Borough of Cresskill, NJ
Bergen County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Cresskill 2-21-2001 by Ord. No. 01-22-1230. Amendments noted where applicable.]
GENERAL REFERENCES
Personnel Board — See Ch. 6, Art. VIII.
Code of Ethics — See Ch. 23.
Officers and employees — See Ch. 44.
Personnel policies — See Ch. 49.

§ 26-1 Purpose.

A. 
The Borough of Cresskill seeks to provide the best available technology to persons performing services for the Borough of Cresskill. In this regard, the Borough of Cresskill has installed, at substantial expense, equipment such as computers, electronic mail, fax machines, telephones, scanners and voice mail. This policy is to advise those who use Cresskill's business equipment on the subject of access to and disclosure of computer-stored information, voice mail messages and electronic mail messages created, sent or received by the Borough of Cresskill's employees with the use of Cresskill's equipment.
B. 
This policy also sets forth policies on the proper use of the computer, voice mail and electronic mail systems provided by the Borough of Cresskill.

§ 26-2 Usage regulations.

A. 
The Borough of Cresskill's property, including computers, fax machines, telephones, scanners, electronic mail and voice mail, are to be used only for conducting Borough business.
B. 
Personal use of the Borough of Cresskill computers and other Cresskill equipment is prohibited and the Borough may, at any time without notice, monitor the use of said equipment. Any user should not expect any personal privacy with respect to any use of or information placed in or on the Borough of Cresskill computers, computer equipment and other Cresskill equipment excepting necessary and proper confidential information placed thereon for police work or other confidential municipal matters, such as closed meeting minutes or attorney client communications.
C. 
Electronic mail may not be used to solicit for commercial ventures, religious or political causes, outside organizations, or other non-job-related solicitations, and use shall be restricted to conducting Cresskill business only. Furthermore, the electronic mail system is not to be used to create any offensive or disruptive messages. Among those which are considered offensive, are any messages which contain sexual implications, racial slurs, gender specific comments, or any other comments that offensively address someone's age, sexual orientation, religious or political beliefs, national origin or disability. In addition, the electronic mail system shall not be used to send (upload) or receive (download) copyrighted materials, trade secrets, proprietary financial information or similar materials without prior authorization.

§ 26-3 Access codes and passwords.

The Borough of Cresskill may provide certain codes or passwords to restrict access to computers, voice mail and electronic mail to protect the systems against external parties or entities seeking unauthorized access. Employees should understand that these systems are intended for business use only, and that all computer information, voice mail and electronic mail messages are to be considered as Borough records and the equipment is considered as Borough property. Access codes and passwords are to be held confidential to be released only to a person authorized to conduct Cresskill business on the equipment.

§ 26-4 Inspection and review of recorded data.

A. 
The Borough of Cresskill also needs to be able to respond to proper requests resulting from legal proceedings that call for electronically-stored evidence. Therefore, the Borough of Cresskill must, and does, maintain the right and the ability at any time to enter into any of these systems and to confiscate, inspect and review any and all data recorded in those systems. Because the Borough of Cresskill reserves the right to obtain access to all voice mail and electronic mail messages left on or transmitted over these systems, employees are hereby notified that such messages are not private or confidential and that the Borough of Cresskill or its designated representatives have a right to access and review this information at any time without notice to a user. Individuals using the Borough of Cresskill's business equipment should also have no expectation that any information stored on a computer (whether the information is contained on a computer hard drive, computer disks or in any other manner) will be private or, an employee's personal records.
B. 
The Borough of Cresskill has the right to, and may regularly or at any time, without notice, monitor voice mail or electronic mail messages. The Borough of Cresskill will, inspect the contents of computers, voice mail or electronic mail in the course of such equipment inspection it may choose to conduct for any reason or to confirm no improper use or as Cresskill finds necessary to locate needed information.

§ 26-5 Contents considered to be Borough property.

The contents of computers, voice mail, and electronic mail is the property of Cresskill and may be used or disclosed by the Borough of Cresskill within or outside of the Borough of Cresskill as Cresskill deems necessary or proper.

§ 26-6 Confidentiality.

Given the Borough of Cresskill's right to retrieve and read any electronic mail messages, such messages should be treated as confidential by other employees and accessed only by the intended recipient or as Cresskill deems necessary or proper.

§ 26-7 Third party requests for access.

The Borough of Cresskill's Personnel Committee or, if involving police operations, Cresskill's Police Committee, will privately review any third-party written request for access to the contents of an employee's computer, voice mail or electronic mail, with action to be taken within five business days of receipt of written request, with Cresskill reserving all existing legal rights to not release the requested information.

§ 26-8 Violation of policy.

Any employee who violates this policy or uses Cresskill's electronic communication systems for an improper or a not permitted purpose will be subject to discipline, up to and including termination all as permitted applicable by law.

§ 26-9 Policy to be applied and construed reasonably.

Cresskill's policy regulating employee use of Cresskill's facilities and equipment shall be reasonably applied and construed. Cresskill appreciates that an employee at times may need to make or receive a personal phone call or perhaps electronic mail. Such minimum use while not encouraged, provided it is not abused, will not be cause for dismissal in that Cresskill's policy is to be reasonably applied. Nevertheless, in using any Cresskill equipment, the user shall have no expectation of or privacy right as use waives and releases all employee privacy rights and any expectation thereof.