[Ord. No. 10516, 9-20-2018; Ord. No. 10681, 9-3-2020; Ord. No. 10776, 10-6-2022; Ord. No. 10803, 4-20-2023]
a. 
APPLICABILITY.
The computer system, network, Internet and email access is the backbone of City operations and as such is an expensive infrastructure that needs to be monitored and protected. This Policy applies to all employees and any other individuals who are provided access to the City's computer system. Third parties should only be provided access to the computer system as necessary for their business purpose with the City and only if they abide by all applicable Personnel Rules and Regulations.
b. 
COMPUTERS.
The hardware and software that make up the City's computer system and all data on the system is the property of the City of Kirkwood. All data, including electronic messages within the system, is the property of the City and may be public records for the purpose of retention or accessible via Missouri's Sunshine Law and Public Records Law. The City purchases, owns, and administers the necessary software and licenses and employees may not rent, copy or loan the software, or its documentation.
Computers may not be relocated to another office without the permission of the MIS Department. Employees may not bring in any personal computer or other device including MP3 players to connect to the system without the permission of the MIS Department.
Even the most innocuous games, screen savers, and popular software have the capability of unknowingly introducing spyware, viruses, and backdoor access to our system. As a result, no software, applications, or modifications may be downloaded or made to City-owned equipment. The MIS Department may approve screen savers upon request. No instant messaging software may be downloaded and streaming audio (using the computer to listen to the radio) is prohibited unless authorized by the CAO as it reduces available bandwidth.
Employees should have no expectation of privacy in their use of any City-owned equipment or computer system. The City may at any time monitor, retrieve or recreate any files, calendars or computer communications of any employee. Employees should expect that their activities on computer devices or telephone devices can be reviewed at any time.
Employees who leave employment with the City have no property rights to contents of their email messages or computer files. Supervisors or managers may access an employee's computer system and email at any time.
c. 
EMAIL/TEXTS.
The email system is provided by the City for the purpose of internal and external business related communication. The system and all electronic messages within the system are the property of the City of Kirkwood. Texts sent through City provided cell phones are also the property of the City of Kirkwood and employees should have no expectation of privacy regarding such messages.
d. 
EMAIL/TEXT ETIQUETTE.
Employees should be aware that while email and texting is a quick and convenient method of communication, once sent the email/text can be viewed potentially by the public so sending or forwarding of email/text messages should be carefully considered for appropriateness and good judgment. Humor is often contextual and augmented by body language and so email/texts may not be the most appropriate method of transmission. Electronic discussion of topics internally that begin to become controversial or involve significant differences of opinion should be discontinued in favor of face-to-face discussion.
With over 200 internal users of the email system employees receive frequent emails. The system offers the availability of addressing all users with a group address entitled all-users. No employee is permitted to use the all-users email address without prior approval by the Department Head. Such approval shall be granted only when strictly necessary to conduct City business.
e. 
PROHIBITED USES OF EMAIL/TEXTS.
The following email/text uses including sending or forwarding communications are expressly prohibited:
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Communications that are disruptive, offensive, abusive, threatening or exceed the bounds of generally accepted standards of good taste and ethics.
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Communications of sexually explicit images or messages.
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Communications that contain anything that might be reasonably construed as harassment or disparagement of others based on race, national origin, color, pregnancy, ethnicity, sex, sexual orientation, age, ancestry, disability or religious beliefs (except as may be specifically required as part of police reporting procedures including the statements of other parties).
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Solicitation for commercial ventures, religious or political causes.
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Any other use that may harm or compromise the integrity of the City or be otherwise inappropriate to the City's organizational philosophy.
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Intercepting, eavesdropping, recording, or altering another person's email/text message without authority.
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Attempting to send email/texts anonymously or adopting the identity of another person on any email/text message, or using another person's login, other than with permission.
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Sending, downloading, or using information or software in violation of copyright law.
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Engaging in personal commercial activities including offering services or merchandise for sale.
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Engaging in any email/text activity that would create liability for the City of Kirkwood.
f. 
RETENTION.
Depending on the content of an email message, it may be considered a formal record and should be retained pursuant to a departmental, City, or Missouri record retention schedule. Accordingly, email messages should be written with care with the understanding they may be public records. Employees should be aware that when they have deleted a message from their workstation mailbox it may not have been deleted from the server. The message may be residing in the recipient's mailbox or forwarded to other recipients. Unless there is a reason for archiving or retaining an email, employees should delete sent and received messages regularly as accumulation of files will degrade system performance and response times. Employees and departments are responsible for retaining and archiving their own documents, emails and other records and should not rely on system back-ups as an appropriate retention method. Since space is limited and costly, employees should not be retaining personal emails, documents, spreadsheets, or photos on the system.
g. 
INTERNET.
Access to the Internet is provided for work related information gathering and communication.
h. 
PROHIBITED INTERNET USAGE.
Accessing sites that are pornographic or sites that promulgate violence or terrorism (also commonly known as "hate" sites), or sites that allow gambling are inappropriate and expressly prohibited using City-owned equipment (except in the course of law enforcement purposes).
i. 
PERSONAL USE.
The City recognizes that occasional personal use of computer equipment, cell phones, email and Internet is desirable to employees and overly tight restrictions are detrimental to morale and unproductive to enforce. Such use should generally be limited to lunch and outside of (before or after) work time and only if the equipment is not needed for City business. Employees should consider the personal use of City email privileges in the same manner as use of a City telephone or personal cell phone. Limited personal use is expected to occur but should not interfere with being productive or performing expected job duties. Prohibited uses of email and Internet browsing are violations regardless of whether they occur during work time, non-work time or during occasional personal use and are subject to discipline up to and including termination. All uses of City equipment, whether business or occasional personal use, are subject to monitoring. Excessive personal use will be subject to discipline. Employees should address questions on what constitutes excessive personal use to their Department Heads.
j. 
IMPLEMENTATION AND ADMINISTRATION OF POLICY.
It is the responsibility of each individual employee to understand and comply with this Policy. To ensure the safety and uncompromised integrity of the system employees have the responsibility for reporting inappropriate use or activities to their Supervisor. Department Heads are responsible for ensuring compliance with the Policy within their departments.
Upon hire the Personnel Department will be responsible for distributing this Policy as part of the City's Personnel Rules and Regulations. The MIS Department will provide training on how to access the system. Training on specific applications is regularly available and Department Heads and employees should arrange opportunities for taking advantage of those sessions. Employees with email access should at minimum take the introductory course for GroupWise and be competent in its basic use, archiving, and use of the scheduling and calendar function.