Loading...
HomeMy WebLinkAbout07 Council Member iPad PolicyAgenda Item 7 Reviewed: AGENDA REPORT City Manager Finance Director N/A MEETING DATE: MAY 17, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: DOUGLAS C. HOLLAND, CITY ATTORNEY SUBJECT: COUNCIL MEMBER IPAD POLICY SUMMARY Attached is a draft policy for IPAD usage by City Council Members. RECOMMENDATION Pleasure of the Council a CITY OF TUSTIN IPAD POLICY SECTION 1: General Statement The City Council of the City of Tustin acknowledges and agrees that the provision and use of an iPad will assist the members of the Council in the efficient performance of its duties as members of the City Council and thereby improve its service to the public. This Policy is adopted by the City Council and constitutes its mutual statement of what are, and are not, appropriate uses for this important business tool. We will be issued an iPad with 3G technology installed, a cover or case, stylus, and a screen protector. We will each receive a separate email account that will be used to send us official city documents, including without limitation City Council agendas, staff reports, and the like. We will have access to the Internet through the iPad. The explicit privileges and restrictions set forth in this Policy do not attempt to cover every situation that may arise in connection with the use of this new form of electronic communication. We acknowledge, understand, and respect the underlying iPad, Internet, and usage philosophy which forms the basis of this Policy. This philosophy governs all of our on-line activities and we will act in accordance with it at all times. First and foremost, the iPad, Internet, and E-mail access provided to us are tools for conducting City business. Thus, our use of such tools will be solely for business-related purposes, i.e., to review council agenda materials, research relevant topics, obtain useful information for City- related business, and conduct business communications as appropriate. All of the City's computer systems, including the iPad, are considered to be public property. All documents, files, and E-mail messages are considered public records, are subject to the California Public Records Law, and are considered the property of the City of Tustin. We agree that we will conduct ourselves honestly and appropriately with the iPad and on the Internet and in the use of E-mail, and respect the copyrights, software license provisions, property rights, privacy and prerogatives of others, just as we would in any other business dealings. All existing City policies will continue to apply to our conduct on the Internet and in the use of E-mail, including but not limited to those that deal with misuse of City resources, sexual harassment, information and data security, and confidentiality. We also acknowledge that our iPad, Internet, and E-mail activities will be traceable to the City of Tustin and will impact the reputation of the City. We will refrain from making any false or defamatory statements in any Internet forum or from committing any other acts which could expose the City to liability. We will not download files from sources which we have any reason to believe may be untrustworthy nor shall we open and read files attached to E-mail transmissions unless we have knowledge that they originate from a trustworthy source. Downloaded files and attachments may contain viruses or hostile applications that could damage the City's systems. We acknowledge that we will be held accountable for any breaches of security caused by files obtained for non-business purposes. SECTION 2: DETAILED POLICY PROVISIONS A. We recognize that the City reserves the right to inspect any and all fifes stored on computers, iPads, or other electronic devices, which are the property of the City of Tustin, in order to assure compliance with this policy. We recognize that we do not have any personal privacy right in any matter created, received, stored in, or sent from any City iPad and we authorize the City Manager to institute appropriate practices and procedures to assure compliance with this policy. B. The City's iPads issued to us are intended to be used for legitimate city business reasons with the goal of improving our service to the public. C. We acknowledge that we will not download any application, "app", or software to our iPads. Our iPads will be equipped and periodically updated with such applications, "apps", and software as may be reasonably necessary and appropriate to perform our duties. In the event any member of the Council wishes to download any additional application, "app", or software, consent from the City Manager or City Council (as a whole) shall be obtained. Any application, "app", or software installed on one Council member's iPad will be installed on all Council Members' iPads. Any software, E-mail messages, or files downloaded via the Internet into the City systems become the property of the City, and may only be used in ways that are consistent with licenses or copyrights. D. E-mail and Internet communications are considered public records subject to disclosure to the public pursuant to the California Public Record's Act. Council Member notes and records regarding the use of the device, may be protected from disclosure to sources outside the City pursuant to exceptions to the Public Records Act, such as an exception recognized by California courts for the "deliberative process". The deliberative process exception is intended to protect the process by which policy decisions are made. We recognize however, the Public Records Act requires consideration of a balancing test whether the public interest in maintaining the confidentiality of the records outweighs the public interest in the disclosure of the information sought. As a result, there is no guarantee that Council Member notes stored on Computing Devices will be exempt from disclosure. E. We will not send any messages of an obscene, libelous, vulgar, or defamatory nature. We will not use any email program or service during any City Council meeting and we will not use the iPad in any way as to violate the open meeting requirements of the California Brown Act. F. We will not use our City issued iPads for operating a business for personal gain, sending chain letters, soliciting money for religious or political causes, or any other purpose that interferes with normal City business activities. G. We will not use City electronic communications facilities to deliberately propagate any virus or other hostile computer program or file, to disable or overload any computer system or network, or to circumvent any system intended to protect the privacy or security of another user. H. In using our City-issued iPads, we will identify ourselves honestly, accurately, and completely at all times. SECTION 3: COMPLIANCE 2 We acknowledge and agree that any violation of any provision of this Policy may constitute official misconduct and grounds for discipline including, but not limited to: a. Discontinuance of the privilege of using aCity-issued iPad; b. Removal of the Council Member from any appointed positions on a board, commission, or committee; or c. Verbal reprimand or censure of the Council Member for such violation. SECTION 4: NOTICE The City shall take all appropriate steps to inform Council Members of the City of Tustin of the contents of this policy. The City Clerk shall provide a copy of this policy to Council Members. Before being authorized to access and utilize City computer and iPad equipment for Internet and E-mail communication, a City Council Member shall sign the City of Tustin iPad Policy, a copy of which is attached hereto. SECTION 5: RETURN POLICY Council Members shall return their iPad to the City Clerk when the individual Council Member's term and service on the Tustin City Council has ended. The iPad will be wiped clean of any and all information upon return of the iPad to the City Clerk at the end of a Council Member's term and service. SECTION 6: CONCLUSION The City of Tustin has provided iPad, Internet, and E-mail access to Council Members for the purpose of performing work efficiently and effectively in the context of available communication technologies. While compliance with this detailed policy is mandatory, it should not impede legitimate use of these facilities. The purpose of this policy is to ensure that all use is consistent with the law and with the ethical and business practices which the City follows. 3 CITY OF TUSTIN IPAD AGREEMENT FOR CITY COUNCIL MEMBERS I, the undersigned City of Tustin Council Member, have been provided a copy of the City of Tustin iPad Policy and understand its contents fully. I accept and understand terms of the policy and agree to abide by all terms contained in it. I will indemnify the City for any reasonable fees, expenses, or damages incurred as a result of my intentional or malicious misuse of the City's computers, iPads, and communication equipment. I understand that there are a number of potential circumstances where I could innocently or inadvertently cause damage to the City computer networks or systems for which I would not be held liable. I would expect that due process rights would be afforded to me should any charge of damage or misuse of the City computer systems be brought against me. City Council Member Date 4