No. 85-10

Summary for publication:

The full text of this ordinance is available for reading at the Town Hall and will be mailed upon request. Requests should be directed to the Town of

Cathlamet, P.O. Box 68, Cathlamet, WA 98612.

TOWN OF CATHLAMET

ORDINANCE NO. 531-10

AN ORDINANCE AMENDING ORDINANCE NO. 518-09 AND Cathlamet MUNICIPAL CODE (CMC) CHAPTER 2.55

AND ENACTING NEW PROVISIONS RELATING TO PERSONNEL RULES AND REGULATIONS.

WHEREAS, the Council of the Town of Cathlamet recognizes the Town's growing dependence on electronic communications media in the conduct of the Town's business, and the evolving legal regulatory environment relating to electronic communications and data access technologies; and

WHEREAS, the Council of the Town of Cathlamet has reviewed the current Personnel Policies and has identified the need to establish a policy directing Town personnel on matters dealing with the proper use and handling of E-mail, internet and network communications and technology;

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF CATHLAMET:

1. Cathlamet Municipal Code Chapter 2.55. - PERSONNEL POLICIES is hereby amended to add Section 2.55.545 - E-mail, Internet and Network Policy, which is hereby enacted as follows:

2.55.545 E-Mail, Internet and Network Use Policy

1. Purpose. The Town of Cathlamet provides a communications network capable of offering Electronic Mail (E-mail) and Internet access, where applicable, to employees to assist in and facilitate legitimate Town business communications. The Town's network and systems should be dedicated to providing service to the public and used primarily for Town business. Utilization of these systems is a privilege. Employees should never put information on or access E-mail or Internet services unless they would feel comfortable accessing or putting the same information in a widely distributed office memo. By using the Town’s network systems (including e-mail and Internet), employees agree that they are aware of, understand and will comply with the provisions of this policy.

2. Definitions. [see full text].

3. Use of Town Systems.

The Town’s computer system is provided to assist employees to perform their jobs, share files, and communicate with each other internally and with outside individuals and organizations. The Town’s computer system should primarily be used for Town business purposes; provided, occasional or incidental personal use is permitted within the guidelines below.

4. Prohibited and Inappropriate Uses.

A. Use of the Town's computer system to engage in any communication which violates federal, state, or local laws, codes, and regulations, Town policies and procedures is strictly prohibited at all times.

B. In addition, the following uses of the Town's systems are inappropriate and are prohibited at all times unless there is a legitimate business need. ...

5. Appropriate Use.

A. The Town’s computer systems may be used by employees for Town business. ...

6. E-mail.

A. All e-mail messages, whether created or received, are the property of the Town of Cathlamet and will generally be considered to be public records, with certain exceptions, and therefore will be subject to disclosure pursuant to the Public Disclosure Act, RCW 42.17. and the public will be deemed to have the right to examine most public records. If there is concern about potential public disclosure of the substance of a communication then E-mail should not be used.

B. [See full text for paragraphs 6.B through 6.H.].

7. World Wide Web (WWW) Access.

A. The Internet is a great storehouse of information and contains resources that can greatly enhance our ability to deliver cost-effective services to our customers. The Town encourages exploration of the Internet for legitimate business-related or professional activities.

B. [See full text for paragraphs 7.B through 7.D].

8. Computer System Access.

A. The Town treats all information transmitted through or stored in the system, including E-mail messages, as business information. An employee or anyone else using the Town’s computer has no expectation of privacy in the use of that computer. The Town has the capability and retains the right to access, review, copy, modify, and delete any or all of such business information for any purpose and to disclose it to any party (inside or outside the Town) it deems appropriate or as required by law.

B. Those files containing personal information of any employee as a result of the employee making incidental use for personal purposes, including transmission of personal E-mail messages will be treated no differently than other business files and information. Accordingly, employees should not use the computer system to send, receive or store any information that they wish to keep private.

9. Records Retention.

The Town has the obligation to maintain all electronic files and records in the same manner in which paper records are to be maintained in accordance with the State archivist records retention schedule.

10. Policy Compliance.

Use of the Town’s computer system including E-mail and Internet services is a privilege. Inappropriate use or violations of this policy may result in disciplinary action, up to and including termination. ... [See full text].

If, as a result of the investigation, sufficient facts are gathered to support the allegations, it is the responsibility of the Mayor to administer any disciplinary action(s) necessary after consultation with the Town Council. Violation of this policy can result in discipline up to and including termination.

2. This ordinance shall take effect and be in full force five (5) days after passage and publication.

Passed first reading: 05/17/10

Passed second, third and final reading: 06/21/10

ATTEST:

________________________

Tina Schubert,

Clerk-Treasurer

Approved As To Form:

THOMAS M. DOUMIT

Thomas M. Doumit

Town Attorney,

WSB No. 28209

Publish July 1, 2010