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Lake County, IN Code of Ordinances
LAKE COUNTY, INDIANA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 3.4 COMPUTER POLICY
   (A)   The County's computer system provides a vital role in the efficient, day-to-day operations of County government. The system includes computer hardware, software and an electronic mail messaging (e-mail) system. In light of the critical role that the computer system plays, a number of important points regarding the use of the system are outlined below:
      (1)   The County's computer system and Internet access is designed to improve efficiency in the workplace. The system should be used for official purposes that assist in the conduct of business within the County. Use of the Internet for personal use should be kept to a minimum.
      (2)   Computer documents composed, sent, or received on the County's computer system are the property of the County and are not the private property of any employee.
      (3)   As is the case with any other system or property belonging to the County, the computer system and the Internet shall not be used to create, send (transmit) or receive (download) any offensive or disruptive messages, including those which are considered offensive or which contain sexual implications, racial slurs, gender-specific comments, or any other comment that offensively addresses someone's age, sexual orientation, religion, national origin, or disability.
      (4)   Copyrighted materials, trade secrets, proprietary financial information, or other protected or confidential materials should be safeguarded and not reproduced without prior authorization.
      (5)   Given the uncertain nature, accidental access to obscene or inappropriate websites may occur. In those circumstances, the employee should immediately report the accidental access to his/her department head. Failure to report accidental access may result in disciplinary action.
      (6)   Since the County is a public entity that conducts business for the public good, it reserves the right to review, audit, intercept, access and disclose all messages or materials created, received or sent over the County's computer system or the Internet for any purpose. Any files, including e-mail may be reviewed/disclosed by the County without the permission of the employee.
      (7)   The confidentiality of any computer document should not be assumed. Even when a computer document is erased, it is still possible to retrieve and read that computer document.
      (8)   All passwords, except those maintained by the County's appointed and elected officials must be disclosed to Department Heads and to the appropriate elected official.
      (9)   E-Mail and Internet are intended to be used for business purposes. In the event that personal use occurs, that usage must not interfere with business activities, must not involve solicitation, must not be associated with any “for personal profit” outside business activity and must not potentially embarrass the County Government, its taxpayers or its employees. Because e-mail is being generated for County business, the user should realize that their e-mail files are not private.
      (10)   Although the County reserves the right to retrieve and read any documents, files or directories, these documents and sites should be treated as confidential by other employees and accessed only by the intended recipient. Employees should not attempt to gain access to another employee's computer documents without the latter's permission. Employees are not authorized to retrieve or read any computer documents that are not sent to them. Any exception to this policy must receive prior approval by the appropriate elected official.
   (B)   Any employee who discovers a violation of this policy shall notify their department head or the appropriate elected official. Any employee, who violates this policy or uses the County's computer system for improper purposes, shall be subject to corrective action, up to and including discharge.
§ 3.5 SOCIAL MEDIA.
   (A)   Discussion, debate and sharing one's opinion occur in many forms and forums including online conversations. Social media is defined as media designed to be disseminated through social interaction, created using highly accessible and scalable publishing techniques. Examples include, but are not limited to, LinkedIn, Twitter, Facebook, YouTube and MySpace.
   (B)   Given the growing popularity of online media, Lake County Government has developed a series of guidelines to assist its employees when engaging in such forums and discussions. The guidelines are intended to assist employees both when participating personally, as well as when acting on behalf of the County.
      (1)   Protect Confidential and Proprietary Information: Do not post confidential or proprietary information about the organization, clients or vendors. Never violate federal law such as HIPAA (Health Insurance Portability and Accountability Act). Employees who share confidential information do so at the risk of disciplinary action or termination.
      (2)   Respect Copyright and Fair Use: When posting, be mindful of the copyright and intellectual property rights of others.
      (3)   Don't Use Organization Logos: Do not use Lake County logos or any other images or iconography on personal social media sites. Do not use the County's name to promote a product, cause, or political candidate.
      (4)   Respect Time and Property: The County's computers and time on the job are reserved for work-related business.
      (5)   Think Twice Before Posting: Privacy does not exist in the world of social media. Consider what could happen if a post becomes widely known. Search engines can turn up posts years after they are created, and comments can be forwarded or copied. Exercise sound judgment and common sense, and if there is any doubt, DO NOT POST IT.
      (6)   Strive for Accuracy: Get the facts straight before posting them on social media. Review content for grammatical and spelling errors.
      (7)   Be Respectful: Understand that content contributed to a social media site could encourage comments or discussion of opposing ideas. Responses should be considered carefully in light of how they would reflect on the poster and/or the organization.
      (8)   Personal Sites: Identify views as personal and employees should refrain from identifying themselves as an employee of Lake County.
      (9)   Photography: Photographs posted on social media sites easily can be appropriated by others.
      (10)   Know that the Internet is Permanent: Once information is published online, it is essentially part of a permanent record, even if that information is “removed/deleted” later or an attempt is made to make it anonymous. If a complete thought, along with its context, cannot be squeezed into a character restricted space (such as Twitter), provide a link to an online space where the message can be expressed completely and accurately.
§ 3.6 TELEPHONE USE POLICY
   (A)   It is expected that personal telephone calls will be kept to a minimum. Our success is in large part dependent upon our ability to respond to the needs of our citizens promptly and efficiently. No long distance phone calls of a personal nature are to be billed to the County except those necessary due to emergency situations or to notify families of the need to work late (these calls should be kept to a minimum length).
   (B)   Employees who are issued County owned cellular phones may use the phones for business related use free of charge. The employee is responsible however, for reimbursing the County for any personal calls that are incurred.
   (C)   Under no circumstances should a telephone or other equipment owned by the County be used for political activity.
§ 3.7 CONFIDENTIALITY
   (A)   County employees work in an environment where the confidentiality of information regarding residents and employees must be preserved. Medical information or any information regarding fellow employees should always be considered strictly confidential. The discussion of confidential matters with other employees or in places where unintended parties can overhear such information is forbidden. The reproduction of written materials or accessing of unauthorized computer or electronic records is also forbidden. Departments are encouraged to require employees to sign a confidentiality agreement.
   (B)   At the same time, state law requires the release of information, including information regarding employees, to the public under certain conditions and procedures. Only authorized individuals shall handle requests for information.
§ 3.8 CUSTOMER SERVICE
   (A)   The County places a high value on providing quality services. Employees are expected to demonstrate a strong customer service orientation by treating customers in a courteous and respectful manner at all times. Customers include taxpayers, fellow employees and anyone who seeks the assistance of an employee of County government. Employees are encouraged to make suggestions regarding policies, procedures, and practices that will improve service.
   (B)   An employee who encounters a disruptive, abusive or difficult member of the public, should contact their supervisor for further guidance, direction and assistance.
§ 3.9 DRESS CODE
   (A)   As servants of the public, employees must dress in a manner and appearance that reflects professionalism.
   (B)   Those employees who are seen by and come in contact with the public are expected to dress with the same or higher expectations as associated with the private sector. Although requirements may be established by individual departments and approved by the appropriate elected official, employees should always dress in a manner that is appropriate for work and not distracting or unprofessional.
   (C)   Attire that is distracting to other employees, such as revealing or excessively tight-fitting clothing, clothes that are not clean or torn, or clothing that displays logos or wording that might be viewed as offensive or inappropriate by other employees or the general public should never be worn.
   (D)   Uniformed Employees - Employees who are furnished uniforms, including shirts or partial uniforms, must wear the provided uniform attire each day when reporting to work and performing duties. Employees are also responsible for the care and maintenance of any uniform that is received.
   (E)   Casual Attire - Dependent upon the office holder or department head, a relaxed style of attire may be allowed as part of the regular dress for work or on certain days. Revealing, offending or distracting attire, jeans that are tattered, torn, faded or otherwise inappropriate may still not be worn.
   (F)   Field Assigned Employees - Employees who are regularly assigned to field duties must maintain a professional appearance when representing the County in the field.
   (G)   The aforementioned guidelines should be viewed as minimum standards. Employees should contact their department head for further details.
§ 3.10 OFFICE DECOR AND MAINTAINING WORK AREAS AND EQUIPMENT
   Employees are responsible for maintaining their work areas in a clean and orderly fashion. Untidy and disorganized work areas can lower productivity by making even simple tasks more difficult and may even contribute to workplace accidents. Pets are generally not allowed in the workplace unless medically required for assistance.
§ 3.11 DRUGS AND ALCOHOL: TERMINATION, DISCIPLINE, REHABILITATION
   (A)   The following activities present a threat to the safety, welfare and integrity of the County and its employees, and will result in an employee being discharged on a first offense:
      (1)   The unlawful manufacture, distribution, possession, consumption, or use of drugs or drug paraphernalia in the workplace or on County time and the use or consumption of alcohol in the workplace.
      (2)   The unlawful manufacture or distribution of drugs outside the workplace.
      (3)   The consumption of alcohol within four (4) hours prior to performing scheduled safety-sensitive functions. The term “scheduled” does not apply to an event where an off-duty employee is requested to perform work in the event of an emergency or call out. However, the employee retains the responsibility to notify his/her supervisor that consumption of alcohol has occurred rendering that person unfit for duty. Failure to notify one's supervisor may be cause for appropriate disciplinary action or termination.
      (4)   Refusing or failing to submit to an alcohol and/or a drug test.
      (5)   Refusing or failing to cooperate with the collection process during drug and/or alcohol testing.
      (6)   Attempting to contaminate a drug test.
   (B)   The following activities by County employees are prohibited and will result in a three step process as specified below:
      (1)   The unlawful possession, consumption, or use of drugs outside the workplace.
      (2)   Performing any job function with an alcohol concentration of 0.04 or greater, as determined by an evidentiary breath test.
      (3)   The use of alcohol within eight hours following an accident which requires an employee to be tested for alcohol, unless the employee has already taken a post-accident evidentiary breath test.
      (4)   Testing positive for a drug/alcohol test.
   (C)   A violation of the above prohibitions will result in the following consequences:
      (1)   If a first offense occurs, an employee will be required to participate in a rehabilitation program selected, provided and paid for by the County (through any combination of insurance and County subsidy). In addition to the rehabilitation program, the County will assume the cost of follow-up testing as well as continued regular pay for the employee. Should the employee fail to participate or complete the program, he/she will be subject to immediate termination.
      (2)   For a second offense, the employee is subject to a thirty (30) calendar day suspension without pay and is required to pay the cost (except any portion covered by insurance) of and attend an appropriate rehabilitation program selected by the County. The employee will also be responsible to pay all costs of any follow-up drug and alcohol testing as required by the County. Should the employee fail to participate or complete the program, he/she will be subject to immediate termination.
      (3)   For a third offense (or positive result on a drug and alcohol test), the employee will be terminated.
   (D)   An on-call employee is subject to reasonable suspicion and drug and/or alcohol testing if, when responding to a call, a trained supervisor reasonably concludes that objective facts may indicate prohibited drug and/or alcohol use. Appropriate discipline (as described in this policy) shall apply.
§ 3.12 OUTSIDE EMPLOYMENT
   (A)   Employees have the right to work another job or career provided that it does not interfere with the employee's duties with the County and does not create a conflict of interest. The following would constitute “interference” with an employee's duties:
      (1)   The conducting of private outside employment during employee's regular work hours.
      (2)   Repeated tardiness or absenteeism due to outside employment.
   (B)   At no time may County resources be used to further private outside employment.
§ 3.13 EMPLOYEE ETHICS
   (A)   Citizens, businesses and visitors alike look to government to be a model example of an ethical organization. First and foremost we must embrace the concept that the general public will have confidence that the conduct of County business is always conducive to the public good.
   (B)   Conflicts of Interest - No County employee shall engage in any act which is in conflict or creates an appearance of fairness, or conflict with the performance of official duties. An employee shall be deemed to have a conflict if the employee:
      (1)   Has any financial interest in any sale to the County of any goods or services in which such financial interest was received with prior knowledge that the County intended to, purchase the property, goods, or services.
      (2)   Solicits, accepts, or seeks a gift, gratuity, or favor from any person, firm, or corporation involved in a contract or transaction which is or may be the subject of official action by the County.
         (a)   Recognizing that personal friendships often precede and can evolve from official contact between employees and persons engaged in business with the County, reasonable exceptions to this section are permitted for those occasions which are social in nature and are not predicated on the employee's ability to influence, directly or indirectly, any matter before the County.
         (b)   The employee will be guided in interpretation of this section by the distinction between a gift, gratuity, or favor given or received which has significant monetary value and is offered or accepted in expectation of preferential treatment, and an expression of courtesy. Examples of acceptable courtesies include: a meal or social event; exchanges of floral offerings or gifts of food to commemorate events such as illness, death, holidays, and promotions; a sample or promotional gift of nominal value ($100 or less).
      (3)   Participates in his/her capacity as a County employee in the issuing of a purchase order or contract in which he/she has a private pecuniary interest, direct or indirect, or performs in regard to such contract, some function requiring the exercise of discretion on behalf of the County.
      (4)   Engages in, accepts employment from, or renders services for private interests for any compensation or consideration having monetary value when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence of judgment or action in performance of official duties, or give the appearance of the above. An employee should not make a unilateral decision if there is any doubt about his/her private employment. The appropriate elected official's office should be consulted.
      (5)   Except for courtesies as provided in item (2) above, no employee shall, directly or indirectly, give or receive or agree to receive any compensation, gift, reward, commission or gratuity from any source except the County for any matter directly connected with or related to his official services as such employee with this County.
      (6)   Discloses or uses without authorization, confidential information concerning property or affairs of the County to advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the County.
      (7)   Have a financial interest or personal interest in any legislation coming before the County Council and participates in discussion with or gives an official opinion to the County Council unless the employee discloses on the record of the Council the nature and extent of such interest.
   (C)   Use of Public Property
      (1)   No employee of the County shall request, use, or permit the use of County owned vehicles, clothing, equipment, materials, unpublished information or other property for unauthorized personal convenience, for profit, for private use, or as part of secondary employment. Use of such County property is to be restricted to such services as are available to the County generally and for the conduct of official County business (See “Care For County Property Policy” [this section] for specific information). Telephones and fax machines serve as important tools and need to be used for official business; personal calls should be kept to a minimum (See “Telephone Use Policy” [this section] for specific information).
      (2)   Authorized personal uses include taking an assigned County vehicle to lunch, on workdays as needed. Use of County issued cellular phones for personal calls providing those calls are reimbursed to the County, and other nominal personal uses as permitted by the appropriate elected official on a case-by-case basis.
   (D)   Political Activities Conducted On Government Time
      (1)   Political activity on government time is strictly prohibited. This prohibition includes, but is not limited to: soliciting contributions or anything of value for a political candidate or cause; distributing literature, badges, buttons, signs, or stickers promoting or opposing any political candidate or cause; and, organizing, planning, or in any other way participating in the administration of any political campaign, including speaking in favor of or in opposition to any political candidate or cause.
      (2)   Working time includes the working time of both the employee conducting political activities and the employee to whom such activities are directed, but does not include break, lunch, or other duty-free periods of time.
   (E)   Solicitation and Distribution
      (1)   Because solicitation and distribution activities may interfere with normal operations, reduce employee efficiency, inconvenience employees, annoy customers, and pose a threat to security, the County prohibits these activities on its premises by non-employees and only permits solicitation and distribution by employees under certain approved conditions where the County may authorize fund drives by employees on behalf of charitable organizations or for employee gifts. Employees are encouraged to volunteer to assist in these drives, but participation is entirely voluntary.
      (2)   Violations of this policy may result in disciplinary action. Ethics training is offered by the County Human Resources Consultant several times per year.
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