248.14   CITY iPAD USE POLICY AND iPAD DEVICE AGREEMENT.
   (a)   Purpose.
      (1)   Each member of City Council or any other City of New Carlisle Board, (individually referred to as "iPad user", collectively referred to as "iPad users") acknowledges and agrees that the provision and use of an iPad will assist the iPad users in the efficient performance of their duties and thereby improve their service to the public. Use of an iPad will also reduce paper and photocopying costs.
      (2)   This policy is adopted by the City Council and constitutes its mutual statement of what are and are not appropriate uses for this important technology tool.
      (3)   The explicit privileges and restrictions set forth in this policy do not attempt to cover every situation that may arise in connection with the use of this new form of electronic communication.
      (4)   iPad users acknowledge, understand and respect the underlying iPad, internet and usage philosophy that forms the basis of this policy, including the understanding that only City e-mail accounts will be used to conduct City business, and that the City will no longer provide paper meeting packets unless otherwise requested.
   (b)   Receipt of iPad.
      (1)   The City of New Carlisle Administration shall issue each iPad with a cover or case. Any additional iPad accessories, such as keyboards, styluses, screen protectors, cables or adapters, shall be at an individual iPad user's own expense and shall remain the property of that iPad userat the end of that iPad user's term and service.
      (2)   The iPad users have already or will each receive a separate e-mail account that shall be used to receive official City documents, including, without limitation, agendas, staff reports, packets and the like, and used by iPad usersto send all e-mails relating to City business.
      (3)   The iPad will serve as the iPad user's sole source of meeting packets because paper meeting packets will not be provided to the iPad users.
      (4)   iPad users will have access to the internet through the iPad. However, before being authorized to access and utilize City computer and iPad equipment for internet and e-mail communication, the iPad user shall sign the City's iPad Device Agreement, a copy of which is attached to Ordinance No. 2021-20, and also comply with this section of the New Carlisle City Ordinances (City of New Carlisle iPad Use Policy) and Chapter 246, Appendix E (Internet and E-mail Use Policy, a copy of which is attached to Ordinance No. 2021-20 as Appendix A).
   (c)   Care of iPad.
      (1)   iPad users are responsible for the general care of the iPad issued to them by the City.
      (2)   iPads that are broken or that fail to work properly must be taken to the City Manager, who will provide the device for an evaluation by the Bridge Group, or any other company qualified to perform the evaluation.
      (3)   iPads must remain free of any writing, drawing, stickers or labels that are not the property of the City. Only a clean, soft cloth should be used to clean the screen.
   (d)   Software on iPad.
      (1)   The software and applications installed by the City must remain on the iPad in usable condition and be readily accessible at all times.
      (2)   From time to time, the City may add or upgrade software applications, which will require iPad users to check their iPads for periodic updates and synching.
      (3)   Any software, e-mail messages or files downloaded via the internet into the City systems become the property of the City and may only be used in ways that are consistent with applicable licenses, trademarks or copyrights.
      (4)   Files from sources that an iPad user may have any reason to believe may be untrustworthy shall not be downloaded, nor shall files attached to e-mail transmissions be opened and read unless the iPad user has knowledge that they originate from a trustworthy source.
         A.   Downloaded files and attachments may contain viruses or hostile applications that could damage the City's information systems. iPad users will be held accountable for any breaches of security caused by files obtained for non-City business purposes.
         B.   If technical difficulties occur or illegal software is discovered, the iPad will be restored from backup. The City does not accept responsibility for the loss of any software or documents due to a reformat and re-image.
   (e)   Acceptable Use.
      (1)   The iPad, internet and e-mail access provided by the City are tools for conducting City business. Thus, iPad user utilization use of such tools will be primarily for City business related purposes, i.e., reviewing agenda materials, obtaining useful information for City related business, and conducting appropriate City related business communications.
      (2)   All of the City's computer systems, including the iPad, are considered to be public property.
      (3)   All documents, files and e-mail messages created, received, stored in, or sent from any City iPad are considered public records, subject to disclosure to the public pursuant to the Ohio Public Records Act, and are considered to be the property of the City of New Carlisle, Ohio.
      (4)   All existing City policies will continue to apply to iPad user conduct on the internet and in the use of e-mail, including, but not limited to, those that deal with misuse of City resources, sexual harassment, electronic communications, information and data security, and confidentiality.
         A.   iPad, internet and e-mail activities will be traceable to the City of New Carlisle, Ohio and will impact the City's reputation.
         B.   iPad users are to refrain from making any false or defamatory statements in any internet forum or from committing any other acts that could expose the City to liability.
      (5)   iPad users shall not use e-mail, instant messaging, text messaging or similar forms of electronic communications at any time during a meeting of the City at which he or she is in attendance. This limitation shall not apply to communications received from family members in the event of an urgent family matter. An iPad user wishing to respond to an urgent family matter during a meeting shall do so during a recess or shall excuse himself or herself from the meeting in a non-disruptive manner.
      (6)   iPad users shall not use the iPad in violation of the public meeting requirements of the Ohio Open Meetings Act.
      (7)   iPad users shall not use City issued iPads for operating a business for personal gain, sending chain letters, soliciting money for religious or political causes, or any other purpose that interferes with normal City business activities.
      (8)   iPad users shall not use City issued iPads for any illegal activity.
      (9)   iPad users shall not use City issued iPads to deliberately propagate any virus or other hostile computer program or file, to disable or overload any computer system or network, or to circumvent any system intended to protect the privacy or security of another user.
   (f)   Repairing and Replacing iPad.
      (1)   iPads that malfunction or are damaged must be reported to the City Manager.
      (2)   The City will be responsible for repairing iPads that malfunction.
         A.   iPads that have been damaged from misuse or neglect, or have been accidentally damaged by an iPad user will be repaired by the City, with the cost borne by the responsible iPad user in the sole and exclusive judgment of the City Manager after the City Manager receives a written recommendation regarding the damage from the Bridge Group or any other qualified company.
         B.   Damage includes, but is not limited to, broken screens, cracked plastic pieces, and inoperability.
         C.   If the cost to repair the iPad exceeds the cost of purchasing a new device, then the responsible iPad user shall pay the full replacement value.
         D.   If the iPad is stolen from or lost by an iPad user, then that iPad user shall pay an amount deemed appropriate by the balance of the City Council.
   (g)   Return of iPad.
      (1)   An iPad user shall return his or her iPad to the City Manager when that individual iPad user's term and service has ended.
      (2)   Upon return of the iPad to the City and following the preparation of any appropriate backup files, the iPad will be wiped clean of any and all information at the end of an iPad user's term and service, subject to the Records Retention Policy of the City of New Carlisle and/or any similar Ohio law.
   (h)   Compliance with Policy.
      (1)   The City reserves the right to inspect any and all files stored on iPads that are the property of the City to ensure compliance with this policy.
      (2)   iPad users do not have any personal privacy right in any matter created, received, stored in, or sent from any City issued iPad, and the City Manager is hereby authorized to institute appropriate practices and procedures to ensure compliance with this policy.
      (3)   Any violation of this policy may result in discipline as deemed appropriate by the balance of the City Council.
(Ord. 2020-07. Passed 2-18-20; Ord. 2021-20. Passed 7-6-21.)