San Leandro Municipal Code Ch. 11 (reserved)

City computer systems are made available to employees, public officials, and in some cases consultants to improve efficiency, communications and productivity when providing services to the community. City computer systems are defined to include any City provided computer hardware (personal computers, laptops, personal digital assistants [PDAs], smart phones, mobile digital terminals, host systems and related devices, printers and other production peripheral equipment, scanners, the City's network), computer software, remote access, electronic mail (e-mail) and Internet connection tools used to provide City services. Use of City provided computer systems are for official City purposes only. This policy is established to protect the City's investment in information technology; safeguard the information contained within City computer systems; and assist in the efficient delivery of City services.

All City computer systems provided in accordance with this policy remain the property of the City. Users of City computer systems have no right to or expectation of privacy or confidentiality in any activity using the City computer systems, equipment, or networks. Any electronic files, documents, or records (as that term is defined in the California Public Records Act) stored, accessed, or transferred on the City's computer systems are not private to the user and are potentially disclosable under the California Public Records Act.

(a) E-Mail System.

(1) The E-Mail System shall be used for the transmission of communications and documents only and shall not be used for the storage of information or records. The E-Mail System is provided by the City to Users as a convenient and efficient method for rapidly communicating transitory information in an electronic format.

(2) The forwarding of E-Mails from City computer systems or through City provided E-Mail accounts by employees or public officials to any personal or other E-Mail account that is not a City provided email account that belongs to, or is managed by the employee or public official is strongly discouraged. Users are cautioned that any E-Mail sent or forwarded from a City computer system or email account to a personal email account may subject that entire personal account to disclosure pursuant to a public records request. An email sent from a personal email account to a City email account or City computer system is a public record subject to disclosure under the California Public Records Act.

(3) No User shall attempt to disguise the origin of any E-Mail, unless authorized by the Chief of Police for a criminal investigation.

(4) E-Mail messages located in a User's Inbox, Sent Items and Deleted Items folders will be automatically deleted by Information Technology from all computer devices and systems on the 120th day after sending or receipt, whether deleted by the User or not. All email will be archived and retained for 24 months.

(5) E-Mail messages that must be retained in accordance with the City's Records Retention Schedule or by law should be moved to a User's Outlook Cabinet or saved and placed in the appropriate subject file, either electronically or in hard copy.

(b) Use.

(1) City employees and public officials are responsible for the care, security and appropriate use of City computer systems and any related equipment. Inappropriate uses may include, but are not limited to, obscenity, harassment, slander, defamation, commercial or for-profit activities, and political or campaign activities.

(2) City computer systems are for use by employees, public officials, and City Manager designated persons only. Contractors, vendors and other non-City users may be granted access to City computer systems with approval from the Information Services Manager. Contractors, volunteers, and other non-City users accessing the City of San Leandro's computer systems are subject to the same policies and guidelines as any City employee or public official.

(3) City computer hardware and software will be installed, configured and supported by the City Manager's Office, Information Technology Division only.

(4) All Users shall respect copyright and license agreements and shall not distribute or download programs or materials without the legal right to do so.

(5) Any City-owned computer systems provided to or used by employees and public officials of the City should be returned to the City Manager's Office immediately upon request.

(c) Unacceptable Uses. City computer systems shall not be used for:

(1) Personal gain or political activity.

(2) Outside business activities, fundraising, or charitable activity without the express authorization of the City Manager.

(3) Libelous, offensive, or harassing statements, documents or images, including disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religious or political beliefs.

(4) Sending or soliciting sexually oriented messages or images; accessing internet sites which are "adult-oriented" in nature, or which require the user to be over the age of 18 years, or which offer gambling services, or which contain obscene content of any nature. Employees of the Police Department are exempt when performing duties that require him or her to perform these prohibited activities.

(5) Impersonation of any person or communication under a false or unauthorized name.

(6) Inappropriate mass mailing or "spamming."

(7) Knowingly or maliciously introducing any invasive or destructive programs (i.e. viruses, worms, Trojan Horses) into City computer systems or networks.

(8) Attempting to circumvent local or network system security measures.

(d) Information Security.

(1) City employees and elected officials access City computer systems with a unique identification and password. In order to protect City equipment and information, the City issued identification and passwords should not be shared or easily accessible to anyone but the individual user.

(2) All devices used to connect to the City's computer systems must be continually executing approved virus-scanning software with a current virus database. Users shall not disable any anti-virus software installed nor download any files which trigger a warning from the anti-virus software.

(3) The Information Technology Division of the City Manager's Office will backup files stored on the City's computer networks according to the City's network backup policies. Users shall utilize network resources to store their data files to the fullest extent possible to protect the City's data resources. Users are responsible for ensuring that critical data not stored on network servers is backed up and stored in a safe location.

(e) Public Disclosure. The disclosure or exemption from disclosure of "public records" (which generally means any writing, whether electronic or paper, that contains information relating to the conduct of the public's business) is governed by the California Public Records Act and its exemptions (California Government Code §§ 6250 et seq.). It is City policy to exempt from disclosure all records that may be exempted pursuant to specific provisions of the California Public Records Act, unless specifically waived by the City Council, or City Manager.

(Resolution No. 2012-013, 02/06/2012 [§1.11.100]; Resolution No. 2000-133, 09/05/2000 [§1.11.100])