§ 36.121 USE OF INTERNET AND ELECTRONIC MAIL (E-MAIL).
   (A)   (1)   Employees may be provided access to the internet and e-mail to assist them in the performance of their duties and such access is intended for business use. Violations of this policy may result in disciplinary action, up to and including termination. Violations of federal, state, or local laws resulting from the use of city information technologies will result in referral to the appropriate legal authorities. To ensure compliance with this policy, computer and e-mail use may be monitored.
      (2)   The city strives to maintain a workplace that is free of harassment and is sensitive to the diversity of its employees. Therefore, the city prohibits the use of information technologies such as computers, e-mail, and the internet, in ways that are disruptive, offensive to others, or harmful to morale. For example, the display or transmission of sexually-explicit images, messages, and cartoons is not allowed. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, jokes, or anything that may be construed as harassment or showing disrespect to others.
      (3)   Employees should immediately report any violation of this policy to their department head, the Mayor, City Attorney, or Board of Works. Questions concerning these policies should be directed to the employee’s department head and/or the Clerk-Treasurer’s office.
   (B)   Internet Access.
      (1)   Access to the internet is provided for business related purposes. Personal use of such equipment and software shall be limited in frequency and duration and shall not interfere with an employee’s assigned duties.
      (2)   The internet is a worldwide network of computers containing millions of pages of information and many diverse points of view. Due to its global nature, users of the internet may encounter material that is inappropriate, offensive, and in some instances, illegal. The city cannot control the availability of this information or completely restrict access to it.
      (3)   Employees may only access the internet through an approved internet firewall. Accessing the internet directly, by modem or other connection device, is strictly prohibited unless such access is approved and installed by system managers designated by the city.
      (4)   The city will not be responsible for any damages, direct or indirect, arising out of the use of its internet resources. City employees who violate this policy are subject to disciplinary action, up to and including termination.
   (C)   Downloading From the Internet.
      (1)   All material downloaded from the internet or from computers or networks that do not belong to the city 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 department head and/or the Clerk-Treasurer’s office for the proper scanning process. Any questions should be referred to the department head prior to being placed on the computer system or being used.
      (2)   Employees are responsible for the material they review and download on the internet. Violations of this policy are subject to disciplinary action, up to and including termination.
   (D)   Electronic Mail (E-Mail).
      (1)   Employees should exercise the same care in drafting e-mail, communicating in chat groups and blogs, and posting items to news groups as they would for any other written communication. The city e-mail system is subject to public records laws and certain e-mails to and from city employees may be deemed public records.
      (2)   The e-mail system may be monitored when the city deems it necessary to ensure its legitimate business interest in the proper utilization of its property and to ensure that this policy is being followed.
      (3)   Violations of this policy are subject to disciplinary action, up to and including termination.
   (E)   Prohibited Uses of the Internet.
      (1)   (a)   Sending, receiving, displaying, printing, or otherwise disseminating material that is fraudulent, harassing, illegal, embarrassing, sexually explicit, obscene, intimidating, or defamatory is prohibited. Employees encountering such material should report it to their department head immediately. Employees are responsible for the material they review and download on the internet.
         (b)   Employees may not use city internet or e-mail resources for commercial or personal advertisements, solicitations, promotions, viruses, political material, or any other unauthorized personal use. City e-mail resources may not be used to forward chain letters. Employees may not disseminate city property or confidential information via the internet.
         (c)   Due to export restrictions, programs or files containing encryption technology are not to be placed on the internet or transmitted in any way outside the United States without prior written authorization from the city. Employees must comply with all software licenses, copyrights, and all other federal, state, and local laws governing intellectual property and online activity.
         (d)   The city maintains the right to monitor any and all aspects of its computer system, including, but not limited to, monitoring sites employees visit on the internet, monitoring chat and news groups and blogs, reviewing material downloaded or uploaded by employees, and reviewing e-mail sent and received by employees. Employees do not retain any right to privacy in any documents, messages, or images they create, store, send, or receive on the computer or the internet under the Electronic Communications Privacy Act and any other federal, state, or local law regarding e-mail and internet use.
         (e)   Violations of this policy are subject to disciplinary action, up to and including termination.
      (2)   Any message or file created, stored, and/or sent using the city’s computer or communications equipment is city property. Employees should have no expectation of privacy in any message stored, received, or sent using city equipment.
(Ord. 2018-16, passed 1-7-19)