1.02.003_Electronic Equipment and Internet for City CouncilPolicy #: 1.02.003
Type: City Council
Effective Date: 2005
City of Rohnert Park *CONCURRENT MEETINGS Former Policy#: 405.36
April 26, 2005 PE
-
Subject to Brown Act: Confirmation from City Attorney
Kenyon that PROS Committee, adopted as a Council
action, is subject to the Brown Act.
Council priorities per facilities: Direction for PROS
Committee to come back with recommendations.
Next PROS report before Council: Direction to have
formal reports to the Council on a regular basis and
to work out said schedule with the Interim City
Manager or Mayor Mackenzie.
8. APS ENERGY REPORT:
Presentation by David Theriault of APS Energy Services:
Council Discussion/Direction/Action:
City Manager Leivo shared opening comments.
Mr. Theriault gave an.oral report on the status and
benefits of upcoming APS Energy Report for the City, and
he responded to Council questions/comments.
9. ELECTRONIC EQUIPMENT AND INTERNET FOR COUNCIL:
Review and direction for proposed implementation:
1. Staff Report: City Manager Leivo reviewed the
contents of the Staff Report and responded to Council
questions/comments.
2. Council Discussion/Direction/Action: A MOTION was
made by Councilmember Smith, seconded by Councilmember
Flores, to adopt a,program to be funded through the
Fiscal Year 2005-06 budget process to have the City
provide electronic equipment and internet access to
the Councilmembers per staff's recommendations as
outlined in the Staff Report. A clarification of the
motion was made by City Manager Leivo that the City
will allocate $1500 or less annually per Councilmember
to begin in the next fiscal year for said electronic
equipment and internet access. The maker of the
motion and the second agreed. Under discussion, Mayor
Mackenzie noted that Council and staff need to have a
discussion about going "paperless. City Attorney
Kenyon noted that electronic media will be public
record. Councilmember Smith urged staff to look for
deals on electronic equipment and internet access, and
Mayor Mackenzie suggested calling Comcast.
Councilmember Flores noted that other cities
frequently provide computers to Councilmembers.
*City Council/Community Development Commission/
Rohnert Park Financing Authority
sp
City of Rohnert Park *CONCURRENT MEETINGS MINUTES
April 26, 2005 Page (6 )
Said motion was APPROVED 3-1-1 with Councilmember
Spradlin dissenting and Vice Mayor Vidak-Martinez
absent.
10. CAMPAIGN FINANCE REFORM:
Campaign Finance Limitations - Consideration and
Direction to staff regarding possible Campaign Finance
Reform Regulations:
Council Discussion/Direction/Action: At the suggestion
of Councilmember Smith, Council AGREED TO DEFER
consideration of said item until the next Council meeting
for a full Council review.
11. LETTER TO JERRY JOHNSON, DEPUTY SUPERINTENDENT OF THE
SONOMA COUNTY OFFICE OF EDUCATION:
Consideration of letter supporting the transfer of UD LLC
and Vast Oak Properties to the Cotati-Rohnert Park
Unified School District:
Council Discussion/Direction/Action: Mayor Mackenzie
briefly explained this letter of support. Upon MOTION by
Councilmember Flores, seconded by Councilmember Spradlin,
a motion to direct the Mayor to sign this letter of
support was APPROVED 4-0-1 with Vice Mayor Vidak-Martinez
absent.
12. EMERGENCY OPERATIONS PLAN:
Consideration of Emergency Operations Plan (EOP) with
revisions/additions requested at the February 8, 2005
Council meeting:
1. Lieutenant Dave Frazer, Department of Public Safety,
available to answer questions: City Manager Leivo
shared opening comments, and Lieutenant Frazer, as
well as City Manager Leivo and City Engineer Jenkins,
responded to Council questions/comments. On page 14
under "Multi -Agency or Inter -Agency Coordination,"
Councilmember Smith recommended changing the word
"guaranteeing," and Lieutenant Frazer suggested the
word "ensuring." Mayor Mackenzie followed through on
Council questions/comments with the following
DIRECTIONS TO STAFF: (1) City Attorney Kenyon to
review Municipal Code Section 2.52.010 in the context
of the Final EOP to see if it needs any changes and
report back at the next Council meeting; (2) Addition
of a paragraph at the beginning of the EOP document
*City Council/Community Development Commission/
Rohnert Park Financing Authority
Meeting Date
Department:
Submitted By:
(Name & Title)
Submittal Date:
Agenda Title
CITY OF ROHNERT PARK
COUNCIL AGENDA ITEM TRANSMITTAL REPORT
April 26, 2005
Administration
Steve Donley, Assistant City Manager
April 18, 2005
Electronic Equipment and Internet Access for City Councilmembers
Requested Council Action: City Council review and direction on the proposed implementation
of electronic equipment and internet access for City Councilmembers.
Summary:
At the April 12, 2005 City Council meeting, the City Council directed staff to develop options
for the Council's use of electronic equipment and internet access. In developing
recommendations, staff reviewed policies previously adopted by the City Council on the use of
equipment and electronic media. The applicable policies are contained in the following
resolutions:
Resolution 2004-19: A Resolution of the City Council of the City of Rohnert Park
Establishing a Policy for Reimbursement of Expenses for City Council Members [attached
as Exhibit A]
Resolution 2005-43: A Resolution of the City Council of the Citv of Rohnert Park
Adopting Internet, E -Mail, and Electronic Media Use Policy [attached as Exhibit B]
Section Seven of Resolution 2004-19 states the following: "Each City Council Member shall be
provided with a City -owned and maintained.fax machine and any other such equipment as the
City Council determines is necessary to use in the conduct of the official business of the City of
Rohnert Park. " The purpose of Resolution 2005-43 is to: "set forth and define the appropriate
use of the City of Rohnert Park's computer and telecommunications systems. " Using
Resolutions 2004-19 and 2005-43 as a guide, staff recommends the following implementation of
providing electronic equipment and internet access to City Councilmembers:
Each City Councilmember is provided with a City -issued laptop computer and printer:
• Even though individual Councilmembers may already have their own electronic
equipment, staff recommends issuing a laptop and printer to all Councilmembers.
This will enable staff to provide cost-effective technical support and it will protect
the Councilmembers from disclosing information on their personal computer when
complying with a California Public Records Act request.
• Staff recommends a laptop versus a desktop because of its portability. As the City
continues to move forward with document imagining and electronic agendas, it
will be necessary for Councilmembers to have a computer available to them at
`�S,-
their home and City Hall. A laptop is the only practical way to provide computer
access to Councilmembers.
Each City Councilmember is provided with high speed internet access connection at
their home (e.g., DSL or cable).
• Many City documents available electronically (e.g., General Plan, Zoning Maps)
are not practical to access via a dial-up connection due to lengthy download time.
In addition, staff has been implementing City Council approved document
imagining systems with the long term goal of a completely electronic agenda
packet. Because of the current and future availability of electronic documents,
staff recommends the installation of a DSL or cable modem line at each
Councilmember's home.
Cost of providing electronic equipment and internet access:
The chart below outlines the cost to provide electronic equipment and internet access to all
Councilmembers. Since the City does not lease printers, there is a one-time cost of $200 ($1,000
for all Councilmembers for the purchase of printers.
Equipment/Service Annual Cost Per Total Cost for All Five
Councilmember Councilmembers
LAPTOP COMPUTER (leased) $ 600 $ 3,000
DSL/CABLE INTERNET $ 720 $ 3,600
TOTAL $ 1,320 $ 6,600
If the City Council desires to provide electronic equipment and internet for all City
Councilmembers, staff recommends funding this through the Fiscal Year 2005-06 budget
process.
CITY MANAGER'S RECOMMENDATION: ( ) Consent Item ( ) Regular Time
( ) Approval () Public Hearing Required
( ) Not Recommended O Submitted with Comment
( ) Policy Determination by Council
( ) City Comments:
City Manager's Signature: - Date: D
City Manager P6 Tempore, Stephencli. Donley
JH Share Drive-S:Council Agenda Transmittal (as of 1/2/04)
EXHIBIT A
RESOI.,UTION NO. 2004-19
A Resolution of the City Council of the City of Rohnert Park
Establishing a Policy for Reimbursement of
Expenses for City Council Members
SECTION ONE. Resolution Nos. 95-16 and 2000-117 are hereby repealed.
SECTION TWO. POLICY. It is the policy of the City of Rohnert Park that all City
Council Members shall be reimbursed for those actual and necessary expenses incurred
while engaged in the performance of their official duties on behalf of the City of Rohnert
Park described in this Resolution. Expenses incurred to lobby state and federal elected
and appointed officials shall be considered necessary expenses when the City Council has
approved a council member's participation in such lobbying activities.
SECTION TIIREE. CONVENTIONS/CONFERENCES. Attendance at all
conventions and conferences located outside Sonoma County shall require the prior
approval of the City Council. This section shall not apply to attendance at the following
conferences: League of California Cities; National League of Cities; Local Government
Commission; and Association of Bay Area Governments. All registration fees for
conventions or conferences shall be a proper expense.
SECTION FOUR. TRAVEL TRANSPORTATION REIMBURSEMENT. When
transportation is by automobile furnished by the individual making the reimbursement
claim such travel shall be reimbursed on a per mile basis in accordance with the then -in
effect rate of reimbursement established by the Internal Revenue Service. Travel
expenses by means of transportation other than automobile, shall be reimbursed based
upon the round trip air fare of a reasonable flight (taking into consideration time of day
and number of stops) from San Francisco International Airport or Oakland International
Airport to the closest airport serving the destination.
SECTION FIVE. FOOD LODGING AND MISCELLANEOUS EXPENSES. All
expenses for food, lodging and other necessary and reasonable expenses shall be
reimbursed on the basis of the actual cost for such expenses. Support for such
reimbursement claims shall be in sufficient and adequate detail. Reimbursement shall
be available for the cost of lodging for travel at least fifty miles from the City of Rohnert
Park; provided, however, that exceptions may be granted to this policy to allow
overnight lodging for travel that is not in excess of fifty mites for extraordinary
circumstances, such as multi -day conference which results in late night meetings and
subsequent early morning meetings, to avoid excessive travel time within a twenty-four
hour period.
Reso. No. 2004-19
SECTION SIX. TELEPHONE CALLS. Each City Council Member shall be issued a
City of Rohnert Park telephone credit/calling card to enable the council member to
charge the City of Rohnert Park for the cost of telephone calls made in the conduct of the
official business of the City of Rohnert Park up to a maximum of $50.00 per month and
reimbursement of amounts exceeding the $50.00 per month maximum should be
reimbursed to the City within thirty (30) days.
SECTION SEVEN. EQUIPMENT. Each City Council Member shall be provided with
a City -owned and maintained fax machine and any other such equipment as the City
Council determines is necessary to use in the conduct of the official business of the City
of Rohnert Park.
SECTION EIGHT. SPRECKELS PERFORMNG ARTS CENTER. Each City Council
Member shall be issued one complementary ticket for each performance at the Spreckels
Performing Arts Center.
SECTION NINE. NO REIMBURSEMENT. No reimbursement shall be provided for a
council member's attendance and expenses incurred at a non -City sponsored community
event unless the council member is representing the City in his or her official capacity.
DULY AND REGULARLY ADOPTED by the City Council of the City of Rohnert
Park this 27th day of January, 2004.
FLORES: AVE MACKENZIE: AVE SPRADLIN: ABSENT VIDAK-MARTINEZ: AYE NORDIX AVE
AYES: (4) NOES: (0) ABSENT: (1) ABSTAIN: (0)
RESOLUTION NO. 2005 - 43
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNF,RT PARK
Adopting
INTERNET, E-MAIL, AND ELECTRONIC MEDIA USE POLICY
WHEREAS, The City Council of the City of Rohnert Park adopted Resolution No. 99-01,
establishing an electronic media use policy, January 12, 1999; and
WHEREAS, Resolution No. 99-01 was amended April 27, 1999 by Resolution No. 99-93 to
change the language in paragraph III -Policy from "monitor" to "review".
WHEREAS, because new laws and legal cases in the area of Internet, E-mail and Electronic
Media Use, staff recommends the addition of City Access and Disclosure, Security and
Confidentiality information and updating former Media Use Resolutions.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Rohnert Park that
Resolution No. 2005-28 replace all existing Media Use Policy resolutions and amendments
per attached Exhibit A, thereto to date.
DULY AND REGULARLY ADOPTED this 22nd day of February, 2005.
CITY OF ROHNERT PARK
Atu'vor Jae Mackenzie
ATTEST:
Deputy City Clerk
FLORES: AYE SMITH: AYE SPRADLIN: AYE VIDAIK MARTINEZ: AYE MACKEN2IE: AYE
AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
IIHIBIT A
City of Rohnert Park
Internet, E -Mail, and Electronic Media Use Policy
Purpose
The purpose of this policy is to set forth and define the appropriate use of the City of Rohnert
Park's ("City's") computer and telecommunications systems. These systems include, but are not
limited to: computers, software, networking resources, any on-line information services, the
Internet and World Wide Web access and usage, electronic mail systems (e-mail), voice mail,
facsimile, telephones, and all data and files within such systems.
This policy also sets forth circumstances under which e-mail addresses addressed to one person
may be accessed by other people within the City and when e-mail messages may be disclosed to
persons outside the City administration. E-mail messages, either created or received in the
transaction of public business, become official records when they are retained as documentation
of official policies, actions, decisions, or transactions. As official records, e-mail messages are
subject to the provisions of the California Public Records Act (PRA). This policy provides
procedures for the generation, access, and inspection of public records created by or originating
from using the City e-mail system.
This document, as well as all other policies, rules, and regulations which apply to City
employees, officials and others, such as the Public Records Act, court orders, and other relevant
state and federal laws, govern the use of the City's electronic media.
Scone
This policy applies to all individuals who use City of Rohnert Park electronic media and to the
electronic media equipment owned by the City. This policy also applies to media that is
privately owned, but is used with permission on City premises for City business-related
purposes.
Mia
Electronic media, communications, and data is provided for the use of City employees for City
business-related purposes only and are not intended for personal use.
Limited personal use is allowed, provided that no use of the City's electronic media shall:
1. Impair the City's business or the employee's performance;
2. Commit any illegal act;
3. Violate the City's anti -harassment policy;
4. Result in private gain or advantage for the employee (such as conducting business related
to economic interests outside of City employment); or
5. Express political opinions or conduct union business except when an employee is acting
in an official capacity to represent an employee unit, in which case the employee may use
the system to communicate to the entire unit in order to schedule meetings, announce
decisions and communicate status of issues.
Should employees make incidental use of e-mail to transmit personal messages, such messages
will be treated no differently than other messages, and may be accessed, reviewed, copied,
deleted, or disclosed. All electronic media, communications and data are the property of the City
of Rohnert Park and the City reserves the right, at its discretion, to enter, search, and review the
computer files, e-mail, voice mail, or any other type of electronic file of any employee without
prior notice or consent. This right is hereby established so that the City can assure that its
property is being used appropriately and for other reasons that may include, but are not limited
to, the prevention of harassment or to investigate potential violation of this policy or any other
City policies. Electronic media, communications, and data are neither private nor confidential
and employees do not have personal privacy rights in such media, communications, or data.
Employees may use City computer resources after normal business hours for educational
purposes with the prior written approval of the City Manager.
Use of Electronic Media
1. On -Line Information Service Use. Use of on-line information services such as the Internet
and World Wide Web is for approved plans or services of the City of Rohnert Park Personal use
of on-line information services is discouraged. Access time to on-line information services
should be kept to a reasonable amount of time and for business-related purposes only. Excessive
personal use of on-line services is prohibited.
2. E -Mail. The e-mail system is the City of Rohnert Park's property. Employees should
disclose information or messages from the e-mail system only to authorized employees.. The
City of Rohnert Park reserves the right at its discretion to monitor the e-mail system to assure
that its property is being used for appropriate purposes, to prevent harassment, or monitor other
improper use. Employees do not have a personal privacy right in any matter created, received,
stored in or sent from the e-mail system.
3. Voice Mail. The voice mail system is intended to better serve the public by providing them
with immediate and current information and to make it convenient to leave a message when staff
is not immediately available in-person. Voice mail is a secondary means of assisting people and
City of Rohnert Park staff shall remain available to the public whenever possible. To that end,
staff utilizing voice mail shall:
a. Check messages as frequently as possible and return all calls in a timely manner;
b. Have in place a reference to zero -default option to speak to a real person during normal
business hours; and
0)
c. Update greetings on availability, holidays, and when messages will be returned. -
4. Computers, Computer Software and Computer Files.
a. Only hardware or software that has been approved for use by the Information Systems
Manager or designee may be purchased, installed and/or used by City employees on City
equipment and systems;
b. Software shall be used in accordance with the manufacturers' licensing agreements;
c. Software purchased by the City may not be used or taken for personal use; and
d. All outside diskettes shall be examined by anti-virus software prior to file transfer.to any
City of Rohnert Park hardware.
Prohibited Uses of Electronic Media
Prohibited uses of Electronic Media include, but are not limited to:
1. Illegal activities as defined by local, state, or federal law, including copyright law;
2. Committing fraud or stealing data or equipment,
3. Harassment or disparagement of others based on race, national origin, sex, sexual
orientation, age, disability, or religious or political beliefs. These include, but are not
limited to, slurs, obscene messages, materials, and pictures;
4. Threatening messages;
S. Political endorsements;
6. Commercial activities including areas of personal financial gain;
7. Intentionally disrupting network traffic or crashing the network and connected systems
(for example sabotage or intentionally a computer virus);
8. Unauthorized access to others' files or vandalizing the data of another user;
9. Forging e-mail messages;
10. Wasteful use of system resources;
11. Personal messages such as chain letters;
12. Computer games during business hours.
K
City Access and Disclosure
1. Ownership. All electronic systems, hardware, software, temporary or permanent files, and
any related systems or devices used in the transmission, receipt, or storage or e-mail, or for the
Internet, are the property of the City.
Supervisors have the authority to inspect the contents of any equipment, files, calendars, Internet
history files, or electronic mail of their subordinates in the normal course of their supervisory
responsibilities. The data management administrator shall extract stored e-mail messages or
Internet history files when requested to do so by authorized supervisory personnel. Reasons for
review include, but are not limited to:
a. To diagnose or repair any system hardware or software problems, general system failure,
and conduct regular system maintenance;
b. If required by law to do so;
c. When necessary to investigate a possible violation of a City policy;
d. In the event there is reasonable suspicion that a user has committed or is committing a
crime against the City or for which the City could be held liable;
e. When there is a need to perform work or provide a service when the employee is
unavailable; or
f To save messages that pertain to City business.
2. Ppblic records. E-mails retained in the ordinary course and scope of City business are public
records subject to disclosure pursuant to the PRA. If an e-mail is to be retained in the ordinary
course and scope of City business, it must be archived within seven days of receipt or generation
by either printing out a hard copy for filing or saving it to a disk. If an e-mail is not to be
retained in the ordinary course and scope of City business, employees are to delete it within
seven days of receipt or generation.
Securitv and Confidentiali
1. Privacy. Employees should be aware that e-mail messages may be read by others for a
variety of valid reasons. Although this statement is true of many other types of City
correspondence, the nature of e-mail can lead one to forget or ignore the fact that e-mail cannot
be considered to be the private property of the sender or recipient, even though passwords or
encryption codes are used for security reasons. Access to Internet sites is not confidential.
2. Deletion of Messages. The City strongly discourages the local storage of large numbers of e-
mail messages. Retention of messages fills up large amounts of storage space on the network
server, and can also slow down performance. In addition, because e-mail messages can contain
confidential information, it is desirable to limit the number, distribution, and availability of such
messages.
3. Cautions.
a. Both the nature of e-mail and the public character of the City's business make e-mail less
private than users may anticipate.
b. E-mail, whether or not created or stored on City equipment, may constitute a City
document subject to disclosure under the PRA, other laws, or as a result of litigation.
Users of the City's e-mail system also should be aware that the PRA and other laws may
prohibit the City from shielding personal e-mail from public disclosure.
c. Elected officials and employees that work directly with them should be cognizant of the
fact that certain communications through e-mail may constitute an unlawful meeting
under the Brown Act.
Dissemination of Policy
All employees, supervisors, department heads, City Councilmembers, City Board and
Commission members shall be provided a copy of this Policy.
5