents a significant opportunity for abuse, lost productivity and potential liability for the city and its employees.
      (2)   In light of these concerns, the city has developed this policy, which establishes the parameters for proper use of information technology resources. The information technology resources are to be used for legitimate corporate purposes and in compliance with all city policies and procedures. Employees (and other authorized persons) who do not comply with this policy are subject to the revocation of their access to city information technology resources and disciplinary action up to and including termination.
   (B)   Proper use. Other than occasional personal use of e-mail and internet access, city-provided technology resources may be used only for legitimate business-related communications. Occasional personal use means infrequent, incidental use that is professional and does not interfere with city business, the performance of the user's duties or the availability of technology resources. To the extent possible such use shall be restricted to meal periods and breaks. All use of city technology resources, including all personal use, is subject to this policy.
      (1)   Examples of appropriate Internet usage include:
         (a)   Communicating with fellow employees, supervisors, customers, vendors, and the public regarding business matters.
         (b)   Researching topics that are relevant to specific job requirements or city projects.
         (c)   Conducting other work-related activities.
      (2)   Examples of inappropriate Internet usage includes, but is not limited to:
         (a)   Visiting sites or transferring information that is considered obscene.
         (b)   Using e-mail or other communications as a form of harassment.
         (c)   Visiting social networking sites, dating sites, or any other site that is not related to the job being performed for an inordinate amount of time.
         (d)   Fundraising or political activities.
         (e)   Personal for-profit or commercial activities.
         (f)   Storing, viewing, or printing multimedia files (such as games, movie files, animations, pictures, graphics or other files) that are not directly related to an employee's job or business activity of the city.
   (C)   Data ownership. All data created, entered, received, stored, accessed, viewed or transmitted via city technology resources are city property, where permissible by law. The city has a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, distribute and incorporate all such data. Business-related data may neither be used for any purpose unrelated to city business nor sold, transmitted, conveyed or communicated in any way to anyone outside of the city without the city's express authorization.
   (D)   No privacy. Users have no expectation of privacy in connection with the use of city technology resources, including the creation, entry, receipt, storage, accessing, viewing or transmission of data.
   (E)   Monitoring. As with all other city property, the city will search, monitor, inspect, intercept, review, access and/or disclose all city technology resources and all data created, entered, received, stored, viewed, accessed or transmitted via those resources for any reason, at any time, and without further advance notice by persons designated by or acting at the direction of the city, or as may be required by law or as necessary for, or incidental to, auditing, security and investigative activities, and to ensure effective technology resource administration and policy compliance. For example, authorized persons will inspect the city's technology resources to investigate theft, the unauthorized disclosure of client confidences, attorney work product and proprietary information, misuse, and to assess internet use. The city will attempt to ensure that monitoring and inspections are conducted professionally. In this regard, no employee may monitor or intercept any data without the authorization of the City Manager or Mayor, or persons designated by them or acting at their direction or at the direction of the corporate authorities.
   (F)   Harassment. Users are absolutely forbidden from using the city's technology resources in any way that may be construed to violate the city's harassment-free workplace policy. This prohibition includes sexually explicit or offensive images, messages, cartoons, jokes, ethnic or religious slurs, racial epithets or any other statement or image that might be construed as harassment or disparagement on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, or any other status protected by law. Users are required to take all reasonable steps to avoid and eliminate receipt from known sources of all potentially offensive material.
   (G)   Improper use. City technology resources may not be used to intentionally or unintentionally violate any local, state, federal or international civil or criminal law. Users likewise may not upload, post, e-mail or otherwise transmit any data that is threatening, malicious, tortious, defamatory, libelous, obscene, or invasive of another's privacy. In addition, city technology resources may not be used to job- search outside of the city or run or solicit outside business ventures.
   (H)   Prohibited software. Software purchased and licensed for personal use may not be installed on city computers. The city periodically may, at any time, conduct an audit or interrogation of computers for installed software and related printed material that is not included on a then-current inventory of city-authorized software. All unauthorized software will be removed and destroyed.
   (I)   Proprietary rights. City technology resources may not be used to violate proprietary rights, including copyright, trademark, trade secrets, right of publicity or any other intellectual property rights. For example, unless consistent with all applicable licenses, users may not post or download any data (including software) protected by copyright or patent law. Likewise, users may load only licensed software from the internet or other source onto a city-provided workstation or laptop, provided that use of the software is consistent with the license and the original software license remains at the appropriate city office so that the city may conduct accurate audits (and respond to external audits). All software must be approved by the City Manager prior to downloading.
   (J)   Confidential information and use of intellectual property. Users may not leak, place, post, transmit or otherwise disclose confidential, sensitive and/or proprietary city information to any unauthorized city employee or anyone outside of the city by any means, at any time or for any reason.
   (K)   Passwords and security.
      (1)   All passwords and security used in connection with city technology resources, including voice mail access codes, are city property and must be made available to the city upon request. Users must understand that their use of passwords will not preclude access, monitoring, inspection, review, or disclosure by authorized city personnel. The city also may unilaterally assign and/or change passwords and personal codes. The security of city's technology resources is a serious matter and is every user's responsibility.
      (2)   Users are expected to follow any password and security complexity procedures provided by the City Manager. Users shall make every effort to secure their passwords and security codes and not share this information with other people, including fellow employees with the exception of city authorities as stated above. The city will not ask or require any employee or employment applicant to disclose user names, passwords or other login information to any personal accounts or services.
   (L)   E-mail retention. The city retains and archives every e-mail message sent or received by those with a city-issued e-mail account.
   (M)   Viruses. Users may not knowingly upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment.
   (N)   Misrepresentation of identity or data. Unauthorized access of e-mail, data, and use and/or disclosure of other users' passwords is strictly prohibited. For example, users are prohibited from accessing other users' files or communications without any legitimate business purpose (e.g., to satisfy idle curiosity or to "snoop"), regardless of the security designation assigned to a particular file or communication.
   (O)   General matters. City technology resources may not be used to transmit junk mail or spam (the same or substantially similar messages sent to a large number of recipients for commercial or other purposes unrelated to the city) or pyramid schemes of any kind, or to download or execute games. The city will not be responsible for any damages, direct or indirect, arising out of the use of its technology resources. The city may amend, revise or depart from this policy at any time, with or without notice.
   (P)   Acknowledgment. All employees who are authorized to use city technology resources must sign an Acknowledgment and Statement of Agreement. The City Clerk will retain the Acknowledgments in users' personnel files.
   (Q)   Termination of access at separation. Before each user's last day of employment, the employee shall return or otherwise surrender possession of all city technology resources (including computers, software programs, computer peripherals, electronically stored data [including all client confidences and/or attorney work product], data storage devices, keys, and written passwords) in his or her possession, custody or control. Upon separation of employment, the city will terminate user access to city technology resources.
   (R)   Social media.
      (1)   Social media is defined as a media outlet that allows users to generate their own content and share content while networking with other users. Social media is not strictly limited to the internet; however, internet-based social media sites present the best opportunity to reach a critical mass of residents and businesses.
      (2)   Generally, the only cost for the most basic social media programs is limited to the manpower needed to start and maintain them.
      (3)   Objective of the City of Farmer City social networking program: "To deliver City of Farmer City information to residents and businesses in a timely and engaging manner via relevant social networking tools."
         (a)   Information includes:
            1.   Public event information - dates, times, locations;
            2.   City meeting information and updates;
            3.   Photos from public events;
            4.   "Did you know..." information, services available, tools on the city website; and
            5.   Links to relevant pages of the city website or in the traditional media.
         (b)   Social media will not be used to share personal opinions, subjective information, political campaign information or political stands. The City Manager reserves the right to delete or remove inappropriate and/or offensive comments.
      (4)   Posting updates. The purpose of posting updates is to communicate useful, factual information regarding public events and information. The tone of updates on social media sites will strive to appropriately convey a feeling of excitement for upcoming events and general announcements. Public meeting updates will maintain a neutral, objective tone. Minimally, updates will be posted on a regular basis during the work week. Posting will be under user names that may include "Farmer City," "City of Farmer City," or "#CityofFarmerCity," et al.
      (5)   Posting update requests. Requests for posting updates on social media sites will be sent to the City Manager from the appropriate department director or their deputy or assistant. Requests will include relevant information (event name, date, time, location) and any photos, artwork, or logos associated with the request. Requests may also include a preferred number of announcements and timing (e.g., two weeks prior to the event, a week prior to the event, and the day of the event). Events will be posted on the city's website and relevant social channels throughout the week to avoid releasing information all at one time, and to keep information fresh.
      (6)   Fostering a dialogue. Considering the information posted on each of the sites is informational in nature and will not take on a political bias or tone, it is recommended comments be enabled unless conditions warrant that the comment feature be disabled. Municipalities with similar "fan pages" on Facebook have limited comments on their sites, and the comments are generally positive or neutral responses to event information. The City of Farmer City reserves the right to remove any comments received through social media channels that are found to be spam, obscene, malicious, threatening, hostile, overtly negative or destructive to the dialogue.
      (7)   Disclaimers. The Facebook user names will have disclaimers included that will direct individuals with questions to the city website and individuals with emergencies to 9-1-1. The disclaimer will be incorporated into the Facebook "city page".
      (8)   Employee usage.
         (a)   The city recognizes that social media creates opportunities for community engagement, interpersonal connection and self-expression, but it also creates risks and responsibilities. Everyone should assume that any use of social media, whether on a business or personal account, could be viewed by a colleague, supervisor, partner, supplier or member of the public. If any social media activity of an employee of the government adversely affects the employee's job performance, the performance of fellow employees or otherwise adversely affects the goals of the government, an employee of the government may be subject to disciplinary action up to and including termination.
         (b)   Disclosure of confidential government information, sensitive information or personal information relating to government officials and employees, or members of the public, is prohibited.
         (c)   It is requested that employees who identify themselves as employees of the city post a disclaimer on their own personal social media platforms that any posts or blogs are solely the opinion of the employee and not the employer.
         (d)   Personal use of social media in the workplace may be allowed within reasonable time limits so long as it does not adversely impact the government employee's job performance.
         (e)   As provided in division (D) of this section, city employees have no expectation of privacy when using the city's technology resources, including any use related to the employee's use of any social media platform.
      (9)   Policy violations. Access to and use of city technology resources is a privilege, not a right. Users who do not comply with this policy are subject to denial of access to city technology resources and disciplinary action up to and including termination.
(Ord. 1061, passed 4-5-21)