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HomeMy Public PortalAboutORD15067 BILL NO. 2012-119 SPONSORED BY COUNCILWOMAN Carroll ORDINANCE NO. 15n,�2 -7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE PERSONNEL POLICY MANUAL REGARDING THE USE OF E-MAIL AND SOCIAL MEDIA. BE IT ENACTED BY THE COUNCIL OF THE City OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Article 3 (General Employee Policies) Section 11 (Computer, Internet and E-mail Usage) is hereby amended as follows: Section 3-11. Computer,Internet and E-mail Usage. Computers, computer files, the e-mail system, Internet access and software furnished to employees are City property intended for business use. All data composed, transmitted, or received via City computer communications systems is considered part of the official records of the City and, as such, is subject to disclosure to law enforcement or other third parties. Consequently, employees should always ensure the business information contained in Internet e-mail messages and other transmissions is accurate, appropriate, ethical, and lawful. Group e-mail set uv by the IT Department, including but not limited to "All City Users", E mail• may not be used to solicit others for non-city business, commercial uses ��°�s, religious or political causes, or outside organizations.The e-mail and Internet systems may not be used to create, transmit, access or receive content that could be considered discriminatory, offensive, obscene, threatening, harassing, intimidating, insubordinate, illegal, unethical, or a violation of any other City policy,rule or regulation. Excessive use of the E-mail or Internet for personal business during working hours or for unauthorized purposes is prohibited. The release of untrue, distorted, or confidential information regarding City business is prohibited. Software may only be utilized according to software license agreements. To ensure compliance with this policy, computer and e-mail usage may be checked, screened or monitored. Group a-mails to all city users must be approved by a Department Director and the Department Director authorizing the e-mail shall be responsible to assure that the content of said e- mails are in accordance with this policy. Section 2. Article 3 (General Employee Policies) is amended by the addition of a new Section 3-11A (Social Media) as follows: Bill 2012-119—Page 1 Drafter's Note: Deleted text is shown thus. Inserted text is shown thus. Section 3-11A. Social Media. For Purposes of this section the term "Social media" includes all means of communicating or posting information or content of any sort on the Internet,including to your own or someone else's web log or bloc, iournal or diary, Personal web site, social networking or affinity web site, web bulletin board or a chat room,whether or not associated or affiliated with the City of Jefferson,as well as any other form of electronic communication. Employees are free to express themselves as Private citizens on social media sites to the degree that their speech does not violate this policy. However,as public employees,all employees of the City of Jefferson are cautioned that speech on-duty or off-duty,made pursuant to their official duties(that is speech that owes its existence to the employee's Professional duties and responsibilities) is not protected speech under the First Amendment and may form the basis for discipline if deemed detrimental to the City. Employees should assume that their speech and related activity on social media sites will reflect upon the City and their department. Employees should expect that any information created, transmitted, downloaded,exchanged or discussed in an online forum, may be viewed by members of the public or employees of the City and any violation of this policy may subiect the employee to disciplinary action. Inappropriate Postings may subiect an employee to disciplinary action. For purposes of this section the term "Inappropriate postings"shall mean speech posted on or in social media which: 1. Contains obscene or sexually explicit language, images, acts and statements, or other forms of speech that ridicule, malign, or disparage, any race, any religion, or any protected class of individuals. 2. Involves themselves or other department personnel reflecting behavior that would reasonably be considered reckless or irresponsible. 3. Involves threats of violence or statements which might be interpreted by the public as a threat of violence. 4. Involves an employee representing themselves as a spokesperson for the City of Jefferson without the approval of the City Administrator or his or her designee. 5. Fails to maintain the confidentiality of City of Jefferson by posting internal reports, policies, procedures or other internal business-related confidential communications, except that such posting shall not be deemed violated if protected by a federal or state "whistleblower"statute. 6. Involves a violation of the personnel policy manual or other codes of conduct adopted by the department of employee posting the message. The City of Jefferson prohibits taking negative action against any emplo eve for reporting a possible deviation from this policy or for cooperating in an investigation. Any employee who retaliates against another employee for reporting a possible deviation from this policy or for cooperating in an investigation will be subiect to disciplinary action,up to and including termination. Section 3. Article 3 (General Employee Policies) is amended by the addition of a new Section 3-11 B (Social Media) as follows: Bill 2012-119—Page 2 Drafter's Note: Deleted text is shown dws. Inserted text is shown thus. Section 3-11B. Taking Pictures or video of scenes prohibited. Unless required by assigned duties no videos or pictures shall be taken of any scene or victim while on duty. Any such pictures or videos taken shall be turned over to the Department Director as soon as practicable. Publishing of any pictures or video of city operations while on duty to the public for any display including the internet social networking or any other media outlet will not be done unless authorized and approved by the Department Director or designee. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: I Approved: �� oZ 06 Presiding Of6cer Mayor AA-EST: APPROVED AS TO FORM: i City Clerk City Counselor Bill 2012-119—Page 3 Drafter's Note: Deleted text is shown thus. Inserted text is shown thus.