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HomeMy WebLinkAbout20022984.tiff izitat //-/3-- n WELD COUNTY CODE ORDINANCE 2002-12 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 2 ADMINISTRATION, CHAPTER 3 PERSONNEL, AND CHAPTER 9 INFORMATION SERVICES, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various chapters are revised to read as follows. CHAPTER 2 ADMINISTRATION Add Section 2-2-140. Diversity Policy. A. Weld County Government will provide a welcoming environment where all individuals are respected, appreciated, included, and valued. Weld County recognizes the unique perspective and wide range of knowledge diversity affords us. Weld County is committed to learn from each other and understand that similarities and differences are what create a strong organization and community. B. Diversity is an inclusive term that includes all the differences which distinguish individuals and groups from each other. The mosaic of the people of Weld County brings a variety of backgrounds, style, perspectives, values, and beliefs as assets to the community. To appreciate diversity is to recognize that the sum of the different groups and individuals is a richer whole than the parts alone. Diversity includes, but is not limited to, race, color, age, disability, creed, religion, cultural background and experience. Diversity is integral to our success as an organization and community which will add to the splendor and desirability of Weld County as a place to live and work. C. Weld County expectations. 2002-2984 PAGE 1 ORD2002-12 1. County employees and volunteers will understand and strive to follow stated County organizational values and mission statement. 2. The County workforce, public advisory boards, and committees will strive to have diverse representation. 3. County internal systems and policies will reflect commitment to diversity. Examples include hiring practices, selection criteria, recruitment processes, training, etc. 4. The County work place will be free from all illegal and inappropriate discrimination or harassment. 5. All County departments and offices will provide services to citizens and clients in a manner that is respectful and free from illegal or inappropriate discrimination or harassment. D. If Weld County's expectations as listed above are not met, the following procedures will apply. 1. Employee reports the problem to a responsible County official, such as a supervisor, elected official, department head, or the Director of Personnel/General Services. 2. The official receiving the report documents all information received and persons spoken to and notifies the Department of Personnel within twenty-four (24) hours of the alleged incident. 3. In cooperation with the requesting department, the Department of Personnel investigates, develops and retains documentation of all allegations and insures that appropriate corrective actions are taken, including disciplinary measures by the appropriate person when justified, to remedy all violations of this policy. 4. The Department of Personnel follows up within thirty (30) days to assure no further violations of the policy have occurred. E. County policies and internal systems will be monitored by all elected officials and department heads for compliance to this policy. F. Retaliation of any kind will not be tolerated. Add Section 2-5-30. Authorize Use of County-owned Heavy Equipment. A. Due to recent dry weather conditions and a mild, dry winter, prairie lands located in Weld County have become a high fire danger, emphasizing the need for a cooperative approach among citizens and private and public entities, to fight prairie fires which may occur on public and/or private lands. B. Because of the extreme danger to public and/or private lives and property, the Board of County Commissioners, by Resolution #2002-1582, approved June 17, 2002, authorized the use of Weld County motor graders or other heavy equipment operated by Weld County personnel to fight prairie fires on public or private lands in Weld County. 2002-2984 PAGE 2 ORD2002-12 1. Use of the equipment shall be deemed necessary by the on-scene fire commander. 2. Weld County personnel necessary to operate the motor graders or heavy equipment shall be under the supervision and direction of the on-scene fire commander. Amend Section 2-12-10. Private use of County property. A. All personal property and computer software owned or leased by the County is to be used for job-related purposes only. Personal property includes, but is not limited to, motor vehicles, computers, telephones, copiers and facsimile machines. Employees who privately use personal property or computer software owned or leased by the County are subject to disciplinary action, up to and including discharge. To ensure that the use of personal property owned or leased by the County is consistent with this policy, authorized representatives of the County may monitor the use from time to time. B. All communications, digitally stored documents, and other forms of information transmitted by, created by, received by or sorted in electronic and/or telephonic communications systems owned or leased by the County are the property of the County. Employees do not have a right to privacy in such communications and information even if the information resides on privately owned devices. Delete Section 2-12-20. Electronic mail. (Incorporated into Chapter 9) CHAPTER 3 PERSONNEL Amend Section 3-3-10.A.3. Negligent or willful damage or waste of public property. This includes misuse of County property, equipment, vehicles or other materials for private gain, use or convenience and unauthorized use, possession or storage of County property. Amend Section 3-12-10. Confidential information. Because of the nature of County business, employees may have access to information of a confidential nature. This information should not be discussed except with authorized personnel. If any situation arises concerning confidential information in which an employee has a question, the employee should discuss it with his or her supervisor immediately. Misuse or disclosure of confidential information obtained in the course of County employment could result in personal legal liability and disciplinary action, up to and including termination from employment. Documents and copies generated in the course of County employment are the exclusive property of the County and are not to be used for personal use or retained in the possession of an employee. CHAPTER 9 INFORMATION SERVICES Repeal Article 3, Internet Acceptable Use Policy, in its entirety, and replace with the following: 2002-2984 PAGE 3 ORD2002-12 Section 9-3-10. General provisions. A. The Department of Information Services, in conjunction with the Information Services Governance Committee (ISGC), has taken the necessary steps to provide an Internet Acceptable Use Policy (IAUP) on acceptable use of the Internet by County agencies and departments. Any County agency or department eligible for, and having funding for, the Weld County network or the Internet will be provided with access under the terms and conditions of this policy. B. The objective of this policy is to minimize the risks to business functions and government-owned assets, and to assure adherence to regulatory and legal requirements and enterprise policies when County resources are used to access public networks. C. Violation of this policy may be grounds for having access to the Weld County network and/or Internet services revoked. Continued abuse of this policy could lead to employee disciplinary actions including termination of employment. D. This policy applies to any activity performed from a Weld County owned asset and to all Weld County employees or contracted agents of Weld County performing work activities on behalf of Weld County. Work activities conducted from remote devices or even personally owned devices are subject to this policy except that this policy does not apply to an employee performing activities solely as a member of the public and without the use of County-owned assets. The policy applies to electronic communications on Weld County Networks and public networks including, but not limited to, the following: 1. Electronic Communications: a. E-mail. b. File transfer. c. Remote login. d. Remote control software. e. Discussion groups/bulletin boards. f. World Wide Web, Gopher, web servers, wide area information servers (WAIS). g. Personal computing devices. h. Digital type devices that can communicate with personal computers or public networks. 2. Public Networks: a. Internet. b. America Online, CompuServe, Prodigy, etc. 2002-2984 PAGE 9 ORD2002-12 c. Online search services such as Dialog, Paperchase, etc. d. Dialup bulletin board systems. e. Weld County network. Sec. 9-3-20. Introduction. Weld County network access and Internet access can provide significant business benefits for County government agencies. However, there are also significant legal, security and productivity issues related to how the Internet is used. Examples of such issues are listed below. A. The potential to receive computer viruses from Internet information sources. B. The potential for someone to eavesdrop on data or correspondence which is exchanged via the Internet. C. The potential for a County government employee, through the content of his or her Internet exchanges, to impugn the reputation of local government officials and thereby invite civil liabilities. D. The potential for County government employees to be enticed by the vast social and informational forums of the Internet into spending significant work time on nonproductive activities. E. If County government agencies or any person using an Internet connection sufficiently upsets other Internet users, the connection could be flooded with traffic in protest, thus negatively impacting the availability of the service for true business purposes. F. Outside access to local databases can overwhelm the processing power of the local network. Sec. 9-3-30. Definitions. The following words, when used herein, shall have the definitions contained below: Data custodian means an owner or person responsible for the data. Electronic mail(E-mail) means a widely used network application in which mail messages are transmitted electronically between end users over various types of networks using various network protocols. Gopher or Internet gopher means a distributed document delivery service. It lets users access various types of data residing on multiple hosts. This is done by presenting the user menu documents and by using a client-server communications model. HTTP means Hyper Text Transport Protocol. Internet means the world's largest internetwork, connecting thousands of networks 2002-2984 PAGE 10 ORD2002-12 worldwide and having a "culture" that focuses on simplicity, research and standardization based on real-life use. IP means Internet Protocol, the network layer for the TCP/IP Protocol Suite. It is a connectionless, best-effort switching protocol that offers a common layer over dissimilar networks. Public Network means commercial, private or Weld County owned networks which establish the technical infrastructure that allow computer-type devices to communicate with one another and share data and peripheral devices. These networks usually provide access to the Internet. Usenet means the thousands of topically named newsgroups, the computer which run them and the people who read and submit Usenet news. Wide Area Information Servers means a distributed information service that offers natural language input and indexed searching, and lets the results of initial searches influence future searches. W W W means the World Wide Web, a project that merges information retrieval and hypertext to make an easy-to-use, powerful, global, academic information system. Section 9-3-40. Guidelines. The purpose of the following is to provide a short checklist of procedures which should be followed while accessing public networks through company resources. These guidelines govern both County employees, contractors and anyone working via County direction. For more specific and detailed policy statements, refer to the Sections that follow in this Article. A. Use of County resources for accessing public networks is for work-related purposes only. B. Users shall act responsibly when participating in discussions over a public network. They shall be polite and not get abusive in their messages to others. Users should remember that defamation can occur due to malicious use of the Internet. C. Users shall not use public networks inappropriately. The use may be monitored and access may be revoked at any time for inappropriate conduct. D. Users shall determine and abide by the policies and procedures of any external network accessed. Each user is expected to be a responsible network citizen (Netiquette). E. Downloading of any software programs or applications including, but not limited to, shareware, freeware, demo's, etc., is strictly prohibited. All such requests must go through the Department of Information Services. F. When downloading non-application software, the user shall check for copyright or licensing agreements. If there is any doubt, the user shall not copy the software. If a licensing agreement exists or the user must pay for the information, it must first be approved by the Information Services Governance Committee. G. To minimize network traffic, no automatic requests for information on the Internet and applications that generate constant network traffic, e.g., Internet radio stations, 2002-2984 PAGE 11 ORD2002-12 channels, music sharing services, etc. should always be avoided. H. The generation of excessive Internet e-mail shall be avoided. The target directory must be scanned with anti-virus software before and after downloading any files from the Internet. As most downloads are in a "zipped" format, scanning the files after "unzipping" is necessary. It is the user's responsibility to ensure that the downloaded files are free from known viruses. J. Users shall not use software (network "probes") which attempts to discover properties about the public network or computing resources connected to that network. K. Users should be aware that any data transferred via the Internet is prone to be monitored and/or intercepted by unintended destinations. L. All County e-mail is a public record and may be subject to public inspection. M. Even if software allows configuration changes to networks, computers, and other hardware or software, actual changes should only be made by members of the Information Services Department. Section 9-3-50. Roles and responsibilities. A. The role of the Department of Information Services is as follows: 1. Establish Internet Acceptable Use Guidelines. 2. Apprize elected officials/department heads of any continued abuse. It is specifically NOT the role of the Department of Information Services to act as the "Net Police." The Department of Information Services cannot be held responsible for nonprofessional usage, improper humor or the moderation and monitoring of e-mail or Usenet groups. Disciplinary actions for sexual harassment and hostile work environment violations and for use of County property for personal purposes are defined by the County policy contained in Chapter 2 of this Code. B. The role of the Information Services Governance Committee is as follows. 1. Review and approve Internet Acceptable Use Guidelines. 2. Advocate adherence to the policy. C. The role of the County departments and agencies is as follows. 1. Act as the authorizing agent that allows access to the Internet. 2. Ensure guidelines are followed 3. Provide for training of employees who need access. 4. Budget for service and associated training, if needed. 5. Establish its own data sensitivity policy. 2002-2984 PAGE 12 ORD2002-12 Section 9-3-60. Protection of proprietary information. A. Data sensitivity. Persons transmitting enterprise data over public networks should ensure that the data is processed according to its level of sensitivity by using the definitions and guidelines which follow. After having read the following sections, if the user is unsure of how to properly handle specific data, he or she should contact the information asset owner (data custodian) for guidance. B. Data sensitivity definitions. 1. Confidential data. a. Shows specific strategies and major directions. b. Confidential information as defined by local, state or federal laws, rules or regulations, e.g., Social Services data. c. Data of other businesses/persons with respect to which the enterprise is under an obligation of confidentiality. 2. Restricted data. a. Working files not completed for public dissemination. b. Is of such a nature that unauthorized disclosure would be against the best interest of the County. c. Personnel data. d. Data with restricted use or access per local, state or federal laws, rules or regulations, e.g., criminal justice data. 3. Proprietary data: All enterprise-related information requiring baseline security protection, but failing to meet specified criteria for higher classifications. a. Organizational policies and procedures that are internal by nature. b. Internal announcements. 4. Unclassified data: Information which requires no security protection. a. Public information. b. Public announcements. c. Internal correspondence and documentation which do not merit a security classification. C. Data sensitivity processing guidelines. Table 9.1 reflects the guidelines to be used in processing sensitive data: Table 9.1 Data Sensitivity Processing Guidelines 2002-2984 PAGE 13 ORD2002-12 I Confidential Restricted Proprietary I Unclassified Encrypted Encrypted Owner defines High volume permissions Use other alternatives (mail carrier) Owner Owner defines High volume defines permissions Use other permissions alternatives (mail carrier) Marked High volume confidential Use other alternatives (mail carrier) High volume Use other alternatives (mail carrier) Section 9-3-70. Security. A. Internet growth over the last several years has increased greatly. There are millions of pages of Internet information and billions of publicly available files. It is impossible to monitor every available site to determine if the site has material which violates policy. Even if a specific item is in violation of County standards, blocking access will not prevent access to the material, as many sites are either mirrored at other locations, or changes its name and Internet Protocol number regularly to avoid prosecution. B. Information Services may, without notice, restrict access of any individual to the Internet or the County network, as a whole or in part, in order to protect the security of Weld County's network and its infrastructure and stored data. Restrictions may be placed on workstations and personal computing devices to restrict configurations changes to those devices or to the operating systems to ensure the efficient transfer of network traffic and to minimize network or computer downtime. C. The following modem/Internet security guidelines shall be followed. 1. When utilizing a modem for remote access to another computer, a user shall be aware of and follow the Acceptable Use Policy, if any, regarding the remote public/private system. 2. There is no such thing as a one hundred percent secure system; the human element is always the weakest link in system security. 3. The user shall make sure that any related passwords are secure, and shall not share the passwords or write passwords on paper. Also, it is recommended that a password consists of letters and numbers. 4. Within the software which controls the modem, it is recommended that the "answer off' (if applicable) mechanism is exercised in all situations, unless approved by the Department of Information Services. 2002-2984 PAGE 14 ORD2002-12 5. If a user elects to download nonapplication software, the download directory MUST be scanned with an anti-virus program immediately following the download. The Department of Information Services will be happy to train the end-user on utilizing the anti-virus program. The user should be aware that if he or she has a modem and is on the County network, it is possible for a virus to attack any or all networked computers. 6. The user shall not distribute the phone number of the shared or dedicated modem line unless it is absolutely required. 7. If the phone number to the remote system is long-distance, the call shall be kept to a minimum length. 8. If the modem is external, it shall be turned off when not in use. Section 9-3-80. Acceptable use guidelines. A. Purpose. This Section represents a guide to the acceptable use of the Internet and Weld County's own network for County employees. In those cases where data communications are carried across other regional networks or public networks, network users are advised that acceptable use policies of those other networks apply and may limit use. B. General. 1. Participating agencies assume responsibility for providing reasonable publicity and enforcement for this "Internet Acceptable Use Policy". Ultimate responsibility for traffic that does not conform to this policy lies with the individual end user. It is the responsibility of the County agency to monitor and rectify the behavior of its users who disregard this policy. 2. It is also the responsibility of each County agency to provide adequate training for its users to ensure appropriate network use. 3. The Department of Information Services and the County accept no responsibility for the traffic which they transport and which violates the Acceptable Use Policy of any connected networks, beyond informing the County agency if and when a violation is brought to the attention of the Information Services Governance Committee. 4. All use of the network must be consistent with the goals and purposes of the network and within the spirit of this Section. The guidelines listed herein are provided to make clear the categories of use which are consistent with the purposes of the Internet or public network. The intent is not to exhaustively enumerate all such possible uses or misuses. 5. Internet computing resources are world-wide, and all users are urged to exercise common sense and decency with regard to these shared resources. Particular attention should be paid to policies developed for various Internet services by Internet users, such as Usenet policies. 6. Because of the diversity of resources on the Internet and other public networks, it is impossible to list all the do's and don'ts. In general, common sense should 2002-2984 PAGE 15 ORD2002-12 be used to judge situations. The following are some guidelines to start with. a. Computing resources should be used only for County related business in the support of the administrative, instructional, research, and public service objectives of the County. b. Appropriate use of resources is limited to the official work of the agencies. Examples of inappropriate use of resources include, but are not limited to: 1) Any traffic that violates state/local and federal laws. 2) Any traffic that is unethical in nature. 3) Distribution of unsolicited advertising. 4) Propagation of computer worms and/or viruses. 5) Distribution of chain letters. 6) Attempts to make unauthorized entry to another network node. 7) Use for recreational games. 8) Personal use. 9) Sexually offensive material. 10) Running applications that generate constant unnecessary network traffic. 7. The Information Services Governance Committee endorses the following guidelines concerning computing resources. a. Users shall respect the privacy of others. They shall not seek information about, obtain copies of, or modify electronic information belonging to, other users unless explicitly authorized to do so by those users. b. Users shall not share passwords with others or use passwords not belonging to them. c. Users shall respect appropriate laws and copyrights. The distribution of programs, databases and other electronic information resources is controlled by copyright laws, licensing agreements, and trade secret laws. These shall be observed. 8. All County agencies must accept these guidelines and understand that network traffic originating from its location is to be consistent with this policy. The Department of Information Services can not police the network but may refer to the appropriate Elected Official or Department Head for disciplinary action any agency that appears to be in persistent and/or serious abuse of this policy. Questions pertaining to the policy or interpretation of the policy should be submitted to the Internal Services Governance Committee. 2002-2984 PAGE 16 ORD2002-12 9. The Department of Information Services may at any time make a determination that particular uses are not consistent with the purposes of the network connection. Such determinations will be reported to the agency's Elected Official or Department Head, as appropriate, for information and possible imposition of sanctions. Persistent and/or serious violation of the policy may result in withdrawal of approval to use the Internet and other public networks or other penalties. C. Participation in discussion groups. 1. There should be a good business reason for participating in any discussion group over the Internet. 2. The user must be aware that the information he or she puts out on the Internet will be perceived as the official County position unless specifically identified as personal opinion, even in a discussion. If the user is offering his or her own opinion, he or she shall be sure it is clearly identified as such. Also, if you would be embarrassed to have someone read it on a postcard, do not say it on the Internet or in any e-mail. 3. All rules which apply to other forms of written correspondence apply here, even though the style is more casual. D. Classes of mail allowed. Setting the standards for both casual and official correspondence is the responsibility of the individual department and is the same for the Internet as for other forms of written correspondence. E. Qualifications for access authority. Before the Department of Information Services approves a user for Internet or County network access, a Weld County Computer Security Request Form must be properly filled out and processed according to the normal procurement process. Section 9-3-90. Web server guidelines. A. Review. The Department of Information Services and the Governance Committee will review all Web access proposals to ensure that the project adheres to all guidelines set forth in this Section. B. Initial approval. Any proposed Web access must be submitted to the Information Services Governance Committee for initial approval of the proposed project. The following information must be provided to the Department of Information Services for it to review and assist in submitting the initial request to the Governance Committee. 1. State the general purpose of the project and how it relates to County business. 2. Define the scope of the project, including what information is going to be made available, to whom it will be available, and who the targeted user is. 3. Provide initial design documentation, which includes a rough page layout, applets, links images, etc. 4. Identify any County data accessed not located on the Web server and how the data will be used. 2002-2984 PAGE 17 ORD2002-12 5. Identify the designated contact person within the department for this project, who will be responsible for maintaining current information. 6. Identify the security requirements of the project. C. Guidelines. If initial approval is granted for the project, the following guidelines must be followed during the development: 1. The Department of Information Services must establish and maintain a fully functioning firewall for Web access projects to be operating in production. 2. The Department of Information Services will monitor applications and network activity and set restrictions as needed to prevent problems with County data or internal network processing. 3. The Department of Information Services will maintain appropriate security levels. 4. The Department of Information Services will approve and allocate resource requirements. 5. To help ensure compatibility between applications, development tools as defined by the Department of Information Services and approved by the Information Services Governance Committee will be used. 6. The Department of Information Services must review and approve the proposed location of the data and Web page access, Web server and network access points. 7. All development and/or enhancements to a project must be performed and tested on a designated test Web server. 8. After testing is completed and the project is reviewed by the Department of Information Services, the project will be transferred to the production Web server. Only the Department of Information Services will have development access on the production Web server. 9. The Department of Information Services' main priority is to maintain the integrity of the County data and in-house network processing capabilities. If at any time, the web page and/or associated links/controls do not adhere to the set standards or cause a problem for whatever reason, the web page may be terminated without notification. 10. Contents of Web pages should be approved by Department Head/Elected Official or his or her designee. Section 9-3-100. Use of electronic mail. A. Electronic mail (e-mail) is defined as any message that is transmitted electronically between two (2) or more computers or terminals, whether stored digitally or converted to hard (paper) copy. Under Part 2, Article 72, Title 24, C.R.S., e-mail messages may be considered public records and may be subject to public inspection, pursuant to Section 24-72-203, C.R.S. All computer-related information, including e-mail messages and/or 2002-2984 PAGE 18 ORD2002-12 digitally stored documents, are the property of the County and are considered the County's records even if the information resides on privately owned devices. Section 9-3-110. Employee access to e-mail. A. All County employees with a need will be assigned a user address by the Department of Information Services. These addresses may be used to send and receive e-mail messages to/from other County employees. Conduct for use of these e-mail systems is detailed in the following Sections. B. Elected officials and department heads may also request an e-mail address that is Internet-accessible. At the request of the department head or elected official, employees will be provided Internet-accessible e-mail addresses for conducting County business. Employees will be provided such e-mail addresses, pending County technology capabilities and availability. Continued access to Internet-accessible e-mail will be contingent upon the employee's conduct, as outlined previously in this Article and reviewed below. Costs associated with e-mail access will be evaluated annually and determined through the County's budget process. Section 9-3-120. Employee conduct with e-mail. A. As with any County property or equipment, e-mail should be used for official County business only. Incidental and occasional personal use of e-mail is permitted. However, strictly forbidden e-mail usage includes use for personal profit or gain; transmission of political messages; solicitation of funds for political or other purposes; or sending of harassing messages. Section 9-3-130. Monitoring e-mail. A. Because e-mail is County property, the County has the right to inspect and review any e-mail or other data stored on County computers and equipment or on privately owned devices if used in the course of County business. Information Services' staff is responsible for monitoring electronic mail through regular computer network maintenance. Additionally, County officials may inspect and copy e-mail and computer records when there are indications of impropriety by an employee, when substantive information must be located and no other means are readily available, or when necessary for conducting County business. Supervisors may review the contents of an employee's electronic mail without the employee's consent. Section 9-3-140. Retention, archiving and destruction of e-mail. A. E-mail messages that concern policies, decision-making, specific case files, contracts or other information that should be kept as part of the official records of County business should be retained by the recipients of such e-mail. Therefore, employees are responsible for retaining and archiving electronic mail messages as official records of County business. E-mail messages that are intended to be retained as public records should be stored on the County's network drives in order to be included in the centralized back-up process. B. The Director of Information Services is the official custodian of electronically/digitally stored information, including e-mail. The Department of Information Services is responsible for monitoring and retrieving archived data/information. 2002-2984 PAGE 19 ORD2002-12 C. Users (employees) are responsible for archiving e-mail messages. After forty-five (45) days, employees should delete e-mail messages to minimize storage requirements. The Department of Information Services is responsible for long-term storage of electronic mail and will retain/destroy e-mail records in accordance with the records retention schedules established for records by the State, pursuant to Part 1 of Article 17 of Title 6, C.R.S. Section 9-3-150. Public requests for e-mail. A. Public requests for e-mail that is a public record should be submitted to the elected official or department head. Public requests for public records will be handled in compliance with the Public Records Act. If a request is made to inspect e-mail, County staff shall, prior to release, consult the Elected Official or Department Head prior to allowing inspection of the correspondence, for the purpose of determining whether the correspondence is a public record. B. Members of the public who request public e-mail records will be charged for the costs of providing those records, in accordance with the County fee schedule. Add Article VIII Personal Computing Devices, as follows. Section 9-8-10. Need for Policy. A. This policy is intended to provide guidance to departments who are utilizing personal computing device technology and to help minimize the risk to business functions and government owned assets. This policy also extends the County's right to data ownership and its right to review data on computing devices to areas of new technology. Section 9-8-20. Definitions. A. Workstation. End-user computing device. Usually this device is a desktop computer at an employee's desk linked to Weld County's network. B. Personal Computing Device. Hardware designed to be very portable that contains a computer chip to allow the device to communicate with the Weld County network or share/store information with a device already connected to the network. Examples are Pocket PCs, Palm PCs, PDAs, Palm phones, Smart phones, wearable computers, e-mail devices, etc. C. Personal Digital Assistant(PDA). See "Personal Computing Device" above. D. End User. A person utilizing any computing or communication device to perform daily activities related to Weld County business. E. Synchronization Software. Software installed on a workstation that enables it to share/transfer information to and from the personal computing device. F. Support Staff. Individuals employed and trained to support computer software and hardware. G. Information Services Governance Committee (ISGC). Reviews information technology issues or projects and provides recommendations to the Board of Weld County Commissioners concerning information technology policy at Weld County. 2002-2984 PAGE 20 ORD2002-12 Section 9-8-30. Statement of Policy. A. With the growing need for instantaneous communication and data access, Weld County recognizes the need to incorporate new technology to facilitate business related functions by allowing personal computing devices to share data or communicate with the Weld County network. Employees using any form of mobile computing or personal computing technology that synchronizes information, transfers information, or communicates with Weld County Government's network infrastructure or data must be knowledgeable of and operate within these guidelines. B. This policy applies to any activity performed from a County-owned asset and to all Weld County employees or contracted agents of Weld County performing work activities on behalf of Weld County. Work activities conducted from remote devices or even personally-owned devices are subject to this policy. However, this policy does not apply to an employee performing activities solely as a member of the public and without the use of County-owned assets. C. Guidelines. 1. This policy applies to any county-owned device or any personally-owned device the owner wants to link to or communicate with the County's network or data. 2. The personal computing device is not considered a secure computing device. Being a small and very mobile device, it has a higher chance of being misplaced or stolen. Under no circumstances should lists of passwords be maintained on a personal computing device, and the password protection feature should be enabled. 3. Data transferred to, created, or updated on the personal computing device is not backed up by the County's normal data backup procedures. It is the user's responsibility to ensure a recoverable version of any data that is the property of Weld County. 4. To be considered for approval of linking or communicating with the Weld County network, the personal computing device must meet County hardware and software standards established by the Information Services Governance Committee. Requests failing to meet Weld County standards will result in denial of access to the Weld County network. 5. If the device is used to synchronize or communicate with the Weld County network or its data, the county business related information remains the property of Weld County. Weld County reserves the right to inspect the device and its contents at any time and/or request the removal of the data or software. Failure to comply with the request will be in violation of this policy. 6. Even though the personal computing device is a mobile device, by using the device in association with the Weld County network, the employee agrees that the use of the device and its contents is still governed by Weld County's Internet Acceptable Use Policy. 7. The elected official or department head must ensure there is a justified business need to approve the employee's use of the personal computing device that links 2002-2984 PAGE 21 ORD2002-12 with the Weld County network. The elected official or department head is responsible for the type of data that will be contained on the personal computing device. 8. At the end of employment with Weld County, the County-owned device will be returned to Information Services with any personal information removed. If the employee was using a personally-owned device, the employee promises to ensure all Weld County related information is copied back to the Weld County network and the elected official or department head is informed as to where it is stored on the network. The information and all backups of the information will then be deleted from the personally-owned device. 9. All software on County-owned devices must be legally licensed for the device on which it is installed. Requests for new hardware or software (synchronization software or regular application software) may be made through the normal governance approval process. 10. Information Services will support only the Weld County standard synchronization software that facilitates the link with GroupWise calendaring. All devices must be compatible with that standardized software to be considered for linking or communicating with the Weld County network. In addition, personally owned devices must be in full operational order prior to requesting the installation of synchronization software on the user's desktop personal computer. 11. If an employee is planning to purchase a personal computing device and wants to synchronize/link it with the Weld County network, it is the employee's responsibility to meet Weld County standards for hardware and software, receive approval from the Elected Official or Department Head approval, and confirm any Weld County funding of any additional required hardware and/or synchronization software. Approvals should be obtained prior to any purchase. 12. Weld County reserves the right to discontinue authorization for linking personal computing devices to the network at any time because of any perceived threat to the stability of the Weld County network infrastructure. In addition, Weld County may, at any time, require additional and/or different software be used on the desktop or the personal computing device to safeguard the network or to maintain compatibility with other applications. 13. Personal computing type devices, i.e., PDA's, palm phones, e-mail devices, projectors, digital cameras, etc. are not included in the normal Information technology repair costs. Repairs are the responsibility of the individual owner or the County department. 14. For an employee to synchronize or link personal computing devices with the Weld County network, the user and personal computing device must be registered as a user with the Information Services Department. 15. Weld County does not guarantee continued compatibility with any hardware device or software being utilized in this environment and is not liable for personal expenses incurred. 16. Weld County or ACS is not responsible for any damage to personally owned hardware or software that may be incurred while supporting the personal 2002-2984 PAGE 22 ORD2002-12 computing device or related software. 17. Abuse of this policy can result in removal of authorization to have personal computing device link or communicate with the Weld County network. Continued abuse of this policy could lead to employee disciplinary actions including termination of employment. Section 9-8-40. Procedure. A. Any purchased hardware must meet Weld County standards. B. Any Weld County employee wishing to synchronize a personal computing device with a desktop personal computer or link it with the Weld County network, must first have it approved by their Elected Official or Department Head. There must be a clear business need to approve the request. 1. Requesting user must be an authorized user of the Weld County network. 2. All related hardware and software purchases must be approved by the Information Services Governance Committee. 3. Requesting user must sign the Personal Computing Device Acknowledgment form explaining Weld County's right to review any information contained on the device. The Personal Computing Device Acknowledgment form is available from the Information Services Department. Along with the user's signature, the employee's full name, device make and model, operating system, and serial number shall be provided. C. Information Services will review the information on the Personal Computing Device Acknowledgment form to ensure the hardware and software meet Weld County standards. 1. Information Services will inform the employee of approval or denial. 2. Information Services will maintain a log of all users who synchronize or link a personal computing device with the Weld County network. D. If hardware or software purchases are involved, purchases will be made after the Information Services Governance Committee approvals have been obtained. 1. Information Services will process approved requests by ordering and receiving regular PDA type devices. 2. Phone Services and/or the Weld County Purchasing Department will process approved requests for other types of personal computing devices, i.e., palmphones, LCD projectors, digital cameras, digital video cameras, etc. a. Prior to any purchase, the requesting department should obtain Information Services approval on any digital device that will link or communicate with personal computers or the Weld County network. Information Services will ensure compatibility with existing standards and plan network resource availability and/or capacity. 2002-2984 PAGE 23 ORD2002-12 b. The response from Information Services will include the detailed items that have been approved. E. Any application software that will reside on the personal computing device should be treated as a regular application software request to be reviewed by Information Services and approved by the Information Services Governance Committee prior to being purchased or implemented. 1. Any application software residing on the personal computing device must output data in a format compatible with existing desktop application software standards. F. If data related to Weld County business is created or updated on the personal computing device, it is the user's responsibility to provide a backup of modified data or ensure that it is copied back to their M: network drive where it is included in the centralized backup process. Data on a desktop personal computer's local drive is not backed up in the centralized backup process. G. Personal Computing Device Standards 1. PDA type devices. a. Devices running the Palm Operating system, which must also be compatible with designated synchronization software. 1. Documents To Go software may be necessary to provide compatibility with Microsoft Word and Excel. b. Devices running the Microsoft Windows Pocket PC operating system, which must also be compatible with designated synchronization software. 2. Software to synchronize GroupWise calendar. a. IntelliSync version 5.x and higher, manufacturer Puma Technology. 3. Network client software must be compatible with currently established Weld County network versions and protocols (when available). a. Check with Information Services Department for current requirements. Section 9-8-50. Exceptions. The authority to approve exceptions to this Policy is delegated to the Director of Information Services Department Section 9-8-60. Interpretation Contact. Director of Information Services. 2002-2984 PAGE 24 ORD2002-12 BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2002-12 was, on motion duly made and seconded, adopted by the following vote on the 23r day of December, A. D., 2002. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Glenn Vaad, Chair Weld County Clerk to the Board David E. Long, Pro-Tern BY: Deputy Clerk to the Board M. J. Geile APPROVED AS TO FORM: William H. Jerke County Attorney Robert D. Masden First Reading: November 13, 2002 Publication: November 20, 2002, in the Tri-Town Farmer and Miner Second Reading: December 2, 2002 Publication: December 11, 2002, in the Tri-Town Farmer and Miner Final Reading: December 23, 2002 Publication: December 24, 2002, in the Tri-Town Farmer and Miner Effective: January 1, 2003 2002-2984 PAGE 25 ORD2002-12 Hello