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HomeMy WebLinkAboutResolutions - 2013.09.19 - 21026HUMAN RESOURCES COMMITTEE Motion carried unanimously on a roll call vote. MISCELLANEOUS RESOLUTION #13236 September 19, 2013 BY: Human Resources Committee — John Scott, Chairperson IN RE: INFORMATION TECHNOLOGY — ADOPTION OF THE OAKLAND COUNTY ELECTRONIC rovirolimIc,n-rioNs priLry, INTELLFr.TUAI PROPERTY AND .. SOCIAL MEDIA"POLICY To the Oakland County Board of Commissioners Chairperson, Ladies and Gentlemen: WHEREAS the way we communicate has changed drastically in the past several years, with e-mail and social media becoming the preferred way of communication for many; and WHEREAS Oakland County has adapted to this new style of communication using social media to notify and inform the public and provide services; and WHEREAS Information Technology, Corporation Counsel, and Human Resources have collaborated to develop the Intellectual Property Policy, Social Media Policy, and update the Electronic Communication Policy; and WHEREAS these policies assist our employees in performing their duties related to social media in a manner that is legally sound; and WHEREAS these policies should be distributed to all employees to inform them of the appropriate us of intellectual property, social media and the electronic equipment assigned to them. THEREFORE BE IT RESOLVED that the attached policies be adopted by the Board of Commissioners and the Human Resources Department distribute copies of the Oakland "County Electronic Communications Policy, Intellectual Property Policy and Social Media Policy to all County employees, who will acknowledge receipt. Chairperson, on behalf of the Human Resources Services Committee, I move the adoption of the foregoing resolution. OAKLAND COUNTY ELECTRONIC COMMUNICATIONS POLICY POLICY STATEMENT The Ctaician0 Low-4 elecironic uumfhuncations system trick:dos nu—, not :imacc.:to facsimiles, voicemail, computers and their hard drives, electronic mail ("e-mail"), the computer network and the Internet. An electronic communication is information sent over the electronic communications system including but not limited to messages left on voice mail, e-mail messages, information received and sent over the Internet, and data and files maintained on the network and on individual computers. The electronic communications system is designed to facilitate County business and communication between employees and other business associates. To remain competitive and better serve our citizens and taxpayers, Oakland County encourages the use of its electronic communications system. Because no electronic communications system is completely secure, the system is not intended to transmit sensitive decisions, including but not limited to certain personnel issues, attorney-client information, and other similar information which may be more appropriately communicated by written memorandum. NO EXPECTATION OF PRIVACY The electronic communications system is the property of Oakland County and is intended for County business. All data and electronic communications within the electronic communications system is the property of Oakland County. The system is not to be used for personal gain or to support or advocate non-county related business or purposes. Persons using the electronic communications system have no expectation of privacy. The confidentiality of any electronic communications created, transmitted, received, deleted, or stored in the electronic communications system should not be assumed. The electronic communications may be retrievable even if deleted from the electronic communications system. Oakland County has the ability to monitor the electronic communications system under the direction of the Human Resources Department and Corporation Counsel for violations of federal or state law, Oakland County's Merit System Rules, this policy, and other County policies. Employees who are terminated or laid off have no right to the contents of their electronic communications and are not allowed access to the electronic communications system. All electronic communications are subject to federal and state law and Oakland County's Merit System Rules including but not limited to the Open Meetings Act, MCL 15.261 – 15.275, and the Freedom of Information Act, MCL 15.231 –246. Issued: August 2013 Page 1 of 3 OAKLAND COUNTY ELECTRONIC COMMUNICATIONS POLICY POLICY STATEMENT Persons using the electronic communications system are not authorized to retrieve or rea6 any comn-,..wiations that are not sent to itiEwo, to do so. Furthet': electronic communications shall not be used to hide the identity of the sender or represent the sender as another person. Each employee is hereby notified that any and all electronic communications may be subject to monitoring, retrieval and access by authorized Oakland County personnel under the direction of the Human Resources Department and Corporation Counsel. 2. INFORMATION ON PASSWORDS Users are responsible for securing their password(s) and shall not share their password(s) with anyone, nor shall they allow unauthorized access to the County electronic communications system. If a user discloses their password or suspects that it has been compromised, they are responsible for changing their password immediately, Contact the Service Center at Information Technology for appropriate procedures. An employee may be directed by their supervisor and/or the Department of Information Technology to provide them with the login and password information to an external social networking Web site or Web-based external service that is created, maintained and/or used for departmental and/or County purposes. While users have a password or passwords to gain access and conduct business on electronic communications systems, the electronic communications system is not confidential and information created, transmitted, received, deleted, or stored in these systems may be retrievable by persons other than the creator. 3. PROHIBITED USES Electronic communications may not be used for circulation of non-County sponsored functions, activities, programs, or policies; solicitation of funds or sales; to convey political messages; to defame individuals; or to convey messages or images that would violate federal or state law, the County's Merit System Rules, and other County policies including but not limited to the County policy that strictly prohibits illegal discrimination and harassment. Employees are also prohibited from sending County-wide electronic communications using the County's network/e-mail system to a large group (large group is defined as 100 persons or more) without the approval of department management. Additionally, all large-group electronic communications (County-wide "broadcast" e-mail messages) to be sent using the County's network/e-mail system must be sent to the Department of Information Technology for distribution. E-mails and/or text messages sent using Oakland County's approved third-party vendor system(s) may be sent by an employee to any number of people provided the e-mail and/or mobile device addresses reside within the vendor system (not within the County's network or on a County server) and the employee has been trained and is authorized to send electronic communications on behalf of the department and/or County. Issued: August 2013 Page 2 of 3 OAKLAND COUNTY ELECTRONIC COMMUNICATIONS POLICY POLICY STATEMENT :n. The Internet provides Oakland County with significant access and dissemination of information outside of the County. The use of the County Internet system is intended for County business. Internet messages are capable of being forwarded without express permission of the original author. Therefore, users must use caution in the transmission and dissemination of messages outside of the County, and must comply with federal and state law and the Oakland County Merit System Rules, this policy and other applicable County or departmental policies, 5. APPLICABILITY TO EMPLOYEES, PART-TIME EMPLOYEES, CONTRACTORS AND OTHER USERS This policy applies to all employee (full or part-time), contractors, volunteers, and other individuals who are provided access to Oakland County's electronic communications system. Contractors and third parties should only be provided access to the electronic communications system as necessary for their business purpose with the County, and only if they abide by all applicable rules set forth in this policy. Contractors and third- party users who are in violation of this policy may be removed from the electronic communications system anchor have their contract revoked. In addition, other legal remedies may be pursued. 6. ENFORCEMENT OF POLICY The Department of Information Technology has the ability to monitor the electronic communications system under the direction of the Human Resources Department and Corporation Counsel. Employees who observe a violation of this policy should bring it to the attention of their immediate supervisor or manager. Supervisors or managers who receive a complaint or observe a violation of this policy shall investigate the matter and determine the appropriate action. Questions related to this section should be referred to the Labor Relations Unit. 7. PENALTIES Employees found to have violated this policy may be subject to disciplinary action up to and including dismissal from employment pursuant to the County's Merit System Rules, and if applicable, may be subject to prosecution under federal or state laws. Issued: August 2013 Page 3 of 3 Intellectual Property Policy Many talented people who work for Oakland County have developed innovative programs, state of the art computer software, servicemarks (logos) and numerous other fn file fire4, r'n 77,7' nf nf H~-,;',117 required considerable County resources to be developed and may need to be protected and controlled by the County. These servicemarks, seals and pictures of Oakland County should be used appropriately to identify activities or publications supported by the County. In addition to ideas developed within the County, some County offices and departments seek to borrow ideas from outside sources, i.e. third parties. Before the County uses artwork, logos or copyrighted materials developed by third parties it is imperative to ensure that the County may legally reproduce the works of third parties. The following chart summarizes the types of works that may be created by the County and third parties and how these works may be legally protected: Servicemark* Copyright Patent Definition Words, symbols (logo) or combination of both associated with a service Legal protection for words fixed in tangible form, e.g., writings, pictures Legal protection for functional features of a process Examples I Pages of the County's website , Sophisticated software program OAK!, mi , Criteria for protection ' Used to identify and distinguish services Originality and creativity New and "non- obvious" How to obtain best protection • Registration with U.S. Patent & Trademark Office. State registration available. Registration with U.S. Copyright Office. Also publication with notice. II Registration with U.S. Patent & Trademark Office. What protection provides Exclusive right to use I the mark for certain services Exclusive right to 1 make copies of the work Exclusive right to make use or sell the invention. Test of violation of rights Likelihood of confusion, mistake or deception If it looks alike to the ordinary observer. Making, using or selling • the devices. Penalties for violation Payment of damages Payment of damages Payment of royalties for use. Possible additional damages. Issued: August 2013 Page 1 of 3 Intellectual Property Policy * Trademarks are used for words, symbols or a combination of both under which a product is sold or advertised. In most cases, the County provides services, thus the words or c..vmholsF', acociaf, with thr,,,n srlrvir ('-Prfirpmritiec! The rules for protecting the County's rights and the rights of others: 1. To help foster a consistent County image, departments are encouraged to use their names in conjunction with existing County Servicemarks. Occasionally, it may be appropriate to create a new mark to identify a service so unique that it should be distinguished from Oakland County. Proposed new marks and/or specialized program names must be reviewed by the Intellectual Property Committee, This Committee will make a recommendation to the County Executive who shall make the final determination as to whether a new name or image shall be approved and the appropriate legal protection needed. To the extent practicable, Elected Officials are encouraged to have only one Federally registered servicemark. Elected Officials do not need approval for their servicemark; however, they should work with Corporation Counsel to properly protect their mark. 2. The County's servicemarks may only be used in connection with programs, events or publications endorsed by the County. County servicemarks may not be used by non County entities without prior written permission. Permission forms may be obtained from Corporation Counsel. The - or are the servicemarks that may be generally used to represent Oakland County. The County seal - may only be used for official County business and generally should not be given to third parties for their use. 3. Artwork or printed information provided by a third party should not be used without having written permission from an authorized agent of the third party. Corporation Counsel and Information Technology have Permission Forms. If a web site or publication authorizes the use of third party information, this permission should be retained for your records, 4. If you have permission to use copyrighted materials belonging to a third party, you must acknowledge the other party with either "@ year Name of Party "or other appropriate acknowledgement of the third party. Issued: August 2013 Page 2 of 3 Intellectual Property Policy 5. Prior to selling written materials or other items such as clothing developed by the County, departments need to check with Corporation Counsel to see if the materials qhni dr4 hg. r-nnvr;ohfcar4 nr if rythro.- rsre...1-cs•-•+;•-•r, ;••• 6. Permission must be obtained from Information Technology to authorize other parties to link to the County's web site or for linking the County's web site to a third party web site. 7. If an item has been copyrighted by the County, it should contain "C) 2004 Oakland County" or the year in which copyright was first claimed. When using servicemarks that have been registered, use C) in the upper right hand corner of the logo. This shows the servicemark has been registered. Check with the Printing Division or Corporation Counsel if you are uncertain about when to use these symbols. 8. Don't use a County servicemark without knowing if it can be used in connection with your materials or programs. 9. Proprietary information relating to County developed software programs, computer network security is very valuable to the County, and the County takes measures to maintain their confidentiality. Employees may not disclose any Proprietary Information to any person outside of the County without permission from the Intellectual Property Committee. Issued: August 2013 Page 3 of 3 Social Media Policy Scope "ic 41: Vern the ot ,zial media by Oakland County employees when posting for Oakland County. Sharing information about County programs, news and activities through social media is an effective way to engage and inform the community. However, it needs to be done properly. If you use social media to post on behalf of Oakland County, you must follow this policy. Social media sites shall include, but are not limited to: Facebook, Twitter, Linkedln, Pinterest, lnstagram and all other sites that are similar in content and/or character. Seek Approval You must have approval from your Department Head or his/her designee to use social media on behalf of the County. Once your Department Head or his/her designee has approved, you must contact the County's Information Technology Department to establish a social media account through the I.T. Service Center. I.T. must approve the social media site. Only social media sites approved by I.T. may be used on behalf of the County. The 1.T. Department will retain password and log-in information for all County- sponsored social media. You must follow the 1.T. standards for managing County- sponsored social media sites. To ensure the County has a consistent image on its social media sites, refer to I.T. standards for the look and feel of County-sponsored social media sites. Respect County Resources It is appropriate to use social media at work only when your use has been approved by your Department Head or his/her designee and is directly related to accomplishing work goals. You should participate in personal social media use on your own time. Personal social media use is use that has no connection to your work at the County. Be Accurate and Authentic All County-sponsored social media sites must clearly identify that they are maintained by Oakland County and prominently display County contact information. Your comments on such sites will directly reflect upon the County. Make sure posts are factually accurate. Cite and link to your sources where possible. If you make a mistake, admit it and correct it. When you post on behalf of the County you must identify your position with the County. Anonymous postings by County commentators are not allowed. Issued: August 2013 Page 1 of 4 Social Media Policy Be Aware of Legal Considerations In order to avoid liability for yourself and the County, do not make comments that: _I260!Ernipaie .i.he liasIs of race, creed, cotor, age, religion, SCX, marital status, sexual orientation, national origin, weight, height or genetic information; 2) are sexual in nature; 3) compromise the safety or security of the County or individuals; 4) support or oppose a political candidate or ballot measure; 5) promote illegal activity; 6) violate another party's copyright, trademark or other protected property; 7) are obscene or profane. Use good judgment when providing personal information and be aware of legal requirements and County/Department policies protecting a person's right to privacy. (e.g., HIPAA -- the Health Insurance Portability and Accountability Act protects a person's health information.) Ask for permission before posting someone's image, information, or intellectual property. Do not post information about employees, citizens, vendors, patients or clients being served by the County without first obtaining their written consent. Retain posts Because social media sites are not government sites, they do not follow the State of Michigan Record Retention Laws and Policies for Local Government. But social media conducted on behalf of the County is subject to these laws and policies and to the Michigan Freedom of Information Act. You must follow the State's record retention laws and policies l . 1 More information about them can be found at the State of Michigan Department of Technology, Management and Budget website. http://www ,michioan.00vidmb/0,4568,7- 150-9141 21738-96210--.00.html Under the State's record retention rules, many of the items and documents you might post, such as notices of special events or holidays, and copies of documents already kept in your department do not need to be saved permanently. You must save a copy of these materials only until the event has passed, the case is closed, the project is completed, or the information has served its useful purpose. Most tweets and posts fall into this category because of their transient and temporary nature and because they do not perform a governmental function or create a County policy. However, you must also be prepared to respond to Freedom of Information Act requests or to produce documents and materials in a lawsuit. If you post something that is the only record of a County operation or is the only record that a County function has been performed, you must keep a copy. Issued: August 2013 Page 2 of 4 Social Media Policy Post Disclaimer and Removal Prominently display the following statement on aD sites that accept comments from the "The County reserves the right to remove inappropriate comments including those that are discriminatoiy, obscene or sexual in nature, threaten or defame an individual or entity, support or oppose political candidates or proposals, violate the intellectual property rights of another party, promote illegal activity or commercial products or services or are not related to the topic in the original posting. Keep in mind that all of your posted comments are public records and subject to disclosure. Requests for public records may be submitted to corpcounsel@oakgov.com ," Remove all posts that meet the criteria for removal stated above and keep a copy of the post. Use of County Servicemarks and Logos Before using a County servicernark (e.g., logo), you need to get the correct copy of the servicemark from the 1.T. Media Management System. Do not use a specialized service mark, like the Sheriff's badge or the Water Resource Commissioner's water droplet unless you are posting on behalf of that department. You must use a County-owned servicemark exactly as it appears in the County's Media Management System. If you change a registered County servicemark, you could jeopardize the County's registration/ownership of the mark. If you want to make a significant change to a registered County servicemark, it must be approved by Corporation Counsel. If you display material that belongs to someone other than the County, you must give credit to the source or author of the material in your posting. Failure to cite a third party author or source could be a violation of federal law. Compliance with County Policies All County policies and Merit Rules apply when you use social media on behalf of the County. This includes the Electronic Communications Policy (use County equipment for business purposes), Equal Employment Opportunity Policy ( prohibits inappropriate conduct towards others because of their race, sex, age, etc.), Sexual Harassment Policy (prohibits inappropriate conduct or hostile work environment), Workplace Violence Policy ( prohibits violence or threats of violence), Standard of Conduct for Oakland County Officers and Employees (prohibits sharing of confidential information, profiting from County employment, etc,), Political Activities (prohibits political activities during work hours, in a County uniform, etc.). You may not use Social Media to advertise for private individuals, firms, or corporations, or imply in any manner that Oakland County endorses or favors any specific commercial product, commodity, or service. Issued: August 2013 Page 3 of 4 Social Media Policy Personal Social Media You may list your County position in your personal social media accounts but you are not authorizcd to speak or commant on ohalt ot the County. ft is recon -thleilded that you keep your privacy and security in mind when engaging in personal social media use. Even with good security measures, the comments you make may be forwarded to others and accessible for others to see for a long time. Violations Employees found to have violated this policy may be subject to disciplinary action up to and including dismissal from employment pursuant to the County's Merit System Rules, and, if applicable, may be subject to prosecution under federal or state laws. issued: August 2013 Page 4 of 4 Resolution #13236 September 19, 2013 Moved by Crawford supported by McGillivray the resolutions (with fiscal notes attached) on the Consent Agenda be adopted (with accompanying reports being accepted). AYES: Gingell, Gosselin, Hatchett, Hoffman, Jackson, Long, Matis, McGillivray, Middleton, Quarles, Runestad, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bosnic, Crawford, Dwyer, Gershenson. (21) NAYS: None, (0) A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent Agenda were adopted (with accompanying reports being accepted). I HEREBY APPRZWE THIS RESOLUTION CHIEF DEPUTY COUNTY EXECUTIVE ACTING PURSUANT TO MCL 4,5.559A (7) STATE OF MICHIGAN) COUNTY OF OAKLAND) I T Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 19, 2013, with the original record thereof now remaining in my office. In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at Pontiac, Michigan this 19th day of September 2013.