2004-R-04RESOLUTION NO. 2004-R-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA; MODIFYING THE PERSONNEL
POLICY AND PROCEDURE MANUAL BY AMENDING
SECTION XI (CODE OF CONDUCT), SUBSECTION 11.17
(USE OF E-MAIL, COMPUTERS AND PHOTOCOPIER);
REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY,
APPLICABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. An amended Personnel Policy and Procedure Manual was adopted pursuant to
Resolution No. 99-R-19 on November 15, 1999. Modifications to the Policy were adopted pursuant
to Resolution No. 2000-R-18 on December 4, 2000, Resolution No. 2001-R-06 on April 16, 2001
and Resolution No. 2002-R-23 on September 16, 2002.
2. Upon review of the current manual, Staff has recommended modifications to Section
XI (Code of Conduct), Subsection 11.17 (Use of E-Mail, Computers and Photocopier).
3. City Council and Staff have reviewed and determined the need to modify certain
sections in an effort to bring consistency to the policies and procedures relating to our employees.
NOW, THEREFORE, be it resolved by the City Council of the City of Edgewater, Florida:
Section 1. Section XI (Code of Conduct), Subsection 11.17 (Use of E-Mail, Computers
and Photocopier), which is attached hereto and incorporated herein as Exhibit "A", is hereby
approved.
Section 2. The City Manager is hereby directed and authorized to make certain that the
aforesaid Amendment is included as part of the City of Edgewater's personnel system,
2004-R-04 1
Administrative Code and Personnel Policy and Procedures Manual.
Section 3. Conflicting Provisions. All resolutions orparts ofresolutions in conflict
herewith be and same are hereby repealed.
Section 4. Severability and Applicability. If any portion of this resolution is for
any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect
the remaining portions of this resolution. If this resolution or any provisions thereof shall be held
to be inapplicable to any person, property, or circumstances, such holding shall not affect its
applicability to any other person, property, or circumstance.
Section 5. Adoption and Effective Date. This resolution shall take effect on
January 26, 2004.
AfterMotionby Councilwoman Lichter and Secondby Councilman Vincenzi ,
the vote on this resolution was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis A. Vincenzi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
2004-R-04 2
C
0
PASSED AND DULY ADOPTED this 26th day of January, 2004.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: A
Donald A. Schmidt
Mayor
Robid L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 266 day
of January, 2004 under Agenda Item No.
6 G .
2004-R-04
If.17 USE OF EMAIL. INTERNET. COMPUTERS/NETWORKS ANALOG
COMMUNICATION DEVICES AND PHOTOCOPIER
The intent of this policy is to identify the City's position concerning the security of our electronic
communication systems and the use of the Email, Internet systems, computers/networks, analog
communication devices and photocopiers by employees, supervisors and directors. Management has
the authority and responsibility for, and will, proactively enforce the security and integrity of these
systems. The use of the Internet and/or email for City functions has become critical to the daily
operations of the City, as well as, to members of the public who wish to obtain the information about
local government issues, projects, and services. Governmental organizations are increasingly using
email and Internet to increase employee efficiency and productivity, improve the quality of services,
and provide open access to public records. The use of email and/or Internet services is a vast
resource and a powerful and immediate communications tool that aids in the reduction of paper
communications. Conversely, unrestricted use of the Internet has the potential to adversely affect,
rather than enhance security and productivity.
A. Computers/networks, computer files, Email and Internet systems/software,photocopiers,
analog communication devices furnished to Employees are City owned property and
intended solely for business use. Personal use of City owned electronic communication
systems is not permitted. Employees should not use a password, access files, or retrieve
stored communications without authorization ofthe Management Information Specialist.
To ensure compliance with this policy, photocopies, analog communication devices,
computers/networks, Email and Internet usage may be monitored. Employees should not
therefore assume that electronic communications on City owned equipment are personal
and confidential and should be aware that they may be monitored and/or disclosed by the
City of Edgewater without the permission of the Employee. Electronic files and emails
on City owned equipment may be considered public records and subject to public record
statutes. It is the policy of the City that analog communication devices, photocopiers,
Internet and/or email systems accessed through the City network must be used in a
responsible, efficient, ethical and legal manner.
B. The City of Edgewater will maintain a workplace free of harassment and sensitive to the
diversity of its employees. Therefore, the City of Edgewater prohibits the use of
photocopiers, analog communication devices, computers/networks, the Email and
Internet system in ways that are disruptive, offensive to others, harmful to morale or
which could constitute unlawful sexual or racial harassment. Personal use of email and
the Internet systems shall be considered interference with the performance of an
employee's duties. Personal email or non work related email is considered email sent to
any origin that is personal in nature and has no relation to City operations, official City
business, or is made in connection with the official business of any public body, officer,
or employee of the City or persons acting on their behalf. Misuse of the City's electronic
communication systems will not be tolerated.
Revision January 2004
C. City employees are specifically prohibited from accessing City photocopiers, analog
communication devices, computers/networks, the Internet and/or email for the purposes
of engaging in the following activities:
a.. Receipt and dissemination of sexually explicit, hate oriented, religious, threatening
or illegal information, including offensive jokes or cartoons
b. Accessing any web site that promotes discrimination, hatred, or religious activities
c. Gambling
d. Promoting or endorsing outside business ventures
e Non work -related chat rooms
I. Play video type games during the City's regular business work hours
g. Engaging in unauthorized fund raising efforts or political activities (any fund raising
effort utilizing the Internet must be explicitly approved by the City Manager)
h. Downloading illegal or "pirated" software, incompatible software, games, audio, or
video files
i. Forwardingjokes, participating in email lists forjokes, activelyjoining unauthorized
email lists that send information that is of a personal nature, sending greeting cards
and/or chain letters
j. Engaging in abuse of system by downloading materials that take more than fifteen
(15) minutes to download without approval of the Department Director or
Information Systems Specialist.
k. Adding or deleting software without proper authorization, i.e. Hotmail, Yahoo,
Instant messenger, etc.
The above is not an all inclusive list of prohibited Internet and email activities that would reflect
unfavorably on the City and its various organizations, employees, and citizens.
D. The City Finance Department will maintain a list of approved and compatible software
programs. All desktop and laptop computers assigned to City employees are configured
with specific software; tampering with these configurations will be considered aviolation
of this policy. Use of this medium for communication may be subject to review and
audit to ensure compliance with this policy. Each user of the system must take
responsibility for proper retention of email files on the PC used in the normal course of
their duties and responsibilities.
E. City employees must be aware of the security threats posed by use of email and the
Internet. Security threats may be introduced to the City of Edgewater's computer
environment by sending or receiving information through the Internet. The threat can be
in the form of viruses (attached to documents or downloaded software) that are designed
to corrupt databases and/or direct attack by hackers with the intention of accessing
sensitive information or disrupting the operations of the City. A secure firewall will be
administered to protect against the threat of outside intruders who may be attempting to
gain unauthorized access to City systems and data. The Management Information
Specialist will identify and license for the City an approved virus screening program to
be placed on all computers (regardless of email or Internet access). The City of
Edgewater purchases and licenses the use of various computer software for business
purposes and does not own the copyright to this software or its related documentation.
Revision J.20N
Unless authorized by the software developer, the City of Edgewater does not have the
right to reproduce such software for use on more than one computer system. The City
of Edgewater prohibits the illegal duplication of software and its related documentation.
F. Employees should respect the confidentiality of other employee's electronic
communications and may not attempt to determine passwords, or breach computer and
network security measures or monitor electronic files or communications except by
explicit direction of management.
Employees should notify their immediate supervisor, Department Director, or the City of
Edgewater's designee upon learning of violations of this policy. Violations, and/or failure to report
known system abuse, could result in discipline up to and including discharge.
Revision January 20N