(a) Purpose. This policy provides the guidelines for the use of the City of South Charleston's computers, and the use of the City of South Charleston's computer system by all City personnel. It governs the use of the City's computers, as well as the use of the City's computer system for emails, files, data, software, images, voice mails, text messages, electronic communications, and stored electronic communications. This policy also clarifies employee expectation of privacy as it relates to the workplace use of computers, emails, files, data, software, images, voice mails, text messages, electronic communications, and stored electronic communications.
To the extent that the City has issued cellular telephones, personally owned cellular telephones, personally owned computers, and other City issued or personally owned electronic devices that utilize the City of South Charleston's computer system for access to the intranet and/or Internet, this policy shall be fully applicable.
(b) Policy. It is the policy of the City of South Charleston to provide personnel with the tools they need to safely and efficiently do their jobs by leveraging technology to the maximum extent possible, while at the same time protecting the City's image and reputation. It is further the City's policy to educate and inform employees about the proper purposes for which the computer system may be used, and to set forth the criteria and grounds for which employees may be disciplined for improper use of the computer system.
(c) Definitions.
(1) Electronic device: A computer, cellular telephone, personal data assistant (PDA), pager, two-way paging device, iPad, iPod, nook, Kindle, or similar device capable of sending and receiving an electronic communication.
(2) Electronic communication: Any transfer of signs, signals, writings, images, sounds, data or intelligence that is created, sent, forwarded, replied to, distributed, broadcast, stored, held, copied, downloaded, displayed, viewed, read, printed, or otherwise transmitted in whole or in part by a wire, radio, electromagnetic, photo electronic or photo optical system. This term expressly includes, but is not limited to, emails, attachments to emails, text messages, recorded voicemail messages, web sites visited, computer files, and data files sent over the intranet or Internet, or sent by wired or wireless communication.
(3) Stored electronic communication: Any temporary or intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; any storage of an electronic communication for purposes of backup protection of such communication; and any other storage, retention, backup, or archiving of an electronic communication, whether accidental, incidental or purposeful, utilizing an electronic storage medium.
(4) Internet. The world-wide system of interconnected computer networks that consists of millions of private, public, academic, business, and government networks linked by a broad array of electronic and optical networking technologies.
(5) Intranet. The City's internal computer system and network.
(d) City Procedures.
(1) The City of South Charleston computer system, including all City computers and hardware, the intranet, and access to the Internet provided by the City, is owned by the City of South Charleston. The use of such systems, equipment and access is conditioned upon employee consent to the terms of this policy.
(2) The City of South Charleston computer system, City computers and hardware, the intranet, and access to the Internet provided by the City, may not be used by employees for personal gain, but rather is available to enhance the services that the City provides to the public.
(3) The City of South Charleston reserves the right to examine, monitor, intercept, review, copy, store, save, and forward to third parties any and all electronic communications sent or received over the City's computer systems, as well as any stored electronic communication or other files stored on a City computer, hard drive, memory device, or storage medium. The failure of the City to exercise its rights under this section, shall not constitute a waiver of these rights.
(4) Employees are advised that they have no expectation of privacy in any electronic communication, stored electronic communication, file, image, sound, message, web site visited, or other action or activity while working on a City owned computer, or while using any other computer, cellular telephone, or electronic device that is accessing the City computer system, including while accessing the Internet through the City computer system.
(5) Employees are advised that they have no expectation of privacy in any electronic communication, stored electronic communication, file, image, sound, or message contained on a portable memory device such as a hard disk, flash drive, memory card, CD-ROM, DVD, or other media that is attached to/accessible by a City computer, or is attached to/accessible by an electronic device that is accessing the City's computer system.
(6) Employees are further advised that no employee, including the department heads, has the authority to verbally alter the terms and conditions of this policy under any circumstance.
(7) Employees are responsible for any information that they view, access, generate or distribute through the City's computer system.
(8) Employees are required to prevent the unauthorized use of the City's computer system, and for that reason shall use password-protected screen savers or other appropriate techniques while away from their computer. Any use that occurs on an employee's workstation under that employee's login is presumed to be performed by that employee. Employees must log off the computer when not using it, and before leaving the computer unattended.
(e) Email.
(1) Only City personnel are allowed access to the employee's only e-mail system.
(2) Employees should not use their City e-mail account as their primary personal e-mail address.
(3) Incidental or occasional use of e-mail for personal reasons is permitted.
(4) The following e-mail activity is prohibited:
A. Accessing, or trying to access, another user's e-mail account.
B. Obtaining, or distributing, another user's e-mail account.
C. Using e-mail to harass, discriminate, or make defamatory comments.
D. Jokes, junk mail, chain letters and other non-work related items should not be sent or forwarded.
E. Transmitting City records within, or outside, the City without authorization.
F. Advertising political activities which benefit one political candidate or party.
G. Advertising purely commercial activities or events.
H. Any activities which are inconsistent with the mission of the City.
I. Any illegal activities.
(5) Employees are reminded that email messages may be subject to public disclosure under the Freedom of Information Act, and may be discoverable during litigation. Assume any email sent over the City's system will be viewed by the public.
(6) Employees are required to report inappropriate use of e-mail.
(7) Employees are not to delete emails unless and until authorized by each department's record retention policy. Emails that pertain to a matter under litigation shall be retained until such time as the department head or his/her designee authorizes the deletion in writing.
(f) Confidentiality. The City of South Charleston personnel routinely handle information that is considered to be confidential under Federal and state law. This includes information relative to incidents, investigations, patients, and employees, and may include confidential personal information, financial information, and medical information. The following conduct is prohibited when dealing with confidential information:
(1) Forwarding or sending confidential information to someone not authorized by law to receive it;
(2) Printing confidential information to a printer in an unsecured area where documents may be read by others;
(3) Leaving a computer unattended with confidential files logged on, accessible, or visible;
(4) Leaving computer disks or memory media with confidential data unattended, in easy to access places.
(g) Prohibited Activities. The following uses of the City of South Charleston's computer system are prohibited: Personal use of the City's computer system that interrupts City
business and that keeps an employee from performing his/her work.
(h) Email Retention Policy.
(1) Purpose. This Policy is intended to help personnel determine what information sent or received by email should be retained and for how long. The information covered in this policy includes, but is not limited to, information that is either stored or shared via electronic mail or instant messaging technologies. Questions about the proper classification of a specific email should be addressed through the chain of command. Questions about these guidelines should be addressed to the department head.
(2) Scope. This email retention policy is applicable to Business Correspondence and Ephemeral Correspondence.
(3) Policy.
A. Business Correspondence. All correspondence not considered Ephemeral Correspondence is considered to be Business Correspondence. Business correspondence shall be retained for at least the full retention period, or longer if subject to a litigation hold notice.
B. Ephemeral Correspondence.
1. Ephemeral Correspondence includes, but is not limited to, the following:
a. Personal emails (non-business, non-employee/coworker).
b. Spam, advertising, and commercial emails.
c. Routine notices about meetings, events or training.
d. Routine announcements.
2. Ephemeral correspondence shall be retained until read, and then destroyed at the discretion and need of the employee.
(4) Litigation Hold Notice. In the event that any email correspondence becomes relevant to litigation or possible litigation, the employee becoming aware of such relevance shall immediately inform their department head through the chain of command, and shall personally take such steps as are necessary to preserve and retain any relevant emails. Thereafter, the department head shall issue a "litigation hold notice". A "litigation hold notice” is a notice to key employees that certain evidence within their control may be relevant to a legal matter and must be preserved. Any email subject to a "litigation hold notice" shall be retained and preserved until such time as the “litigation hold notice" is rescinded. Upon the issuance of a “litigation hold notice”, the department head shall archive a copy of any and all correspondence subject to the notice.
(5) Enforcement. Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment.
(Ord. 2171. Passed 11-1-12.)
(Ord. 2171. Passed 11-1-12.)