HomeMy WebLinkAboutOrdinance 2001-120
ORDINANCE NO. 2001-.l2.Q
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR A POLICY ON
UTILIZATION OF THE CITY COMPUTER NETWORK, INCLUDING
ELECTRONIC COMMUNICATIONS VIA THE INTERNET AND
ELECTRONIC MAIL; PROVIDING FOR ACCEPTABLE AND
UNACCEPTABLE USES OF INTERNET SERVICES AND ELECTRONIC
MAIL; CREATING EXCEPTIONS; PROVIDING FOR A DISCLAIMER
OF CITY LIABILITY; PROVIDING FOR RESPONSIBILTY OF
EMPLOYEES; PROVIDING FOR PUBLIC RECORDS; PROVIDING FOR
RIGHT OF INSPECTION; AUTHORIZING THE CITY MANAGER TO
ESTABLISH SECURITY POLICY; PROVIDING FOR SEVERABILITY
AND AN EFFECTIVE DATE.
WHEREAS, as the Internet and e-mail services have become available through the use
of the City of Sunny Isles Beach computer network system and the number of employees of the
City grows; and
WHEREAS, the City wishes to provide for an efficient, cost effective, secure and
standardized procedure for City Officials and employees with access to the Internet to set forth a
policy delineated by Ordinance; and
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Internet Usage and E-Mail Policy. This policy applies to all employees of the
City who have been given access to the Internet and computer network. Use of the City of
Sunny Isles Beach computer network is for the City of Sunny Isles Beach only, and must meet
standards as specified in this Ordinance. The City of Sunny Isles Beach provides several
information sharing technical services including electronic mail, intranet and internet service,
desktop support services, including network office automation file and print sharing, the primary
purpose of which is to support and enhance the research and information capabilities of the City
and to encourage electronic communications and sharing of information resources within the
City and the public at large. No employee should have any expectation of privacy as to his or
her Internet usage and electronic mail.
Section 2. Acceptable Uses for Internet and E-Mail Services. Acceptable uses of the
connputerresourcesinclude:
a. City of Sunny Isles Beach business purposes only, i.e., to communicate with
employees of government agencies, to research legal topics and to obtain useful
business information.
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b. Uses conducted in an responsible, efficient, ethical and legal manner for which
users must acknowledge their understanding of this Ordinance and guidelines as a
condition of receiving access with the burden of responsibility being upon the
user to inquire as to acceptable and unacceptable uses prior to such use.
c. Only those activities that enhance the ability of the users, increase their
productivity and provide opportunities for professional growth, pursuant to which
employees are encouraged to develop uses which meet their work-related
performance objective needs and which take advantage of the network function.
Examples of job related responsibilities are: accessing external data bases,
searching on-line public access information, disseminating documents to
individuals or groups; participating in electronic mail discussion groups on job
related topics; gaining access to software user support information and
documentation.
d. All E-mail transmissions should be used for business communications.
Section 3. Unacceptable Uses. Unnecessary or unauthorized Internet usage causes network
and server congestion. It slows other users, takes away from work time, consumes supplies, and
ties up printers and other shared resources. Unlawful Internet usage may also gamer negative
publicity for the City and expose the City to significant liabilities. Non-acceptable uses include
the following:
a Violation of any laws, regulation, departmental or City policies, including State
and County Code of Ethics.
b. Using profanity, obscenity or other language that may be offensive to another
person, including the use of the computer for threats, harassment, slander,
defamation, obscene or suggestive images or offensive graphical images. The
display of any kind of sexually explicit image or document is a violation of the
City's policy on sexual harassment. Sexually explicit material may not be
archived, stored, distributed, edited or recorded using the City's network or
computer resources.
c. Political endorsements or the sending of chain letters.
d. Commercial activities, except as maybe conducted as authorized by or from the
Financing Department for purchasing purposes.
e. Non-business software, including games or entertainment software, use for any
personal reasons, resulting in or relating to personal gain or for profit enterprise;
copying (uploading or downloading) commercial software in violation of
copyright law.
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f. Deliberate attempts to degrade or disrupt system performance for any use that is
not related to the performance of job responsibilities and professional
development.
g. Transmission of any material in violation of U.S., state or local law ordinance,
regulation or policy including unlawful or inappropriate communications as stated
above, including, but not limited to, offensive, intimidating or embarrassing
comments, jokes, slurs, insinuations, rumors or pictures based on race, sex, age,
religion, color, national origin or disability.
Section 4. Exceptions. Exceptions to the foregoing unacceptable uses may be limited to
police investigations into criminal activities, which may require the use of the Internet for
information and intelligence gathering. This is permissible with the prior approval of the Chief
of Police who shall inform the City Manager.
Section 5. Right of Inspection. The City has software and systems in place that can
monitor and record all Internet usage. All employees should be aware that the City's computer
system is capable of recording each Wodd Wide Web site visit, each chat, newsgroup or e-mail
message, and each file transfer into and out of the City's computer network. The City reserves
the right to inspect all files stored in private areas of the City's computer network in order to
assure compliance with this ordinance. The City Manager and/or his/her designee may review
the Internet activity and analyze usage patterns to assure that the City's Internet and computer
resources are devoted to maintaining the highest level of productivity.
Section 6. Disclaimer of Liability. The City is not responsible for material viewed or
downloaded by users from the Internet. Users are cautioned that included among the massive
amount of information on the Internet is offensive, sexually explicit and inappropriate material.
In general, it is difficult to avoid coming into contact with some of this material on the Internet
even when performing innocuous search requests. In addition, having an e-mail address on the
Internet may lead to receipt of unsolicited e-mails containing offensive content. Users accessing
Internet do so at their own risk and the City disclaims all liability.
Section 7. Responsibility of Employees. Employees are responsible for learning proper
techniques and standards for participation and for understanding such that, if they misuse the
network they will lose access and may be subject to disciplinary action, as may be provided by
the City Manager in administrative order. Particular concerns include issues of privacy,
copyright infringement, e-mail etiquette, computer viruses and any unintended use of computer
resources. Employees must request training, as needed, and stay current with new tools.
Additional policies, procedures and requirements may be set forth by the City Manager from
time-to-time for which employees are responsible for staying current.
Section 8. Public Records. E-mail messages made to, or received by City employees in
connection with official business shall be maintained as public records and are subject to
disclosure in the absence of exception, as provided by Chapter 119, F.S. 2000.
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Section 9. Security Policy. While the City's ability to connect to the Internet offers potential
benefits, it can also open the door to some significant risks to our data and system if City
employees do not follow appropriate security discipline. A City employee can be held
accountable for any breaches of security or confidentiality. The City Manager is authorized to
adopt a security policy.
Section 10. Severability. The provisions of this Ordinance are declared to be severable and if
any section, sentence, clause or phrase of this Ordinance shall, for any reason, be held invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
clauses and phrases of this Ordinance but they shall remain in effect, it being the legislative
intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 11. Effective Date. This Ordinance becomes effective ten (10) days after adoption at
second reading.
PASSED AND ADOPTED at first reading the 17th day of A
PASSED AND ADOPTED on second reading this J:}~
,2001.
...
ATT;EST:
.
~c4'~~U~
RicQ:ard B~own-Mo;riHa, City Clerk
./
APPRQVEQ AS TO FORM
AND LEGAL SUFFICIENCY:
~,~.. ~-
E - M. Dannheisser, City Attorney
Motion on second reading by: ~-~~f;.r ~
Second on second readIllg by:
Vote:
Mayor David Samson
Vice Mayor Lila Kauffman
Commissioner Connie Morrow
Commissioner Daniel Iglesias
Commissioner Irving Turetsky
(yes) V
(yes) V
(yes) v'
(yes) V
(yes )7
(no )_
(no)_
(no)_
(no)_
(no)_
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