HomeMy WebLinkAboutOCSD 02-22 (REPEALED)'
RESOLUTION NO. OCSD 02-22
AMENDING RESOLUTION NO. OCSD 98-33
A RESOLUTION OF THE BOARD OF DIRECTORS OF ORANGE COUNTY
SANITATION DISTRICT AMENDING THE HUMAN RESOURCES POLICIES AND
PROCEDURES
*****************************
The Board of Directors of Orange County Sanitation District,
DOES HEREBY RESOLVE, DETERMINE AND ORDER:
Section 1 : That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by deleting
Policy No. EBO.OD, Internet Usage, set forth in Attachment No. 1, attached hereto and incorporated
herein by reference.
Section 2: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by deleting
Policy No. E70.00, E-mail Usage, set forth in Attachment No. 2, attached hereto and incorporated
herein by reference.
Section 3: That Exhibit "A" of Resolution No. OCSD 98-33 is hereby amended by adding
Policy No. E90.00, Internet and Electronic Mail Usage, set forth in Attachment No. 3, attached hereto
and incorporated herein by reference.
Section 6: That all other terms and conditions of Resolution No. OCSD 98-33, as
previously recommended, shall remain in full force and effect.
Section 7: That all future amendments to Resolution No. OCSD 98-33 be made by
Resolution.
' .) ; --PASSED AND ADOPTED at a regular meeting held Decembe.r ~ 1:3: 2002:~ :·. : ··,i~ .
ATTEST: . I
Board Secre
G:\wp.dta\agenda\Board Agenda Reports\2002 Board Agenda Reports\1202\ltem 14(d).1.doc
REPEALED BY
OCSD 15-18
1
~ Orange County Policy Number: E90.00
Sanitation District Effective Date: December 19, 2002
Subject: INTERNET AND ELECTRONIC Supersedes: E60.00 Internet Usage and
MAIL USAGE E70.00 E-mail Usage
Approved by:
1.0 PURPOSE
1.1. To establish policies and procedures for the use of the District's computer
resources, including Internet and electronic mail ("e-mail"} systems, by District
Employees and to establish policies and procedures for the retention of e-mail as
District records. Computer resources also include all hardware, software, and
computer files.
2.0 ORGANIZATIONAL UNITS AFFECTED
2.1. This policy applies to all District employees using the District's computer
resources, e-mail system, and Internet services in the performance of their job
duties ("employees"), as well as to all other persons, such as employees of
independent contractors (contract or temporary employees), consultants,
appointed officials, authorized volunteers, special committee members, and other
persons ("other users") who are authorized to use the District's computer
resources in the performance of District business.
3.0 DEFINITIONS
3.1. Attachment: An application specific file, such as a Word or Excel document that
is transported with an e-mail message. The recipient must have suitable
software for viewing the attachment.
3.2. E-mail: A message, possibly with attachments, composed on a computer and
received by a computer. A network, potentially including the Internet, is the
transmission medium.
3.3. Internet: A worldwide network of computers, adhering to universal standards
that are capable of exchanging data with each other.
4.0 POLICY
4.1. GENERAL INFORMATION
4.1.1. Internet services and e-mail are unique mediums that are viewed by
most users as being different from traditional written correspondence or
telephone communication. One of the greatest dangers of the use of
Internet services and e-mail is that they are treated far more informally
than other forms of business communication. Due to the perceived
impermanence of Internet communications and e-mail messages,
employees and other users often use them to express sentiments and
Page 1of10
opinions they would never memorialize in traditional business writing. In
drafting any Internet communication or e-mail message, employees and
other users should exercise care and diligence as such communications
reflect on the District and the employee's department. As such,
employees and other users should always conduct themselves in a
professional manner and should refrain from sending anything by way of
Internet communications or e-mail messages that should not appear in
an official memorandum or letter.
4.1.2. The District's computer resources are provided for the purpose of
conducting District business, enhancing efficiency, and better serving the
public interest. Internet services and e-mail are business communication
tools that are made available to certain District employees and other
users in order to enhance efficiency and effectiveness in the
performance of job duties and District-related business and are to be
used in accordance with state and federal laws, and this Policy. Thee-
mail system may not be used to solicit or persuade others for commercial
ventures, religious or political causes, outside organizations, or other
non-job-related solicitations.
4.1.3. The District's computer resources, regardless of their physical location or
the form in which they are maintained, are the exclusive property of the
Orange County Sanitation District. Employees and other users are
provided access to the District's computer resources as authorized by
the General Manager, Department Directors and/or the Information
Technology Director (IT Director).
4.1.4. Use of the District's computer resources, including Internet and e-mail
communications, and Internet websites visited, should be predominantly
for the accomplishment of business-related tasks and/or directly pertain
to District business, administration, or practices.
4.1.5. Employees should be aware that all records, whether on paper or
computerized, are subject to the mandatory public disclosure
requirements of the California Public Records Act, subject to the specific
exceptions provided under the Act. The information created or
transmitted on any District computer resource, including Internet
communications and e-mail messages, may be subject to public
disclosure under the California Public Records Act or in connection with
litigation.
4.1.6. Employees who are terminated or laid-off have no rights to the contents
of their computer files or e-mail messages and are not allowed access to
such systems. The District shall have the right to delete or retain any or
all e-mail messages or computer files of a District employee who is no
longer employed by the District. When an employee leaves District
employment, it is the responsibility of the Department Director and the IT
Director to ensure that access to the District's computer resources is
terminated and all computer files are retained by the District.
4.1.7. The District prohibits sexual, racial, or other forms of harassment and the
District's computer resources shall not be used for such purpose. If you
are harassed or discriminated against through the use of the District's
computer resources, you must report the act of harassment or
discrimination to your immediate supervisor or Department Director
immediately. If you feel uncomfortable doing so, or if your immediate
Page 2of10
• •
supervisor or Department Director is the source of the harassment,
condones the problem, or ignores the problem, report the harassment to
Human Resources.
4.1.8. The dissemination of derogatory, defamatory, obscene, disrespectful,
sexually explicit, sexually suggestive or in any other way inappropriate
Internet and/or e-mail communications is prohibited. For example, the
District prohibits the display or transmission of sexually explicit images,
messages, or cartoons or any transmission or use of e-mail
communications that contain ethnic slurs, racial epithets, or anything that
may be construed as harassment or disparagement of others based on
their race, national origin, color, sex, sexual orientation, age, disability,
religious or political beliefs. Sending or forwarding a copy of these types
of offensive communications on the District's computer system is
prohibited.
4.1.9. Electronic snooping or tampering by any employee is prohibited.
"Electronic snooping" is the unauthorized use of or attempt to use
another employee's password without the employee's consent, or the
unauthorized entry to or attempt to enter the computer files and
communications of another without that person's consent, or the
unauthorized entry or attempt to enter the encrypted storage of e-mail
messages.
4.1.10. The District reserves the right for any reason to access, disclose or
delete all messages and other electronic data sent over its electronic
mail system or stored in its files.
4.2. ACCESS TO COMPUTER INFORMATION/CONFIDENTIALITY
4.2.1. An employee's use of the District's computer resources, including, but
not limited to, all computer files, Internet services, and e-mail, are not
confidential. The District provides no assurance of privacy with respect
to any employee or other user's use of any District computer resource,
and the District expressly reserves the right to access or monitor, with or
without notice, any employee or other user's use of the District's
computer resources.
4.2.2. The District reserves the right to monitor and record individual employee
and other user computer files, as well as Internet and e-mail usage, at
any time as allowed by the Electronic Communications Privacy Act of
1986. No employee or other user shall have any expectation of privacy
as to his/her computer files, Internet communications, or e-mail
messages. The District has software and systems in place that can and
will monitor and record all usage for each and every user, including, but
not limited to, all internal transmissions, Internet website visits,
newsgroups, e-mail messages, computer files, and file transfers into and
out of the District's internal network. District representatives may
access, audit, and review all activity and analyze usage patterns, and
may, for whatever reason, disclose this data to ensure that the District's
computer resources are devoted to maintaining the highest level of
efficiency and productivity.
Page 3of10
5.0 PROCEDURE
5.1. E-MAIL USAGE
5.1.1 . E-mail should always be used with the assumption that a message will
be read by someone other than its intended recipient. When transmitting
e-mail messages, employees and other users should consider that the
message, even though "deleted," may later be disclosed to outside
parties, members of the public, or in connection with litigation. Due to
these concerns, employees and other users are required to maintain the
highest standards of courtesy and professionalism when sending e-mail
messages.
5.1.2. District employees shall have no right or expectation of privacy or
confidentiality in any e-mail messages created, sent, received, deleted,
or stored using the District's computer resources. Management and
supervisors shall have the right to read and review any e-mail message
created, sent, received, deleted, or stored of any employee at any time
and for any reason.
5.1.3. Employees are expected to exercise good judgment in sending any e-
mail communication, especially if such communication is deemed
sensitive. All confidential communications should be in hard copy form
and be filed and retained in accordance with the District's Records
Retention Policy.
5.1.4. The sending of mass e-mailings on a "District-wide" basis to all
employees without the prior authorization of a Department Director or the
Communications Manager is prohibited.
5.1.5. Error on the side of caution. Whatever you write, assume the message
is permanent. It can be printed-out and it may be retrievable.
5.1.6. Use appropriate language. Remember that as a system user, you are a
representative of the Orange County Sanitation District. E-mail is a
unique medium that is unlike traditional written correspondence, in that,
while you may compose your e-mail transmission statement alone at
your computer and that statement is intended for a single recipient, what
you actually transmit can be viewed globally.
5.1. 7. Transmitting a message under another employee's name or password
without their permission is prohibited. Any employee who obtains a
password or user identification must keep that password confidential.
5.1.8. Employees should regularly change their individual passwords.
Employees shall not share individual passwords with other individuals
except for legitimate District business reasons.
5.1.9. Employees shall not use, or attempt to use, another employee's
password without the employee's consent.
5.1.10. All communications should follow proper etiquette, such as:
• Materials posted by District employees shall professionally represent
the Orange County Sanitation District. The transmission of
defamatory, obscene, offensive or harassing messages or messages
Page 4of10
which disclose personal information without authorization is
prohibited.
• E-mail messages and electronic postings may be read by people
beyond the addressee, and upon request may be produced to a
court in connection with litigation and should be composed
accordingly.
5.1.11. Employees should carefully consider the names on a mailing list as
addressees or copies. Some employees may not want their e-mail
addresses to be widely known or to receive responses to widely
distributed messages.
5.2. RETENTION OF E-MAIL
5.2.1. E-mail generates correspondence and other documentation, which may
be recognized as Official District Records in need of protection/ retention
in accordance with the California Public Records Act and as evidence in
connection with litigation. Although the use of e-mail is primarily for
official District business, the e-mail system is intended as a medium of
communication. Therefore, the e-mail system should not be used for the
electronic storage or maintenance of documentation, including, but not
limited to, Official District Records.
5.2.2. E-mail messages sent and received, including any attachments, which
can be considered an Official District Record, are to be stored in
computer files or printed as a hard £QQY and filed in accordance with
their Department's Filing Policy. Generally, the sender of the e-mail
should be the person responsible for storing or printing and filing it
accordingly. The persons responsible for a particular program or project
file shall be responsible for retaining all e-mail they send or receive
related to that program or project.
5.2.3. Individual employees are responsible for the management of their
mailboxes and associated folders. In order to assure maximum
efficiency in the operation of the e-mail system, employees are
encouraged to delete e-mail messages that are not Official District
Records from their in-boxes once they are no longer needed. If a hard
copy of data, which constitutes an Official District Record, has been
printed and filed in accordance with the District's Record Retention
Policy and Schedule, the e-mail may be deleted.
5.2.4. It is the responsibility of individual employees and their Department
Heads to determine if e-mail is an Official District Record which must be
retained in accordance with the District's Record Retention Policy and
Schedule. The District's Records Manager will assist you in making such
a determination. You should keep in mind, however, that preliminary
drafts, notes or interagency or intra-agency memoranda, which are not
retained by the District in the ordinary course of business, are generally
not considered to be Official District Records subject to disclosure.
Employees are encouraged to delete documents, which are not
otherwise required to be kept by law or whose preservation is not
necessary or convenient to the discharge of your duties or the conduct of
the District's business.
Page 5of10
5.2.5. A record of additions and deletions made in the course of creating a draft
letter or memorandum need not be saved.
5.2.6. Periodically, the District receives requests for inspection or production of
documents pursuant to the California Public Records Act, as well as
demands by subpoena or court order for the production of evidence in
connection with litigation. In the event of such a request, the applicable
Department Head shall require all employees to make available relevant
e-mail files to the extent e-mail is stored in the computer and not printed
and filed. The employee having control over e-mail files, once he/she is
made aware of the request, shall immediately print and transmit a hard
copy of any computer files that either are or may be responsive to the
request or subpoena to his/her Department Head.
5.2.7. E-mail records that are Official District Records must be kept for the
minimum retention period identified in the District's Record Retention
Disposition Schedule. Such e-mail records may not be destroyed except
after approval of the Division Manager, the District's Records Manager
and General Counsel.
5.2.8. E-mail messages are subject to the same disclosure requirements as
other public records. Requests from the public for e-mail records must
be honored in the same manner as for other public records. E-mail
messages, which are determined to be Official District Records must be
accessible and retrievable during their entire retention period and are to
be maintained in a manner which permits easy and timely retrieval.
5.3. ATTORNEY-CLIENT PRIVILEGED COMMUN/CATIONS
5.3.1. Some messages sent, received or stored on the District e-mail system
will constitute confidential, privileged communications between the
District and its attorneys. Attorney-client communications should not be
forwarded without consulting the General Manager's office and/or the
General Counsel's office.
5.4. CONFIDENTIAL INFORMATION
5.4.1. Most communication among District employees is not considered
confidential. However, certain communications, such as law
enforcement investigations and personnel records, may be confidential
or contain confidential information. Questions about whether
communications are confidential should be discussed with the
employee's supervisor.
5.4.2. Employees shall exercise caution in sending confidential information on
the e-mail system as compared to written memoranda, letters or phone
calls, because of the ease with which such information may be
retransmitted.
5.4.3. Confidential information should not be sent or forwarded to individuals or
entities not authorized to receive that information and should not be sent
or forwarded to other District employees not directly involved with the
specific matter.
5.4.4. Care should be taken in using e-mail to ensure messages are not
inadvertently sent to the wrong individual. In particular, exercise care
Page 6of10
\_
when using distribution lists to make sure all addressees are appropriate
recipients of the information. Lists are not always current and individuals
using lists should take measures to ensure lists are current.
5.4.5. Employees shall not discuss confidential information outside of the
workplace.
5.4.6. Confidential information should not be reproduced unnecessarily.
5.4.7. Employees shall return all tangible forms of confidential information to
the District upon termination of employment or at the District's request.
5.5. INTELLECTUAL PROPERTY RIGHTS
5.5.1. It is the Orange County Sanitation District's policy to retain all copyrights
and other intellectual property rights of which it is the legal owner. All
copyrights and other intellectual property rights, which are created by
District employees in the course and scope of their employment by the
Orange County Sanitation District, are the exclusive property of the
Orange County Sanitation District.
5.5. 1.1. TRANSFER OF INFORMATION
• District employees shall not post material on Internet or
Intranet services or send material via e-mail, which is
copyrighted by a party other than the District.
• District employees shall not download copyrighted materials
from these services except where permitted for research
use.
5.6. COMPUTER SOFTWARE
5.6.1. VALID SOFTWARE REGISTRATION OR LICENSING
5.6.1.1. Each piece of proprietary software operating on a District
computer must have valid registration (individually for stand-
alone personal computers) or must be covered by users' license
(if connected to a local area network). Proprietary software and
associated documentation are subject to copyright laws and
licensing agreements, and are not to be reproduced unless
authorized under a licensing agreement. Appropriate
documentation to substantiate the legitimacy of the software is
necessary. Employees shall not use unauthorized software on
District computer resources.
• Personal Software -Installation and use of privately-
owned software, including screen savers and shareware,
on District computers is prohibited.
• Entertainment Software -The use of entertainment
software in District offices is prohibited at all times, except
for training purposes, when it is authorized by the
appropriate authority.
Page 7of10
5. 7. PASSWORDS
5.7.1. A confidential password does not guarantee privacy, nor does deletion
mean the District cannot retrieve past communications, nor does it
suggest that computer resources are the property right of the employee.
Passwords and codes will help secure information, but they do not
ensure privacy and security. Passwords should be changed periodically
to ensure security. Users should not share their passwords with anyone
else. The Information Technology Department has specific standards on
password security.
5.8. INTERNET ACCESS
5.8.1. Use of the Internet is becoming increasingly necessary for District
·employees to provide effective and efficient public services. The efficient
utilization of the Internet for communications and research can improve
the quality, productivity, and general cost-effectiveness of the District's
work force. Internet capability and employee access is provided by the
District on an "as needed" basis and is a revocable privilege.
5.8.2. Internet access and use of online services are business communication
tools, which are made available to certain employees and other users in
order to enhance efficiency and effectiveness in the performance of job
duties and District-related business and are to be used in accordance
with generally accepted business practices and current laws. Use of the
Internet or online services should be predominantly for the purpose of
District business activities or contain information essential to District
employees for the accomplishment of business-related tasks, and/or
communication directly related to District business, administration, or
practices.
5.8.3. The District reserves the right to monitor individual Internet access and
use of online services for any purpose including, but not limited to,
review, audit, and disclosure of all matters transmitted over the District's
computer system or placed in its network storage.
5.8.4. Downloaded information including e-mail attachments shall be checked
for virus contamination. The Information Technology Department has
information available on how to scan for viruses.
5.8.5. Downloading of large data images, video and graphics should be timed
so as not to impact the performance of the District network. Very large
files should be downloaded after normal working hours.
5.9. ACCEPTABLE USE OF THE INTERNET
5.9.1. Specifically acceptable uses of the Internet include:
• Communication and information exchange that is directly related to
the mission, objectives, and business activities of the Orange County
Sanitation District.
• Communication and exchange for professional development, to
maintain currency of training or education, or to discuss issues
related to the employee or other user's job-related activities.
Page 8of10
• Use for advisory, standards, research, analysis, and professional
society activities related to the employee or other user's work tasks
or job-related duties.
• Announcement of new District procedures, policies, rules, services,
programs, information, or activities.
• Communication with professional associations, public agencies,
universities, businesses, and/or individuals associated with the
facilitation of District-related business, research, and/or continuing
education.
5.10. UNACCEPTABLE USE OF THE INTERNET
5.10.1. Specifically unacceptable uses of the Internet include:
• Downloading any program, software, or application from the Internet
or online services without prior written approval from both a
Department Director and the IT Director and without scanning such
applications for viruses before they are run, stored, or accessed.
• Downloading or distributing pirated software or data.
• Deliberately propagating any virus or any other destructive
programming.
• Downloading entertainment software or games.
• Uploading any software licensed to the Orange County Sanitation
District or data owned or licensed by the Orange County Sanitation
District without the prior written authorization from both a Department
Director and the IT Director.
• Releasing and/or disseminating any confidential District information.
• Intentionally introducing the District's computer systems to, or
experimenting with, malicious computer code, such as computer
worms or viruses.
• Transmitting any material or information on the Internet or through
the use of online services in violation of applicable copyright laws or
patents.
• Using any Internet access or online services that are likely to result
in the loss of any recipients' work or which could cause congestion
on the District's electronic network or which could otherwise interfere
or disrupt the District's local area network users, services, or
equipment.
Page 9 oflO
6.0 EXCEPTIONS
7.0 PROVISIONS AND CONDITIONS
7.1. PENAL TIES
7.1.1. An employee who violates this policy may be subject to formal
disciplinary action up to and including termination from District
employment. In addition, any employee found to have violated this
policy may have his/her access to computer files, Internet, and e-mail
limited or revoked. Unlawful use of the District's computer resources,
including Internet and e-mail services, may result in referral for civil or
criminal prosecution.
7 .1.2. It is the responsibility of each employee to ensure that his/her conduct
conforms to the requirements set forth in this policy. Employees who are
unsure as to whether a contemplated activity or course of conduct
constitutes a violation of this policy shall request clarification from the IT
Director and/or Human Resources Director.
8.0 RELATED DOCUMENTS
8.1. Policy 830.00, Harassment Policy
8.2. Policy F40.00, Use of District Property
Page 10of10
l·