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09-28-2010 CC Rpt A08 COUNCIL AGENDA STAFF REPORT CITY CLERK USE ONLY RECEIVED � "`sit,1:, MeetingDate: September 28. 2010 .144: 2010 SEP 20 PH 12= 50 .aiir,:,.t;; Public Hearing: 0 ""°"IITI`InIt, Discussion Item: ❑ / t. OF CITY CLERK Consent Item I �il"I�,C:"CHINO HILLS SEPTEMBER 21, 2010 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: AMENDMENT TO ADMINISTRATIVE POLICY NO. 5.8 — E-MAIL USE RECOMMENDATION: Amend Administrative Policy No. 5.8 — E-Mail Use. BACKGROUND/ANALYSIS: On July 13, 2004, the City Council adopted Administrative Policy No. 5.8 — E-Mail Use. The Policy was adopted in order to ensure that-the City's E-mail System is used for the conduct of City business, that E-mail adheres to records retention schedules, and the City is able to accurately and efficiently respond to Public Record Act requests and litigation discovery. The Policy provides clarification of what is allowable, as well as what is not allowable on the System. This amendment makes changes to the records management requirements contained in the original Policy. The original policy required all E-mails that were deemed official City records to be printed and filed in traditional paper file folders. This amendment adds a provision that allows staff the option to file official City records electronically in their Department's shared computer drive. The amendment also clarifies who is covered under the policy and how to determine if an E-mail communication is an official City record. This amendment also directs users not to store E-mails in archives, on USB drives, CDs, DVDs or forward E-mails that relate to City business to personal E- mail accounts in order to save them. Following adoption, training in the requirements and use of this Policy will be provided to all City staff. REVIEW BY OTHERS: The City Attorney, Information Technology Manager, and Administrative Policy Review Committee have reviewed the submitted policy. FISCAL IMPACT: None Respectfully submitted, Recommended by: .M. A / Michael S. F eag�r, City Manager Mary M (ccuffee, City Clerk CITY OF CHINO HILLS ADMINISTRATIVE POLICY GUIDELINES E-MAIL USE Date Adopted: 07/13/04 Date Revised: 09/14/10 Section: 5.8 1. PURPOSE To ensure that the City's E-mail System is being used for the conduct of City business, that E-mail adheres to records retention schedules, and to ensure that the City has the ability to efficiently and accurately respond to Public Record Act Requests. 2. RESPONSIBILITY 2.1 This policy refers to all users including: elected and appointed officials, employees, contractors, volunteers, interns, temporary employees, and others when they are conducting business on behalf of the City. 2.2 All users must recognize their own responsibility for the content and dissemination of their messages. This responsibility includes ensuring that all messages are accurate, courteous, and selective. 2.3 All users are responsible for knowing the content of the messages they receive and providing timely responses, for filing, and for disposing of their messages appropriately as described in this Policy. 2.4 All users need to keep in mind that all E-mail is recorded, along with the source and destination, and that deletion of E-mail messages may not result in all copies of the messages being deleted or destroyed. 2.5 All users should be aware that no electronic communication sent, received, or stored on the City's computer system, is private or confidential to the employee and employees should not have any expectation of privacy. All communications are subject to review, inspection, copying and disclosure by the City. 2.6 It is the responsibility of individual users, in conjunction with their Department Head, to determine if an E-mail is an official City Record that must be retained in accordance with the City's Records Retention Schedules. Revised: 1 E-Mail Usage Section 5.8 2,7 Individual System users will be held responsible for the transfer of official City records in E-mail format to paper format or saved to the appropriate electronic file folder, prior to the System maintenance deletion date. 2.8 Any employee who discovers potential criminal activity involving the use of any E-mail shall immediately report the activity to any Supervisor, Manager, Department Director, or to the City Manager either orally or in writing, A Supervisor, Manager, or Department Director who is notified of a complaint or otherwise becomes aware of a potential violation of this Policy shall immediately contact the City Manager or Assistant City Manager. 2.9 Misrepresentation, under any circumstance, of a user's true identity, is strictly prohibited. 2,10 Any abuse or violation of this policy will be investigated_and may be subject to disciplinary action, up to and including termination, and/or criminal penalties. Suspected criminal activities will be investigated by the appropriate law enforcement agency. POLICY 3,1 DEFINITIONS 3.1.1 "E-mail" means any Electronic Communication to or from any elected officials, employees, contractors, volunteers, and others when they are conducting business on behalf of the City. 3.1.2 "Public Record" as defined by California Government Code Section 6252 (e), includes any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. 3.1.3 "System" means the system of devices used by the City for the purpose of facilitating the transmission and storage of electronic information (including the E-Mail System, computer hardware, computer software, and all peripheral devices such as hard drives, disks, tapes, film, CDs, and PDA's). 3.1,4 "Writing" as defined by Government Code Section 6252 (f) explicitly includes, "any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail, or facsimile.... ". Revised: 2 E-Mail Usage Section 5.8 3.1.5 "AllUser E-mail" means any E-mail that is sent to the contact list named "AllUsers". This contact list includes all employees and City Council Members. 3.2 OFFICIAL USE 3.2.1 City provided E-mail is primarily intended for official and authorized purposes. 3.2.2 Racist, sexist, threatening, harassing, or otherwise objectionable language or mages are strictly prohibited. 3.2.3 Employees shall minimize the use of E-mail to transmit sensitive and confidential information, to the extent possible. Employees should maximize the use of telephone conversations, hard copy memorandums, or face-to-face conversations when transmitting confidential information. 3.2.4 Clearly identify all confidential writings by inserting the following paragraph at the beginning of the correspondence: CONFIDENTIAL COMMUNICATION "The information contained in this E-mail message is intended only for the use of the individual or individuals named, above. If the person actually receiving this message or any other reader of this message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you received this communication in error, please notify the sender immediately." 3.2.5 If confidential information is required to be retained it shall be clearly designated as CONFIDENTIAL in the appropriate filing system. 3.3. PERSONAL USE 3.3.1 Personal use of E-mail is a privilege, not a right. It is critical to remember that E-mail users must exercise common sense, good judgment, and propriety in the use of this taxpayer sponsored resource. 3.3.2 Personal use of E-mail should not impede the conduct of City business. Only incidental amounts of employee time — time periods comparable to reasonable coffee breaks during the day -- should be used to attend to personal matters. 3.3.3 Racist, sexist, threatening, harassing, or otherwise objectionable language or images are strictly prohibited. Revised: 3 E-Mail Usage Section 5.8 3.3.4 E-mail should not be used for any personal monetary, political or religious interests. 3.3.5 Employees should not subscribe to mailing lists or mail services strictly for personal use. 3.3.6 Personal E-mail should not cause the City to incur a direct cost in addition to the general overhead of E-mail. (An example of a direct cost would be printing a personal E-mail) 3.3.7 It is a violation of City Policy for any employee, including system administrators, supervisors, or programmers to use the electronic mail and computer systems for purposes of satisfying idle curiosity about the affairs of others or for obtaining access to the files or communication of others with no substantial business purpose or legal authority. Abuse of authority by accessing E-mail for such purposes is prohibited. 3.3.8 Unauthorized use of another emp oyee s passwofd for purposes of gaining access to that individual's E-mail is prohibited. 3.4 RECORDS MANAGEMENT REQUIREMENTS 3.4.1 Records retention, public access, and all other City policies and procedures apply to electronic records. 3.4.2 It is the content and function of an E-Mail message that determines the retention period for that message. The employee is responsible for making this determination in the same manner that US Mail/ paper interoffice mail is made. This includes E-mail that is sent, as well as E-mail that is received and attachments. All E-mail must be retained or disposed of according to the City's adopted Records Retention Schedules. The City Clerk can assist you in making such a determination. Users are encouraged to delete documents that are not otherwise required to be kept by law or whose preservation is not necessary to the discharge of duties or conduct of City business. The City's Records Retention Schedules state that the "Department that authors the document or receives the City's original document (from the outside)" is responsible for retaining correspondence. Therefore, if an employee is a "cc" on an E-mail, or the recipient of an E-mail from another employee, they can dispose of an E-mail as a copy or preliminary draft. Revised: 4 E-Mail Usage Section 5.8 3.4.3 The E-mail System is a transmission system for information, not a storage system. Because the E-mail system is not designed for long term storage, E-mail communications which are intended to be retained as an official record (those that have a material impact on the conduct of the public's business) should be printed out and the hard copy filed in the appropriate subject file, or saved in an electronic file folder. 3.4.4 Records created using the E-mail System should be saved for their approved retention period by printing the message and filing it in the appropriate hard copy file, or by saving it in an electronic file folder. 3.4.5 Records of a transitory nature (preliminary drafts) should be deleted as soon as their usefulness has expired. Examples of these types of messages would be transmittal E-mails, changes in meeting times or locations, internal meeting notices, routing slips, and information intended for personal use and not for City business. 3.4.6 In order to delete items from the City's E-mail it is necessary to also delete them from your individual deleted item folder. 3.4.7 E-mail messages that remain in E-mail In-boxes, Sent Items, and Deleted Items (not saved in an electronic file folder or paper file folder by the employee) will be automatically purged from individual computers on the 30th day after receipt, without any notification to employees, as they are deemed to be preliminary drafts not retained in the ordinary course of business. Users are encouraged to delete preliminary drafts as soon as they are not required. 3.4.8 Employees must not store E-mails in archives, on USB drives, CDs, DVDs or forward E-mails that relate to City business to personal E- mail accounts in order to save them. This Section does not apply to Human Resources investigations or disciplinary processes. 3.5 "ALLUSER" E-MAIL MESSAGES 3.5.1 Departments and individuals should be judicious in sending E-mail messages to the "AllUser" contact list on the City's System. Many recipients may consider the message to be annoying "junk mail" and may discard the message without ever reading it. At the very least a significant loss in productivity results from staff reading and purging such messages. Revised: 5 E-Mail Usage Section 5.8 As a general guideline, E-mail messages sent to "AllUsers" should be of sufficient importance to justify being sent as a memorandum if E-mail was not available. If the message is not sufficiently important to warrant an "AIIUser" E-mail, consider that it may be appropriate to submit to the Employee Blog. 3.5.2 Department Head approval is required prior to sending out an "AllUser" E-mail. 3.6 OUTSIDE ACCESS OF CITY E-MAIL 3,6.1 All Users are prohibited from accessing their City sponsored E-mail from a non-City owned device, unless permission is expressly given by the City Manager. Revised: 6 E-Mail Usage Section 5.8