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CC Resolution No. 1823 94 RESOLUTION NO. 1823 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS; ADOPTING A POLICY FOR CITY COUNCIL USE OF CITY LAPTOP COMPUTERS, E-MAIL AND INTERNET CONNECTIONS; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section l: That the City Council of the City of Baytown, Texas, hereby adopts a policy for City Council use of City laptop computers, e-mail and internet connections. Said policy is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: This resolution shall take effect immediately from and after its passage by the City Council of the City of Baytown, Texas. INTRODUCED, READ and PASSED, by the affirmative to of the City Council of the City of Baytown this the 141b day of December, 2006. y STtPHEN H. DONCARL , Mayor c - r i �c OODY, ity Clerk APPROVED AS TO FORM: NACIO RAMIREZ, S ity Attorney R—Karen\Files\City Council\Resolutions\2006\December 14\LaptopintemetPolicy4Council.doe City Council Use of Laptop Computers, Email and the Internet 1.0 PURPOSE The purpose of this policy is to establish rules and procedures for all members of the Baytown City Council ("Council Members") concerning the use of City computer laptops and printers, as well as electronic mail ("email") and the Internet, whether accessed through such laptops or otherwise in furtherance of business of the City. All members of the Baytown City Council are expected to adhere to this policy. 2.0 EQUIPMENT PROVIDED Each City Council Member will be provided a laptop and printer purchased by the City to be used for official City business, such as submitting electronic agenda items, accessing City- related email and researching City-related information on the Internet. The serial number, make and model, and date will be annotated on a form with the appropriate Council Member's signature indicating this hardware has been provided directly to that member. Council Members shall not allow anyone other than themselves or authorized City employees to use the laptop or printer, or to access City email or City-provided Internet services. 3.0 USE OF EQUIPMENT, SOFTWARE, EMAIL AND THE INTERNET Activities performed on or with City-provided equipment, hardware, peripherals, software, systems and/or supplies are subject to the Texas Open Meetings Act, the Public Information Act, the Local Government Records Act, and all other applicable laws, including, but not limited to, the laws related to political advertising. 4.0 ELECTRONIC MAIL A. Uses: No Council Member should have an expectation of privacy when using the City's email system or any other system in furtherance of the City's business. Email messages through the City's email system should be related to the City's business. All City-related emails must be distributed and maintained in accordance with all applicable laws. The following acts are expressly prohibited: 1. Encrypting any email message without first depositing the encryption key with the ITS Department through City Administration; 2. Intercepting, eavesdropping, recording, or altering another person's email message; 3. Adopting the identity of another person on any e-mail message, attempting to send email anonymously, or using another person's password; 4. Misrepresenting affiliation with the City on any email message; EMW A 5. Sending or receiving software in violation of copyright law; 6. Using email in a manner that is disruptive or offensive to reasonable persons; and 7. Using email to display or transmit: • Sexually explicit images, messages, or cartoons; • Communications containing ethnic slurs, racial epithets, or anything that may be construed as harassment or disparagement of others based on their race, national origin, sex, sexual orientation, age, disability or religious or political beliefs; or • Messages containing vulgar language or threats of violence. B. Access: All City-related email messages, whether transmitted by the City's system or otherwise, and all email messages transmitted by the City system or though the City- provided laptops are records of the City; and, as such, the City has the right to access and the Council Members have the obligation to disclose the contents. C. Retention: All emails, whether sent or received, must be retained in accordance with law. Questions concerning the appropriate retention schedule should be addressed with the City Clerk. 5.0 SOFTWARE Council Members are not permitted to install their own copies of any software onto the City of Baytown's equipment. Council Members are prohibited from copying software from the City of Baytown's computers or installing such software on home or any other computers unless such installation is in accordance with the applicable licensing agreement and has been previously authorized by City Administration. 6.0 INTERNET SERVICE No Council Member shall have any expectation of privacy in the information accessed or transmitted through the City's Internet system or any other system if accessed or transmitted through a City-provided laptop. The following are expressly prohibited when accessed or transmitted either through the City's Internet system or through any other system if accessed or transmitted through a City-provided laptop: A. Uses prohibited by State or Federal law; B. Viewing or transmission of threatening, obscene or harassing materials or correspondence; 2 C. Solicitation or viewing of sexually explicit videos, images, messages, materials, books, magazines,jokes, or cartoons; D. Unauthorized distribution of City information; E. Intentional interference with or disruption of network users, services or equipment; F. Uses furthering private purposes, such as private advertising of projects or services; G. Solicitation for religious and political causes, or other causes unrelated to official City business; and/or H. Any activity meant to foster personal pecuniary gain. 7.0 MAINTENANCE AND REPAIR As necessary, City Council members shall make available the City-provided laptop to the City Administration in order for the Information Technology Services Department to perform security and software updates. Preventive maintenance will be scheduled so that there is minimal impact on a Council Member's performance of his/her official duties of the City. Council Members will take reasonable and customary care of the laptops. Should there be system problems (hardware or software) of a nature that requires immediate attention (i.e., prevents the Council Member from performing his/her duties in an efficient manner), the laptop will be turned in to City Administration during normal working hours (Monday-Friday, 8:00 a.m. to 5:00 p.m.) and a "loaner," if available, will be issued temporarily until the original laptop is repaired. City Management will notify the Council Member upon repair of the original laptop and an exchange will be accomplished at his/her earliest convenience. Replacement of obsolete laptops will be in accordance with the annual City budget. Council Members must turn in the City-provided equipment, hardware, peripherals, and supplies upon vacating their seat on the City Council. 8.0 EFFECTIVE DATE This policy becomes effective upon adoption by the Baytown City Council. R Karen Files\City CouncilAPolicyVLaptopEmeillntemetPolicyCleanR.doe 3