254.37 USE OF COMPUTER EQUIPMENT AND ELECTRONIC COMMUNICATION SYSTEMS.
   (a)   Coverage and Policy Violation.
      (1)   The City of Olmsted Falls relies on its computer network to conduct its business. To ensure that its network and computing resources are used properly by its employees, independent contractors, agents and any other user, the City of Olmsted Falls has created this computer network use policy (hereinafter "policy").
      (2)   The rules, guidelines, policies and obligations described in this policy apply to all City of Olmsted Falls employees, independent contractors, agents and any other individual (hereinafter "users") granted access to the City of Olmsted Falls' computer network.
      (3)   Violations of this policy will be treated seriously and may result in disciplinary action, including but not limited to termination, and civil and criminal liability. It is each and every user's obligation and duty to use the computing and network resources responsibly, professionally, ethically and lawfully. Use of the computer network is a privilege that can be revoked at any time.
      (4)   This policy may be revised and/or amended at any time as needed due to changes in technology, business activities and/or as mandated by law. Users will be provided with a copy of all amendments and/or revisions.
   (b)   Definitions.
      (1)   "Computer" means a device that accepts, processes, stores, retrieves or outputs data, and includes but is not limited to auxiliary storage and telecommunications devices connected to computers.
      (2)   “Computer network" or "network" means a set of interconnected devices, including but not limited to computers, printers, modems, switches, repeaters, routers, and servers, that exchange information using standard communications protocols agreed upon by all of the devices. The computer network also includes but is not limited to all external networks such as the internet, bulletin boards, cris and leads.
      (3)   "Computer program, or program" means a series of coded instructions or statements in a form acceptable to a computer that causes the computer to process data and supply the results of the data processing. Programs also include the computer operating system, the computer network operating system and any device drivers and any software.
      (4)   "Data" means a representation of information, knowledge, facts, concepts, images or instructions, including program documentation that is prepared in a formalized manner and is stored or processed in or transmitted by a computer. Data shall be considered property and may be in any form including, but not limited to printouts, magnetic or optical storage media, punch cards, floppy disks or data stored internally in the memory of the computer.
      (5)   "Property" in the context of this policy means electronic impulses, electronically produced data, confidential, copy righted or proprietary information, private identification codes or numbers that permit access to a computer by authorized users; programs or software in either machine or human readable form, or any other tangible or intangible item relating to a computer or any part thereof.
      (6)   "Access" means to use, instruct, communicate with, store data in, retrieve or interpret data from, or otherwise utilize any services of a computer.
   (c)   Expectations.
      (1)   The computer, programs, computer network or anything created on City time is City property. Therefore, each and every employee waives any and all rights for any data they create, store, send and/or receive on the computer or computer network.
      (2)   City employees are expected to use the computers and computer network for work purposes only. There will be no inappropriate or unlawful material viewed, copied, or sent to any other employee. This includes any material that could be considered fraudulent, harassing, embarrassing, sexually explicit, racially or ethnically offensive, profane, obscene, intimidating or defaming.
      (3)   Each City employee is responsible for his or her individual password. This password does not imply privacy; the mis authorized contractors, Mayor or designee may access or monitor all network or computers at any time for the purpose of administration and maintenance. A City employee may not access another's computer unless given permission by department supervisor.
   (d)   Computer Programs.
      (1)   Program copyrights - federal and international copyright laws protect computer programs from illegal copying and distribution. Therefore, computer and network programs may only be used in compliance with the terms of their respective license agreements.
      (2)   Program usage - programs are provided to each user for use in the performance of their work. Users are prohibited from any of the following actions with respect to programs owned by the City of Olmsted Falls:
         A.   Making and/or providing a copy of a licensed program to an independent contractor, City of Olmsted Falls employee or any other third party.
         B.   Loading or placing a licensed program on a computer or network other than the computer or network to which the program is licensed.
         C.   Installing any program on a computer or computer network that is owned by the City of Olmsted Falls, except by an authorized City of Olmsted Falls authorized contractor, mayor or designee in the performance of their normal computer or network maintenance when adding or upgrading a program.
         D.   Downloading any program from the internet or any other external network to a computer or computer network that is owned by the City of Olmsted Falls without permission from the authorized contractor, Mayor or designee.
         E.   Modifying, revise, alter, transform, recast or adapt any program owned by the City of Olmsted Falls.
         F.    Reversing engineer, disassemble, and/or decompile any program.
   (e)   Electronic Mail (e-mail).
      (1)   Each user will be given access to the City computer network including the electronic mail or e-mail system. The e-mail system is for business use only. Use of the e-mail system for any of the following activities is strictly prohibited:
         A.   Creating, storing, sending, receiving, downloading, displaying, printing or otherwise disseminating data that is sexually explicit, profane, obscene, harassing, fraudulent, racially offensive, defamatory or otherwise unlawful.
         B.   Storing or disseminating commercial, union or personal advertisements, solicitations, promotions, destructive programs (e.g., viruses, self replicating programs, etc.), political information, or any unauthorized data.
         C.   Wasting computer or computer network resources by sending mass mailings, chain letters or otherwise creating unnecessary network traffic.
         D.    Violating any local, state or federal law.
      (2)   Treat e-mails as you would paper documents. Pursuant to the guidelines established by the Ohio Historical Society, State Archives of Ohio, under "Local Government Records Program" emails are subject to public records requests and must be retained and destroyed according to applicable record retention law.
   (f)   Internet Access.
      (1)   Internet access - Users may be provided with access to the internet to aid in the performance of their work activities. The internet can be a valuable source of information and research tool. However, use of the internet must be tempered with professionalism, common sense and good judgment.
      (2)   Disclaimer of liability. The City of Olmsted Falls is not responsible for any data viewed on or downloaded from the internet by users whether intentionally or unintentionally. The internet is a worldwide network that contains millions of sites and pages of information. Users are cautioned that many of these sites and associated pages may contain information, images or other data that is racially, sexually, religiously, ethnically and/or politically explicit and offensive.
      (3)   Games and entertainment software - Users may not use computers owned by the City of Olmsted Falls or the City of Olmsted Falls network to download games or other entertainment programs or data from the internet, to engage in games played on or over the internet, or to upload games or other entertainment programs or data to the internet.
      (4)   Data or programs that are fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating or otherwise unlawful or inappropriate shall not be downloaded from the internet, uploaded or transferred over the internet through the use of computer or network owned by the City of Olmsted Falls.
   (g)   Reporting Requirements.
      (1)   Any employee who has knowledge that another employee is inappropriately using it resources, must report this to his/her supervisor immediately.
         (Ord. 27-2011. Passed 4-12-11.)