Resolution 2005-31
RESOLUTION NO. 200S-31{R)
A RESOLUTION OF THE CITY OF WYLIE, TEXAS,
ESTABLISHING A POLICY ON EMPLOYEE USE OF E-MAIL
AND INTERNET; REPEALING ALL POLICIES IN CONFLICT
HEREWITH TO THE EXTENT OF SUCH CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Wylie has developed computer and other
electronic systems to provide effective and efficient communications and to
improve the work environment; and
WHEREAS, the City of Wylie has made the computer and other electronic
systems available to City employees, volunteers, and contractors in the
performance of their duties; and
WHEREAS, the City of Wylie has developed an e-mail and Internet policy
to provide City employees, volunteers, and contractors with notice of its
expectations about the use of the City's computer and other electronic systems.
WHEREAS, the City Council is desirous of adopting this Resolution, which
is entitled: "Employee Use of e-mail and Internet."
NOW THEREFORE, BE IT RESOLVED BY THE CITY OF WYLIE
THAT:
SECTION 1. Purposes.
The purposes of the City of Wylie's computer and other electronic
systems, including, but not limited to, electronic mail r'e-mail1 and the Internet,
are to provide efficient communications, and to improve work product. This
policy addresses access to and the disclosure of information from such electronic
systems.
Among other things, this policy is intended to guide City employees,
volunteers, and contractors in the performance of their duties.
This policy serves as notice to the employees, volunteers, and contractors
of the City of Wylie that all data, including any that is stored or printed as a
document, is subject to audit and review. There is no expectation of personal
privacy in the use of the Internet and e-mail systems when using computers or
services provided by the City of Wylie.
Resolution No. 2005-31(R)
Establishing IntemetlE-Mail Usage Policy
1
Finally, this policy serves to delineate acceptable uses of the Internet and
e-mail systems by City employees, volunteers, and contractors [collectively also
referred to as "users" or "employees"] while using government-owned/leased
equipment, facilities, Internet addresses, domain names, and/or e-mail services
registered to or provided by the City of Wylie. It seeks to ensure that the use of
the Internet and e-mail systems by City employees, volunteers, or contractors
while conducting work for the City and/or while using City provided systems is
consistent with the City of Wylie's policies, all applicable laws, and the individual
user's job responsibilities.
SECTION 2. Statement of Policy.
The City of Wylie promotes Internet and e-mail use that enables
employees, volunteers and contractors to perform City missions and encourages
its employees, volunteers, and contractor personnel to develop Internet and e-
mail skills and knowledge. It is expected that employees will use the Internet
and e-mail to improve their job knowledge; to access scientific, technical, and
other information on topics which have relevance to the City of Wylie; and to
communicate with their peers in other government agencies, academia and
industry on matters of relevance to their work for the City.
(a) Responsible Use: Users are advised not to use the Internet or e-
mail systems for any purpose, which would reflect negatively on
the City or its employees.
(b) Property of the City of Wylie: The City of Wylie's electronic mail
and Internet systems are business tools. These systems shall be
used in a professional manner for legitimate business purposes only
and, at all times, remain the property of the City of Wylie.
(c) Scope: This policy applies to:
(1) All technical resources that are owned or leased by
the City of Wylie that are used on or accessed from
City premises, or that are used for City business.
This policy also applies to all activities using any City
paid accounts, subscriptions, or other technical
services, such as Internet access and e-mail,
whether or not the activities are conducted from
City premises; and
(2) All full or part-time employees of the City of Wylie,
and volunteers and contractors who are authorized
Resolution No. 2005-31 (R)
Establishing IntemetlE-Mail Usage Policy
2
by their supervisors to use City resources to access
the Internet or e-mail systems.
(d) Information is Not Private: The City computers and the data stored
on them are, and remain at all times, the property of the City of
Wylie. As such, all messages created, sent, or retrieved over the
Internet or the City's electronic mail systems are the property of
the City of Wylie, and should not be considered private information.
Employees have no right to privacy as to any information or file
transmitted through or stored in the City's computer systems,
electronic mail, or other technical resources.
(e) Use With Respect for Others. Access to the Internet via City
resources and use of City provided e-mail is only for City purposes.
To that end, the use shall not disrupt or interfere with the work of
other network users, adversely affect the operation of the Internet
or the City's own internal network, or misrepresent the interests of
the City.
(f) Monitoring and Disclosure: The City reserves the rights to access,
retrieve, read and disclose any data, messages or files stored on
City funded systems for any purpose. Employees should be aware
that, even when a message is erased or a visit to a web site is
closed; it is still possible to recreate the message or locate the web
site. The City reserves the right to monitor use of these systems to
prevent abuse, enforce other policies, and access information.
Access may occur in, but is not limited to, situations indicating: (1)
impropriety, (2) violation of City policy, (3) legal requirements, (4)
suspected criminal activities, (5) breach of system security, or (6)
to locate substantive information or monitor employee's
performance and conduct. The contents of these systems may be
disclosed by the City Management within or outside the City
without employee permission. Furthermore, all communications
including text and images may be disclosed to law enforcement or
other third parties without prior consent of the sender or the
receiver. The City has unlimited access to protect the security of
these systems or the City's property rights.
(g) Consent All City employees, who are provided with access to the
City's e-mail system and/or the Internet, are required to abide by
the City's policy contained here and in other relevant documents.
Resolution No. 2005-31(R)
Establishing Intemet/E-Mail Usage Policy
3
SECTION 3. Use of the Internet.
The City provides Internet access to employees for their use in performing
their duties for the City. All employees of the City are responsible for using
Internet resources in an effective, ethical, and lawful manner. It is the City
policy that the Internet resources, like other City assets, be used for the benefit
of the City. All Internet use should be congruent with the City's overall
government policies. The City reserves the right to monitor and/or log all
network activity with or without notice, including all web site communications,
and therefore, users should have no expectations of privacy in the use of these
resources. Use of the system in violation of this or other City policies is
prohibited and may lead to disciplinary action, up to and including termination.
(a) Uses that are acceptable and encouraged:
(1) Communications and information exchanges directly relating
to the mission, Charter and work tasks of the City;
(2) Announcements of City procedures, meetings, policies,
services, or activities;
(3) Use for advisory, standards, research, analysis, and
professional society or development activities related to the
user's City job-related duties; and
(4) Use in applying for and administering grants or contracts for
City research programs.
(b) Uses that are unacceptable: It is unacceptable for a user to
access, use, submit, publish, display, download, save, or transmit
on the network, or on any computer system, any information
which:
(1) Violates or infringes on the rights of any other person,
including the right to privacy;
(2) Contains defamatory, false, inaccurate, abusive, obscene,
pornographic, profane, sexually oriented, threatening,
racially offensive, or otherwise biased, discriminatory, or
illegal material;
(3) Violates City regulations prohibiting sexual harassment;
Resolution No. 2005-31 (R)
Establishing IntemetlE-Mail Usage Policy
4
(4) Restricts or inhibits other users from using the system, or
the efficiency of the computer system;
(5) Encourages the use of controlled substances or uses the
system for the purpose of criminal intent; or
(6) Uses the system for any other illegal purpose.
(c) It is also unacceptable for a user to use the facilities and
capabilities of the system to:
(1) Conduct any non-approved business;
(2) Solicit the performance of any activity that is prohibited by
law;
(3) Transmit material, information or software in violation of any
local, state or federal law;
(4) Conduct any political activity;
(5) Conduct any non-City-related fund raising or public relations
activities;
(6) Engage in any activity for personal gain or personal business
transactions; or
(7) Make any unauthorized purchases.
(d) Copyrighted Material. Users may download copyrighted material,
but its use must be strictly within the agreement as posted by the
author or current copyright law. The federal Copyright Act at 17
U.S.c. 101 et seq. (1988) protects and prohibits misuse of all
original works of authorship in any tangible medium of expression.
This includes a prohibition on plagiarism (using someone else's
ideas or writing and passing it on as one's own).
(e) E-Mail. Internet e-mail is considered network activity, thus, it is
subject to all policies regarding acceptable/unacceptable uses of
the Internet as well as City's e-mail policy. Users should not
consider Internet e-mail to be either private or secure.
Resolution No. 2005-31(R)
Establishing IntemetlE-Mail Usage Policy
5
(f) Passwords. Access to the Internet may require a password and
authorized employees are prohibited from giving their password to
any other person.
SECTION 4. Uses of E-mail System.
The City provides an e-mail system to employees for their use in
performing their duties for the City. All employees of the City are responsible for
using the e-mail system in an effective, ethical, and lawful manner. It is the City
policy that the e-mail system, like other City assets, be used for the benefit of
the City. All e-mail use should be congruent with the City's overall government
policies. The City reserves the right to monitor and/or log all network activity
with or without notice, including all web site communications, and therefore,
users should have no expectations of privacy in the use of these resources. Use
of the system in violation of this or other City policies is prohibited and may lead
to disciplinary action, up to and including termination.
(a) The City's e-mail system is for official City business and it shall be
unacceptable to use the system for unrelated purposes, including
but not limited to, the following:
(1) To send or receive "chain" or similar type "letters."
(2) To send or receive documents in violation of copyright or
other laws.
(3) To knowingly open e-mail not directed to you.
(4) To send messages in violation of City security policies.
(5) To forward electronic messages without a legitimate
business purpose under circumstances likely to lead to
embarrassment of the sender or to violate the clearly
expressed desire of the sender to restrict additional
dissemination.
(6) To send messages that are false or misleading, inaccurate,
abusive, obscene, pornographic, profane, sexually oriented,
threatening, offensive, discriminatory, or illegal, including
but not limited to sending messages under an assumed
name or with the intent to obscure the origin of the
message.
Resolution No. 2005-31 (R)
Establishing Intemet/E-Mail Usage Policy
6
(7) To solicit or proselytize for commercial ventures, religious or
political causes, outside organizations or other non-job
related solicitations.
(b) Avoid "carbon copying" individuals who have no direct involvement
or "need-to-know." Likewise, e-mail to all users should only be
used on very rare occasions when every person on the system has
a direct need to know.
(c) Avoid "forwarding" e-mail to a third party unless necessary.
(d) When sending an e-mail requiring "action," be sure to indicate
which "TO" addressee(s) is/are to take the action.
(e) Do not "say" anything in an e-mail message that could prove
embarrassing or compromising to you or others. Each employee is
responsible for the content of all text, audio, or images they
transmit.
(f) Avoid potentially contentious exchanges through e-mail.
(g) Confidential and sensitive information, such as attorney-client
privileged information; health or medical information should not be
communicated via e-mail.
(h) Communications that would be inappropriate under City policies are
equally unacceptable if delivered via electronic communication.
These communications may include, but are not limited to,
harassing or discriminatory comments and insubordinate
statements.
(i) Use your common sense in determining when to use e-mail, in
what is said, and to whom.
SECTION 5. Security and Virus Protection.
(a) E-mail and/or Internet access may utilize passwords for security;
however employees should be aware that the reliability of such
tools for maintaining confidentiality cannot be guaranteed.
(b) To prevent computer viruses from being transmitted through the
system, employees are not permitted to download any software
onto their computer or any drive in that computer. When
downloading a file or opening an e-mail attachment, users must
Resolution No. 2005-31(R)
Establishing Intemet/E-Mail Usage Policy
7
scan all materials with City provided virus protection software.
Additional consideration of policies established by the IT Division
should be used in determining how to handle potentially damaging
e-mail or files.
(c) At the discretion of the City Manager, systems may be checked for
software not approved for official business use.
SECTION 6. Enforcement.
This policy is intended to be illustrative of the range of acceptable and
unacceptable uses of the Internet and e-mail systems provided by the City of
Wylie and are not necessarily exhaustive. Questions about specific uses should
be directed to the user's supervisor.
Immediately upon implementation of this policy, supervisors will be
responsible to provide a copy of this policy to/ and collect signed consent forms
from, all employees who currently have access to the City's Internet or e-mail
systems.
Prior to authorizing new access, the supervisor is responsible to provide a
copy of this policy to/ and collect signed consent forms from all employees who
will have access to the City's Internet or e-mail systems.
The supervisor will review alleged or suspected violations of the policy and
clear violations may result in disciplinary actions. Any user violating these
provisions or applicable local, state or federal laws is subject to immediate loss or
restriction of Internet/e-mail privileges, additional disciplinary actions, up to and
including termination of employment, and/or criminal prosecution.
SECTION 7. Consent Agreement.
As a condition of employment, all City employees must aCknowledge that
all computer and electronic systems, including but not limited to/ electronic mail
and Internet network activity are the property of the City, and therefore, they
should not consider any activity to be private. Current users of the City's
Internet or e-mail systems must sign the consent form provided, within thirty
(30) days of receiving a copy of this policy. Prior to obtaining new access to
Internet or e-mail systems provided by the City, employees must sign the
consent form provided. By signing the consent form, users acknowledge that
they have received a copy of the policy, read it, and understand the City's Policy
and the potential penalties for non-compliance.
Resolution No. 2005-31 (R)
Establishing Intemet/E-Mail Usage Policy
8
PASSED AND DULY ADOPTED by the City Council of the City of Wylie,
Texas, this 17th day of November, 2005.
e".....-""".
..<; .::
~ <9.....
~)..,,; ~ ,~..~ r ~.
'.:, 11-- . ., .. , . .' ~~ ,.::.
;'1 'n_ i E Tt,. 'i-- ,,'-
~/,. ",\',\.
"IJUI!~\..t,'
Resolution No. 2005-31(R)
Establishing Intemet/E-Mai1 Usage Policy
9