Loading...
HomeMy WebLinkAbout14-ATTACHMENT B (EMAIL POLICY)ATTACHMENT B DRAFT E-MAIL POLICY CITY OF TUSTIN DRAFT E-MAIL POLICY Electronic telecommunications systems (e-mail, voice mail, fax systems, PDAs, Internet, etc.) are a media for transport of communication and are methods to send, receive, or temporarily store correspondence. Communications generated through these systems are not City records retained in the ordinary course of business and subject to records retention policies until the communication has been printed and retained or downloaded into a local file folder and specifically recognized as a City record. This is the same manner in which paper mail is managed: Employees determine what is a record that needs to be retained pursuant to the City's records retention schedule, what records are preliminary drafts, copies or non -records and then file, or dispose of the record based upon the City's records retention policies and procedures. Retention of an e-mail, electronic, or paper record is determined either (1) because a law required it to be kept or (2) because it is necessary or convenient to the discharge of the public officer's duties, and was made or retained for the purpose of preserving its informational content for future reference.' To qualify as a public record under CPRA, at a minimum, a writing must relate in some substantive way to the conduct of the public's business.2 E-mail is a business tool which will be used in accordance with generally accepted business practices and current law reflected in the California Public Records Act to provide an efficient and effective means of intra -agency and inter -agency communications. These procedures apply to all employees, advisory body members, council members, contractors, interns, volunteers, and others when they are using City -provided electronic technology. Users are solely responsible for the management of their mailboxes, just as they are responsible for sorting through paper mail in their in -boxes from the US Post Office or inter -office memoranda. E-mail is not a records management system and staff are expressly forbidden to use it as such. E-mail in -boxes and out -boxes shall be emptied on a regular basis, after records have been appropriately saved, as outlined below. Official Records Are Saved, and Stored in Subject / Project File Folders. E- mail messages which are intended to be retained in the ordinary course of the City's business are recognized as official records that need protection / retention in accordance with the California Public Records Act. Because the e-mail system is not designed for long term storage, e-mail communications which are intended to be retained as an official record (those that relate in a substantive way to the conduct of business, or those that are made or retained for the purpose of preserving the informational content for future reference) should be 1 California Attorney General's Opinion, 64 Ops. Cal. Atty. Gen. 317 2 City of San Jose v. Superior Court (Smith). S218066. Supreme Court of California, 2017 ©1995 - 2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Page 1 of 3 Do not duplicate or distribute without prior written consent printed out and the hard copy filed in the appropriate subject / project file, or saved in an electronic subject / project folder within 60 days of receipt. 2. Retention is Based on the Content of the E-mail. The City will maintain all e- mail messages determined by staff to be official records (those that relate in a substantive way to the conduct of business, or are made or retained for the purpose of preserving the informational content for future reference) for the period of time designated in the City's retention schedule, based upon the content of the e-mail) by printing and saving them in a paper subject / project file, or by saving them electronically in a subject / project folder. 3. All City Policies Apply / Professional Communications. All City policies apply to electronic media, including but not limited to the City's policies on harassment, discrimination, and retaliation; the information system; and internet use. Make sure all of your communications are appropriate and are within City policy. Employees are to use professional, courteous communications, and to abide by all laws and City policies. 4. Deletion of E-mail. E-mail communications that DO NOT relate in a substantive way to the conduct of business, or are NOT required to be retained by law nor by the City's Records Retention policies, and were NOT made or retained for the purpose of preserving the informational content for future reference (preliminary drafts, notes, transitory correspondence, interagency or intra -agency memoranda not retained in the ordinary course of business) will be deleted by employees as soon as they are no longer required. The City will auto -delete e-mails left in the following mail boxes on a routine basis: (1) In Boxes (delete what remains after 2 years) (2) Sent Items (delete what remains after 2 years) (3) Deleted Items (delete what remains after 90 days) 5. Archiving and "Auto -Archiving" of e-mails is allowed, but only for e-mails that need to be retained. Employees shall NOT archive ALL e-mails they receive or send. Archives should only contain e-mails that need to be retained for the purpose of preserving its informational content for future reference. Be aware that the default for Archived e-mail is on the C: Drive, which is not backed up, and records stored in archives that are responsive to a Public Records Act request must be searched and produced by employees. 6. Personal E -Mail Accounts/Text Messages/Voicemails. The City prohibits the use of personal accounts through communication of email, text messages, and voicemails and similar technology to conduct City business. The Information Technology Division will assign a communication account to Designated Employees, Council Members and Commissioners to conduct City business offsite as needed. i) E-mails, records, and/or text messages stored on personal devices relating to the conduct of City business may be subject to the Public Records Act. In the event a request for records is received, employees, Council Members and ©1995 - 2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Page 2 of 3 Do not duplicate or distribute without prior written consent Commissioners will be responsible for locating all records responsive to such request, including any records stored on personal devices (unless an exemption applies.) 7. Forwarding E-mails. E-mails may only be sent or forwarded to appropriate persons with a need to know the information in order to conduct City business. 8. Protection of Confidential E-mail. Write the word, "Confidential" on protected e-mail. Do not "interfile" e-mail or other privileged correspondence from the City Attorney's office with public documents (documents that are accessible to the public). These e-mails may be subject to the Attorney -Client and or the Attorney Work Product privileges, and the contents should not be disclosed without first checking with the City Clerk. 9. Litigation Holds / Other Types of Holds. E-mails subject to litigation (including a reasonable expectation of litigation,) claims, complaints, audits, records requests and/or investigations suspend normal retention periods (retention resumes after settlement or completion of the triggering hold). 10. Separation / Transfer of Employees. i) Departments must inform both the Human Resources Department and Information Technology Division as soon as the e-mail user separates from the City. ii) Human Resources will ensure / confirm that Information Technology knows an e-mail user has been terminated. iii) Information Technology shall ensure that employees that separate from the City do not have access to City e-mail on any device immediately after notification, and that the Supervisor has access to the former employee's e- mail account. iv) The records stored in the e-mail account (including any archives,) of an employee who separates or transfers shall be the responsibility of that employee's (former) supervisor. v) The Supervisor shall review the e-mails of the former employee, ensure the content of their e-mail account are preliminary drafts not retained in the ordinary course of business, then authorize their deletion (after appropriate records are retained for their retention period, if appropriate.) vi) E-mails that remain in an account (that are not saved in a subject / project file folder outside the e-mail system) will be routinely deleted after 2 years. ©1995 - 2017 Gladwell Governmental Services, Inc. (909) 337-3516 - all rights reserved Page 3 of 3 Do not duplicate or distribute without prior written consent