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HomeMy WebLinkAbout14 UPDATED IPAD POLICY~ Agenda Item 14 AGENDA REPORT Reviewed: City Manager Finance Director N/A MEETING DATE: NOVEMBER 1, 2011 TO: WILLIAM A. HUSTON, INTERIM CITY MANAGER FROM: DAVID E. KENDIG, CITY ATTORNEY SUBJECT: UPDATED IPAD POLICY SUMMARY On May 17, 2011, the City Council considered and adopted the City's first policy regarding the use by City Council members of City-owned and issued iPads. Since that time, some Council members have purchased their own iPads and have elected to use those iPads for both personal and City-related purposes. As a result, aspects of the existing policy may be confusing or inapplicable to current and future members of the Council, such as the requirement that iPads be returned to the City when the Council member leaves office. As a result, City IT Staff, the City Clerk and the City Attorney have reviewed and revised the iPad policy to address separately those iPads owned and issued to Council members by the City, and those personally-owned iPads that Council members may use for City-related business. The proposed policy, as revised, is attached as Exhibit 1. The version of the policy approved by the Council on May 17, 2011 is attached for reference. RECOMMENDATION Review and adopt the revised iPad Policy attached as Exhibit 1, and repeal the policy adopted on May 17. FISCAL IMPACT None EXHIBIT 1 CITY OF TUSTIN IPAD POLICY SECTION 1: GENERAL STATEMENT The City Council finds that the use of an iPad will assist the members of the Council in the efficient performance of their duties as members of the City Council, including service as members of boards and commissions of other government agencies, and thereby improve service to the public. This Policy is adopted by the City Council to provide guidance regarding what are, and are not, appropriate uses for this important business tool. Although this Policy authorizes the provision of an iPad to each member of City Council, it is understood that some Council Members may instead opt not to receive aCity-issued iPad and instead use his or her personal iPad in the performance of official duties. A member may also elect to not use an iPad at all and continue to receive paper copies. Section 2 below sets forth guidelines that apply to the use of City-issued iPads. Section 3 below contains guidelines that apply to the use of personally-owned iPads (that is, an iPad not provided by the City). 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. This version of the policy replaces and supersedes all prior versions of the iPad policy. SECTION 2: CITY-ISSUED (PADS A. Each member of City Council is eligible to receive aCity-issued iPad with mobile connectivity technology installed, a cover or case, stylus, and a screen protector. Each member will also each receive a separate email account that will be used to send the member official city documents, including without limitation City Council agendas, staff reports, and the like. Each Council Member will have access to the Internet through this iPad. B. The City-issued iPads are tools for Council Members to conduct City business, including any agencies and committees to which they are assigned or elected. Thus, use of the iPad 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. Subject to the narrow exceptions in the Public Records Act, all documents, electronic records, files, and email messages accessed on the City-issued iPad and all usage reports are considered public records, are subject to the California Public Records Act, and are considered the property of the City of Tustin. C. A Council Member shall not download files from sources which he or she has any reason to believe may be untrustworthy nor shall he or she open and read files attached to email transmissions unless the member believes they originate from a trustworthy source. Downloaded files and attachments may contain viruses or hostile applications that could damage the City's systems. Council Members will be held accountable for breaches of security caused by files obtained for non-business purposes. D. The City reserves the right to inspect any and all files 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. Council Members do not have any personal privacy right in any matter created, received, stored in, or sent from any City iPad and Council Members shall authorize the City Manager to institute appropriate practices and procedures to assure compliance with this policy. E. The City-issued iPads are intended to be used for legitimate City business reasons with the goal of improving service to the public. F. Council Members shall not download any application, "app", or software to City-issued iPads. These iPads will be equipped and periodically updated by the City with such applications, "apps", and software as may be reasonably necessary and appropriate to perform Council Member's duties. In the event any member of the Council wishes to download any additional application, "app", or software, consent from the City Manager or a majority of the City Council shall be obtained. Any application, "app", or software installed on one Council Member's iPad will be made available for installation on all Council Members' iPads. Any software, email 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 and copyrights. G. Council Members shall not use City-issued iPads for operating a business for personal gain, sending chain letters, soliciting money for religious or political causes, or any other purpose prohibited by law or that interferes with normal City business activities. H. When using City-issued iPads, Council Members shall identify themselves honestly, accurately, and completely at all times. I. Council Members shall conduct themselves honestly and appropriately while using the City-issued iPad and on the Internet and in the use of email, and respect the copyrights, software license provisions, property rights, privacy and prerogatives of others. J. All existing City policies will continue to apply to Council Member conduct on the Internet and in the use of email, including but not limited to those that deal with misuse of City resources, sexual harassment, information and data security, and confidentiality. K. iPad, Internet, and email activities carried out in the performance of official duties will be traceable to the City of Tustin and may impact the reputation of the City. Council Members shall 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. L. 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. 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 and materials stored on iPads will be entirely exempt from disclosure. M. Council Members shall 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. N. Council Members shall not use a City email account to send any messages of an obscene; libelous, vulgar, or defamatory nature. O. Council Members shall not use any email, instant messaging or other communication program, during any City Council meeting nor use the iPad in any way as to violate the open meeting requirements of the California Brown Act. SECTION 3: USE OF (PADS NOT PROVIDED BY THE CITY A. Those Council Members who utilize an iPad other than an iPad provided by the City should use a personal email address for their personal correspondence and a separate email account that the Council Member creates for their personal iPad instead of using a City-issued email address. B. Council Members acknowledge that emails sent to or from aCity-issued email address may be subject to disclosure under the California Public Records Act, even if the emails are composed or reviewed on an iPad that is not provided by the City. C. Council Members acknowledge that iPads that are not City-issued will not be provided support by the City in the event the Council Member experiences problems with the device itself or with an application (such as GoodReader). The City will make the digital agenda packet available to those using personal iPads, and will send an email with a download link to the personal email address designated by the Council Member. D. All existing City policies will continue to apply to Council Member conduct on the Internet and in the use of email, including but not limited to those that deal with misuse of City resources, sexual harassment, information and data security, and confidentiality. E. iPad, Internet, and email activities carried out in the performance of official duties will be traceable to the City of Tustin and may impact the reputation of the City. Council Members shall 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. F. Council Member notes and records regarding the use of the device, ~ 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. 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 and materials stored on iPads will be entirely exempt from disclosure. G. Council Members shall 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. Council Members shall not use a City email account to send any messages of an obscene, libelous, vulgar, or defamatory nature. Council Members shall not use any email, instant messaging or other communication program, during any City Council meeting nor use the iPad in any way as to violate the open meeting requirements of the California Brown Act. SECTION 4: COMPLIANCE Any violation of any provision of this Policy may constitute official misconduct and be grounds for discipline including, but not limited to: 1) Discontinuance of the privilege of using aCity-issued iPad; 2) Removal of the Council Member from any appointed positions on a board, commission, or committee; and 3) Verbal reprimand or censure of the Council Member for such violation. SECTION 5: 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 email communication, a City Council Member shall sign the City of Tustin iPad Agreement, a copy of which is attached hereto. SECTION 6: RETURN POLICY Council Members shall return their City-issued iPad to the City Clerk when the individual Council Member's term and service on the Tustin City Council has ended. Upon return of the iPad to the City Clerk at the end of a Council Member's term and service, any public record content on the returned iPad will be backed up and retained consistent with the California Public Records Act. Each returned iPad will subsequently be wiped clean of any and all information before such iPad is assigned to any other person. SECTION 7: CONCLUSION The City of Tustin has made available to Council Members an iPad, Internet, and email access 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 iPad devices. 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. 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 reimburse 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, or communication equipment. City Council Member Date CITY OF TUSTIN IPAD POLICY APPROVED BY CITY COUNCIL ON MAY 17, 2011 (FOR REFERENCE) 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 our duties as members of the City Council, including service as members of other boards and commissions of other government agencies as a result of our membership on the City Council, and thereby improve our 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 files 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, 2 and completely at all times. SECTION 3: COMPLIANCE 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: 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 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. Upon return of the iPad to the City Clerk at the end of a Council Member's term and service, any public record content on each returned iPad will be backed up and retained consistent with the California Public Records Act; each returned iPad will subsequently be wiped clean of any and all information before such iPad is assigned to any other person. 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. 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