252.08 E-MAIL, INTERNET AND VOICE MAIL USAGE POLICY.
   (a)   Purpose. The purpose of this policy is to ensure the proper use of the Village of Yellow Springs' information systems. All electronic mail (e-mail) messages, Internet history, voice mail messages and all other information contained in the Village's computer and information systems (all of which shall be referred to as “information systems”) are the property of the Village of Yellow Springs to assist in Village business. No employee should have any expectation of privacy in anything the employee creates, stores, sends or receives on the Village's information systems.
   (b)   General Guidelines. In order to establish and communicate overall guidelines and general business practices to be adhered to in the usage of Village-supplied e-mail, Internet, and voice mail services, appropriate usage guidelines have been established and are as follows:
      (1)   All e-mail should be composed with the knowledge it is not private and the potential of widespread distribution or duplication exists. All communications may be monitored without notification at any time.
      (2)   Communications should be constructed in a professional business manner, with the understanding that such communication may be redistributed to others and may be considered public records.
      (3)   Village security policies, procedures and guidelines for distribution of confidential information fully apply to electronic distribution of the same.
      (4)   Personal e-mails should be avoided. While it is recognized that some personal e-mails may be necessary from time to time, employees must keep personal e-mails to a minimum number as well as a minimum duration. Employees should limit the sending and/or receiving of personal e-mails to break periods, to the maximum extent possible. Employees are encouraged to notify their supervisors before making personal e-mails to facilitate operational needs.
      (5)   The Village will monitor its e-mail system and voice mail system, including an employee's mailbox, at its discretion in the ordinary course of affairs. Please note that the Village may access and disclose messages sent over its e-mail system and/or voice mail system, including both work-related and non-work-related messages.
      (7)   The existence of passwords and “message delete” functions do not restrict or eliminate the Village's ability or right to access electronic communications. The delete function does not eliminate the message from the system.
      (8)   Employees shall not share an e-mail, Internet, or voice mail password, provide e-mail, Internet, or voice mail access to an unauthorized user, or access another user's e-mail or voice mail box without authorization.
      (9)   Global e-mails require prior approval by an employee's supervisor.
      (10)   Unless authorized by the employee's supervisor in connection with the employee's duties, reference, usage or practice of the following topics within the contents of covered electronic mail or voice mail is a violation of Village policy:
         A.   Usage of insensitive language or profanity.
         B.   Insensitive or callous references to race, gender, religion, national origin, or disability.
         C.   Messages intended to influence or persuade non-work-related views or ideas upon others.
         D.   Solicitation of independent commerce.
         E.   Sexually explicit verbiage.
         F.   Messages or portions thereof, directed towards abusive or illegal activity.
         G.   Messages or portions thereof containing libelous or defamatory remarks.
         H.   Usage of a false identity, or any attempt to forge or attempt to forge an e-mail or to disguise one's identity when sending e-mail.
   If an employee receives any e-mail that a reasonable person would consider questionable under this policy, the employee must promptly notify his or her supervisor.
   (c)   Internet Usage.
      (1)   The Village's employees have similar responsibilities with respect to their use of the Internet. Employees are required to, without limitation:
         A.   Obey all local, State, and Federal laws.
         B.   Never share passwords, account numbers, authorization codes, etc. with anyone.
         C.   Do not knowingly degrade the performance of the Village's computer system.
         D.   Consider any material copied from the Internet as copyrighted. Obtain owner's permission for further use.
   (2)   Unless authorized in advance by an employee's supervisor in connection with an employee's duties, employees shall not:
         A.   Modify or tamper with Village computer systems and/or configuration.
         B.   Access pornographic, profane or sexually explicit web sites.
         C.   Conduct independent commerce for personal gain.
         D.   Transmit confidential information through the Internet.
         E.   Gamble.
         F.   Participate in recreational games on the Internet.
         G.   Participate in non-work related “chat lines” on the Internet.
         H.   Browse and display Internet sites containing material that could result in sexual harassment or ethnic prejudice charges against the user or the Village.
         I.   Knowingly or carelessly accept or propagate computer viruses.
   (d)   Records Retention. E-mail is a means of transmission of messages or information. The retention or disposition of e-mail messages must be related to the information they contain or the purpose they serve. The content, transactional information, and any attachments associated with the e-mail are considered a record if they meet the criteria of Ohio's Public Records Act, Ohio R.C. 149.01(G). The content of e- mail messages may vary considerably. Therefore, this content must be evaluated to determine the length of time the e-mail must be retained. Employees who have any doubt regarding the status of any e-mail as a record or regarding the appropriate retention period should consult their supervisor.
   (e)   Disclaimer. All e-mail messages must be appended with the following disclaimer:
If you have received this e-mail in error, please notify the system manager. Please note that any views or opinions presented in this e-mail are solely those of the author and do not necessarily represent those of the Village government.
   (f)   Penalty. Any employee who violates this policy shall be subject to discipline, up to and including termination.
   (g)   Declaration. Village employees shall sign the following declaration, acknowledging that they have read and understand the Village's E-mail, Internet and Voice Mail Usage Policy:
   Declaration
   I have read and agree to comply with the guidelines set forth in this policy and understand that failure to do so may result in disciplinary action, up to and including termination, and/or legal action.
                                                                  
Employee Signature
                                                                  
Print Name
                              
Date
(Ord. 2004-3. Passed 2-2-04.)