[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 7-20-2004 by L.L. No. 3-2004. Amendments noted where applicable.]
Officers and employees — See Ch. 36.
Editor's Note: This chapter was originally adopted as Ch. 37, but was redesignated to fit into the organization of the Code.
Access to certain technical resources; including, but not limited to, computers, software, network applications, internet, e-mail and other technology-based service, has been provided to certain public officials and staff for the benefit of the Village of Phoenix and its residents. It allows Village officials and staff to connect to information resources with the Village administration, the state, the country and the world. Every public official and staff member has the responsibility to use such technology in a professional manner and consistent with his or her elected and appointed responsibilities. The purpose of such advanced communications technology is to assist public officials and staff members in presenting a more efficient and advanced level of government services to the Village.
Individual users of the Village computer network, internet and other technical resources are responsible for their behavior and communications in the use of such technology. Users shall comply with the Village policy and procedure contained in this chapter. "Users" are defined as individuals who are public officials or Village staff members authorized by the Mayor and Board of Trustees to use and conduct business over Village technical resources.
The following is not permitted:
Sending, retrieving, displaying or printing offensive messages.
Using obscene language or engaging in use of the network for obscene purposes or activities. "Obscene activities" shall be defined as violation of generally accepted social standards for the use of a publicly owned and operated communications vehicle.
Harassing, insulting or attacking others,
Damaging computers, computer systems or computer networks.
Violating copyright laws.
Using or changing other's password.
Trespassing in other's folders, work or files.
Accessing resources not related to the user's department or work without permission.
Intentionally wasting limited resources.
Employing the network for commercial or personal purposes.
Using or damaging the network for any purpose which violates federal, state or local laws.
The internet should not be used for personal gain or advancement of individual views. Solicitation of non-Village business or any use of the internet for personal gain is strictly prohibited. Use of the internet must not disrupt the operation of the Village network or the networks of other users. It must not interfere with Village staff productivity.
All employees are responsible for the content of all text, audio or images that they place or send over the internet. Fraudulent, harassing or obscene messages are prohibited. All messages communicated on the internet should have the sender's name attached. No message will be transmitted under an assumed name. Users may not attempt to obscure the origin of any message. Information published on the internet should not violate or infringe upon the rights of others. No abusive, profane or offensive language may be transmitted through the system. Employees who wish to express personal opinions on the internet are required to do so only on their own personal computers, off-premises and with e-mail addresses and passwords unconnected to or affiliated with the Village of Phoenix.
All messages created, sent or retrieved over the internet are the property of the Village of Phoenix. The Village reserves the right to access and monitor all messages and files on the computer system as deemed necessary and appropriate. The confidentiality of any message should not be assumed. Even when a message is erased, it is possible to retrieve and read that message. Further, the use of passwords for security does not guarantee confidentiality. All communications, including text and images, can be disclosed to law enforcement or other third parties without prior consent of the sender or the receiver.
Notwithstanding the Village's right to read and retrieve any electronic mail messages, such messages should be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or read any e-mail messages that are not sent to them. Any exceptions to this policy must receive prior approval from the system administrator or the Village. Employees should not attempt to gain access the another employee's messages without the latter's permission. All computer passwords and login names must be submitted to the systems administrator. No codes may be used that are unknown to the systems administrator.
To prevent a computer virus from being transmitted through the system, there will be no unauthorized downloading of any software. All software downloads will be done through the systems administrator or someone authorized to do so by the systems administrator.
If any provisions of this chapter are held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the remaining provisions of the chapter shall remain in effect.
This chapter shall become effective immediately upon filing with the Secretary of State.