[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.]
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.
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.
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.
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.
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.
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.
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.
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.
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.
