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HomeMy WebLinkAbout04. Receive update on status of paperless agenda processmeyers DATE: TO: FROM: BY: RE: 55512 th Street, Suite 1500 Oakland, California 94607 tel (510) 808-2000 fax(510)444 -1108 www.meyersnave.com MEMORANDUM Kenton L. Alm Od+. Attorney at Law Direct Dial: (510) 808 -2081 kalm @meyersnave.com ATTORNEY- CLIENT PRIVILEGED & CONFIDENTIAL January 17, 2014 Elaine Boehme Kenton L. Alm Sarah N. Olinger iPad Use Policy Recommendations for Administrative Committee's Consideration Introduction The purpose of this memorandum is to provide Central Contra Costa Sanitary District's ( "District ") Administrative Committee with preliminary advice concerning the development of a use policy that applies to the distribution of iPads to District Board Members. In order to encourage paperless communications with Board Members, the District is considering whether to distribute iPads for current Board Members' use. Because current District policy does not specifically apply to ipads, the District will need to either develop a new iPad- specific use policy, which may include expanding upon existing policies, or develop an entirely new "device neutral" use policy that would apply to all electronic devices used by District staff and Board Members. The scope of this memorandum, however, is limited only to the development of an iPad- specific use policy. Should the Administrative Committee seek recommendations as to a device neutral use policy, we will be happy to prepare a separate memorandum for consideration. Existing District Policies Related to Electronic Devices and Communications The District has currently adopted four different Policies and /or procedures related to electronic devices and communications. The four policies are summarized as follows: 1. District Policy on Use of Internet Access, Communication Services, Computer Software and Hardware, Social Media, PDA's, smart phones, iPads, etc. (HR Administrative Procedure, last revised 12 /1/10) This policy provides guidelines for the appropriate use of District - provided electronic devices and internet services. It prohibits employees from using the internet for any A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO iPad Use Policy Recommendations for Administrative Committee's Consideration January 17, 2014 Page 2 illegal or discriminatory purpose, as well as other inappropriate purposes such as on -line shopping, stock trading, pornographic or sexually oriented websites. However, employees may use the internet for short periods of time for appropriate personal use as described in the policy. Use of social media /social networking is allowed, as long as it does not impact employee productivity and performance, and conforms with District guidelines for prohibited communications. The District maintains the right to monitor employee access to the internet, as well as the contents of the employee's District -owned computer and any software installed. The policy prohibits the installation of software on District -owned systems that is either purchased by or given to the employee without the IT Administrator's knowledge and authorization. Most relevant here, the policy provides limited guidelines for the use of mobile or handled digital devices. In essence, the District will not purchase a device or related accessories for its employees; the District will not be responsible for any lost, damaged, or stolen personal devices; and the IT Administrator must approve the use of any device connected to District -owned equipment as well as the purchase of any device synchronization software. 2. Employee Computer Purchase Assistance Program (Board Policy adopted 1/24/13) This policy provides low- interest loans to employees to purchase a personal desktop, laptop, tablet, printer, software and /or related equipment of any brand up to a maximum of $2,000. 3. Manager Cell Phone Reimbursement Policy (Board Policy adopted 12 /3/09) This policy reimburses Managers for the use of their personal cell phones to conduct District business. For smart phones, the District reimburses up to half the cost of the purchase price (up to $150) and up to $100 per month for the monthly service contract. Managers are fully responsible for any loss or damage to their phones, as well as for replacement of the phone. 4. E -Mail Policy (Administrative Directive adopted 7/2/10 but not yet implemented) This policy pertains to all District e-mail communications, the retention of such communications and whether such communications constitute an official record. It also alerts employees that the District reserves the right to retrieve any and all emails transmitted through its network, and e-mail users shall have no reasonable expectation of privacy in communications sent through the network. A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO iPad Use Policy Recommendations for Administrative Committee's Consideration January 17, 2014 Page 3 As demonstrated above, the existing Board Policies and procedures are insufficient to address the District's interest in distributing iPads to Board Members, the Board Members' use of the iPads, and the various policy considerations that would apply. The District therefore has the option of either expanding upon one of the four existing Policies above, or developing a new iPad- specific use policy.' Although we do not recommend a particular approach, the next section advises the Administrative Committee on important questions and factors that should be addressed in any Board Member iPad use policy. iPad Policy Considerations 1. The District should provide each Board Member with a District email account. Board Members should not conduct any District business without using a District - provided email address that occurs through the District's email server or network. The District email address must only be used for District business and not any personal matters. Likewise, Board Members should not use any personal email address to conduct District business. The intent is to protect, as much as possible, any personal communications and personal data from disclosure in the event of a Public Records Act request. Business and personal matters should be separated to the extent feasible, and a District - provided email address will help achieve such separation. 2. Should the District pay for an iPad for Board Members? What about the 3G or 4G Data Plan? To encourage access to paperless communications 24/7, we recommend that the District pay for 100 percent of the cost of the iPad. If the Board Member chooses a data plan, we recommend that the District reimburse the Member for some portion of the data plan — perhaps 50 percent of the cost, or a not -to- exceed amount. We do not recommend reimbursing 100 percent of the data plan because Board Members will likely use the iPad for personal use, and the District should not have to subsidize 100 percent of the Board Member's personal use of the iPad. 'Again, a third option is to develop a general use policy that is "device neutral" and covers any District - provided device. This device neutral policy could potentially consolidate one or more of the policies listed herein, and provide a more simplified approach to the employees' and Board members' use of electronic devices to account for the development of future technologies and the perpetual obsolescence of current technologies. A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO iPad Use Policy Recommendations for Administrative Committee's Consideration January 17, 2014 Page 4 3. What iPad applications should the District pay for? What about iPad accessories? We recommend that the District pay for sufficient and appropriate applications (i.e. necessary for conducting District business) to install on the Board Member's iPad. Any additional applications (not used for District business) downloaded on the iPad should be paid for by the Board Member. With respect to iPad accessories, we recommend that the District pay for 100 percent of any basic iPad accessories, such as a protective cover, stand and keyboard. However, any other non - essential iPad accessories should be paid for at the Board Member's expense. 4. Who owns the iPad? The District should own the iPad. This is important, because if the District pays for the iPad and the iPad is used for the purpose of conducting District business, then the District should retain all ownership rights to monitor and inspect the iPad to ensure that the Board Member is using the iPad in accordance with the iPad policy and any other District Policies regarding electronic communications. 5. Should the District allow the Board Member to also use the iPad for personal matters? Yes. As sated above, the District - provided email account should not be used for personal matters. However, the iPad may generally be used for personal matters, because prohibiting personal use would be impossible to regulate. Except for District email, Board Members should understand that personal use of the iPad is allowed, as long as such use does not violate the iPad policy, such as item numbers 8 and 9 below. G. Who is responsible for the general care of the iPad? The Board Member should be responsible for the general care of the iPad, should only use a clean soft cloth to keep the screen clean and should be prohibited from adding any stickers or labels to the device other than any District ID stickers or labels. 7. Who should be responsible if the iPad is lost, stolen or damaged? The Board Member should notify the District's IT Department immediately if the iPad is lost, stolen or damaged. Because the District owns the iPad, the District should be responsible for the iPad and should provide a replacement as needed, as long as the lost, damaged or stolen iPad is not due to serious neglect or the active fault of the Board Member. A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO iPad Use Policy Recommendations for Administrative Committee's Consideration January 17, 2014 Page 5 8. How should the District handle any personal data accumulated on the Board Member's iPad? The District should provide a clear statement that it is not responsible for any personal data that the Board Member wishes to store on the iPad, or any personal communications that are handled through the iPad. Notwithstanding the District's intent that the iPad only be used for conducting District business and facilitating paperless communications, Board Members should understand that they have no reasonable expectation of privacy as to any personal matters created, received, stored in, or sent from a District- issued iPad. Persons filing Public Records Act requests of the District may well argue that all of the data and information stored on the iPads, including personal information, is subject to public disclosure. 9. How should the District handle any harassing, discriminatory or illegal activity discovered on the Wad? The District may wish to retain an ability to monitor and inspect the contents of the Board Member's iPad to ensure that no harassing, discriminatory or illegal activity is taking place. In our review of example electronic policies from other agencies, the District may consider a general use prohibition, such as the following adapted from the City of Dixon: In the use of the iPad, Board Members shall comply with all relevant District regulations including, but not limited to the District's harassment, discrimination and retaliation policy. Other inappropriate and prohibited uses of the iPad may include, but are not limited to the following: - Threats; - Slander /libel; - Defamation; - Obscene, suggestive or offensive graphic images or messages, including any access of pornographic materials; - Political endorsements; - Private, for profit activities; - Criminal activity. If any harassing, discriminatory or illegal activity is discovered on the iPad, the iPad should be completely wiped clean. A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO iPad Use Policy Recommendations for Administrative Committee's Consideration January 17, 2014 Page 6 Depending on the type of illegal activity discovered, the District should consider if any punitive measures should be imposed on the Board Member, such as a monetary fine, or the threat of a fine or other punishment. 10. Should the District place any other limitations or restrictions on the Board Member's use of the iPad? For Administrative Committee discussion. One example would be to prohibit the use of the iPad in any way that violates the public meeting requirements of the Brown Act. Another example would be to prohibit the use of the ipad to promulgate any virus or other hostile computer program or file, or to disable or overload any computer system or network, or to circumvent any system intended to protect the privacy or security of another user. Another example could be to require each Board Member to secure his or her iPad with a password that should not be shared with anyone. 11. Should the District provide Board Members with any iPad training or technical support? Yes. Training is essential in order to ensure that Board Members understand how to best maximize the use the iPad to conduct District business paperlessly. The IT Department may make itself available on an as- needed basis for training, and may also provide technical support during regular business hours. 12. What happens to the iPad at the end of the Board Member's term of service? Because the iPad is the District's property, the Board Member should return the iPad to the District. Following the preparation of any appropriate backup files, the District should wipe the iPad clean of any and all information at the end of the Board Member's term. 2226318.2 A PROFESSIONAL LAW CORPORATION OAKLAND LOS ANGELES SACRAMENTO SAN FRANCISCO SANTA ROSA FRESNO