Internet and E-Mail Policies
by Carol Tobin, MRSC Public Policy Consultant
May 1998
In the Information Age, local governments are relying increasingly on E-mail as a major form of communication with staff and citizens. There is no question that access to the Internet has become an essential part of government business today, and many cities and counties have developed their own Web sites to provide citizens with quick, easy access to public information and to transact business such as simplifying permitting processes. Local governments also use the Internet for research on a variety of governmental policy and legal issues, through Web sites such as MRSC's, Home Page Washington, and many others. In the initial push for E-mail and Internet access, some local governments have gone online without adopting E-mail and Internet policies. Local governments need to be concerned about how their officials and employees use E-mail and the Internet. In addition to the basic need for written policies to address Internet access and E-mail use, adopting these policies can help cities and counties protect themselves against litigation.
MRSC has posted information on sample Internet Usage and E-mail policies on this page, but some local governments do not yet have access to the Internet and would like to review the legal and policy issues before providing Internet access to employees.
Internet Access Policies
Governmental Internet access policies typically address the following:
- Statement of purpose
- Definitions
- Acceptable use
- Monitoring and enforcement
- Security
- Copyright issues
- Internet usage agreements
Statement of Purpose
A "statement of purpose" is useful to explain the reasons for adopting the policy and is also an appropriate place to articulate the organization's general philosophy on Internet use by employees. Internet policies from Seattle and Yakima include the following statements:
PURPOSE: To ensure that use of the Internet among employees of the City of Seattle is consistent with City policies, all applicable laws, and the individual user's job responsibilities.
To establish basic guidelines for appropriate use. [Seattle Internet Use Policy]
It is the policy of Yakima County to encourage effective and efficient use of all County equipment for completion of county business. This includes use of the Internet for County employees: to provide information to county residents, businesses and other governmental agencies; to search for information; and, for information exchange. [Yakima Internet Use Policy]
Definitions
Internet policies tend to use and refer to a variety of technical-sounding terms (e.g., "download," "upload," "firewall," "netiquette," and others) that may not be familiar to everyone in your organization. So, it is helpful to include a list of definitions in your policy.
Acceptable Use
A key component of most Internet use policies is the definition of acceptable and unacceptable uses of the Internet by employees. Many "acceptable use" policies begin with statements that the purpose of the Internet access is for city or county business not for personal use. This may be followed by a listing of specific unacceptable or prohibited uses. While many policies restrict use to official business, limited personal use (within the acceptable use guidelines) during breaks or before/after work hours, is sometimes allowed to as a way to encourage staff to become more proficient in using the Internet as a research and communication tool. Any authorized personal use should be subject to adequate capacity in the system.
Many cities and counties restrict the types of sites and services that may be accessed. For example, obscene or offensive sites are generally prohibite; other types of recreational sites (sports, entertainment, etc.) or news sites may also be considered "off limits." Using the Internet to conduct unlawful activities and solicitations is prohibited. The policy may also indicate that the city or county has the right to monitor Internet transactions. This is important from a legal standpoint as well as providing a mechanism for ensuring conformance to the policy.
Yakima County has the following policies on prohibited uses of the Internet:
2. E. Prohibited Uses of the Internet
2. E. 1. Commercial use - any form of commercial use of the Internet is prohibited.
2. E. 2. Copyright violations - any use of the Internet that violates copyright laws is prohibited.
2. E. 3. Solicitation - the purchase or sale of personal items through advertising on the Internet is prohibited.
2. E. 4. Harassment - the use of the Internet to harass employees, vendors, customers, and others is prohibited.
2. E. 5. Political - the use of the Internet for political purposes is prohibited.
2. E. 6. Aliases - the use of aliases while using the Internet is prohibited. Anonymous messages are not to be sent. Also, the misrepresentation of an employee's job title, job description, or position in the County is prohibited.
2. E. 7. Misinformation/Confidential Information - the release of untrue, distorted, or confidential information regarding County business is prohibited.
2. E. 8. Viewing/Downloading of Non-Business Related Information - the accessing, viewing, downloading, or any other method for retrieving non-County related information is prohibited. This includes, but is not limited to, entertainment sites or pornographic sites.
Monitoring and Enforcement
Employees should be made aware that the city or county retains the right to monitor Internet use. Some jurisdictions require employees to complete an Internet Access Log, as in Whatcom County and Jefferson County. In some cases, the local government may have software to automatically monitor Internet activity. Yakima County's Internet Access Policy contains the following provision on monitoring of employee use:
2. F. 3. Privacy - an employee's rights while accessing the Internet by use of County property does not include the right to privacy. The County reserves the express right to monitor, in any way, the activities of the employee while accessing the Internet. Violation of County policy regarding Internet use may result in disciplinary action up to and including dismissal. Court cases have upheld a business' right to monitor and discipline employees based upon electronic activities which are prohibited by a company's policy.
Internet use policies should also address enforcement procedures including guidelines to address the abuse of access privileges. The Washington State Auditor's Office has developed detailed procedures for enforcing their policies regarding inappropriate usage (for complete policy, see MRSC compilation or Web). Jefferson County has a more typical enforcement policy:
7.1 Enforcement of this Policy (Right to administer or revoke use)
Failure of county employees to adhere to this policy may result in restriction
or revocation of access or disciplinary action.
7.1.1 Access Limitation or Revocation
With concurrence of the Elected Official or Department Head, employees
who are found in violation of this policy may be subject to the following:
1) Internet and E-Mail access may be revoked.
2) Access times may be restricted.
7.1.2 Disciplinary Action
Substantial or repeated abuse of the provisions outlined in this policy
may be deemed sufficient justification for immediate discharge. (See Article
VIII, Standards of Conduct and Discipline, Jefferson County Personnel Policy)
Security Issues
Security, including protection from viruses as well as security of governmental information, is a concern with both Internet and E-mail use. Access to E-mail and the Internet is restricted to authorized persons. Employees are responsible for the security of their own passwords, which protect against unauthorized access. Regularly changing E-mail and Internet passwords is recommended. Jefferson County's policy on personal security is reproduced below:
Employees should keep personal log-ons and passwords confidential and change passwords on a regular basis as instructed by Information Services procedures. Failure to adhere to this policy jeopardizes network security and puts users at risk of potential misuse of the system by other individuals. Network users may be held responsible for all actions taken using their personal network access permissions.
Policies generally address downloading and uploading of files. Most policies require special permission for downloading or uploading files from or to the Internet. Virus detection software should be installed on individual workstations and the network. Employees are responsible for virus checking of downloaded files. Seattle has a separate policy on virus protection (see MRSC compilation or Web.)
Copyright Issues
City and county employees should be aware of copyright laws and should be prohibited from downloading illegal software and copyrighted information. Yakima County's Internet Access Policy addresses legal issues, including copyrights:
2. F. 1. Copyrights - most of the information available on the Internet is copyrighted. It is illegal to reproduce or distribute copyrighted information regardless of its source. It is the Elected Official or Department Head's responsibility to ensure that copyrighted information is not misused by the employees. Violation of copyright laws endanger the County and legal remedies include large fines.
Internet Usage Agreements
As an extra measure of protection, most experts recommend that Internet use policies include a statement signed by the employee that makes it clear that the employee has read and understood the Internet policies. Tukwila's Internet usage agreement is reproduced below:
On _____ (date), I __________ (print name) received a copy of the Internet Utilization (Administrative Policy #01-29) and Internet Setup and Access (Administrative Policy #01-28) policies for the City of Tukwila. I have read the policies and agree to comply with all stated provisions and terms. I understand that failure to adhere to these policies may result in discipline, up to and including termination.
_____ (date) __________ (signature)
E-Mail Policies
In our fast-paced society,electronic mail, more commonly known as E-mail, has become the recognized method of communication within organizations as well as a new vehicle for external communication. Electronic mail is more tangible than voice mail and faster than paper mail (sometimes referred to as snail mail).
E-mail policies generally contain the following:
- Statement of purpose
- Definitions (see discussion under "Internet Access Policies," above)
- Permissible use
- Monitoring
- Security (see discussion under "Internet Access Policies," above)
- E-mail as public record
- E-mail etiquette
Statement of Purpose
Similar to the Internet access policy, a local government's E-mail policy should include a statement of purpose about the need for the policy. Whatcom County's policy states:
Whatcom County's ongoing commitment to information and records management includes the establishment of a County-wide Electronic Mail Policy that provides the policies by which electronic mail is to be used. The purpose of this program is to protect the organization during litigation, government investigation or audit, promote increased efficiency and reduce costs.
Permissible Use
A city or county's E-mail policy should be applicable to both internal and Internet (external) E-mail. Many of the issues involved are similar to those related to Internet access. It is important to remember that E-mail is public, and confidential material should not be sent via E-mail. As public information, E-mail (whether sent or received) is the property of the municpality. Similar to Internet use policies, E-mail should not be used for religious or political activities, solicitation, or illegal actions.
Similar to the Internet, E-mail should only be used for governmental business communications. Some organizations allow employees limited use of E-mail for personal communications, but this is generally restricted to breaks or before or after work hours.
The city of Renton has established the following policy regarding appropriate E-mail communication:
E-mail is to be used for professional business communications. Use of language and subject matter should reflect business purposes. All use of E-mail must comply with the City's practices regarding fair employment and sexual harassment policies.
Vancouver has developed the following policy restricting the types of E-mail messages that may be sent:
Employees are accountable for their use of electronic communications just as they are for other conduct and communications in the workplace. Therefore, use of the electronic mail system is restricted as follows:
a. The e-mail system is not to be used to create, send or copy any offensive, harassing or disruptive messages. Messages will be considered offensive if they contain information or language that would violate the City's Harassment Prevention policy. The City will view the appropriateness of any communication on the basis of how it would have been perceived and dealt with had it been conducted by phone, in person or on paper.
b. The e-mail system is not to be used to send, receive or download copyrighted materials, trade secrets, proprietary financial information, or similar materials without prior authorization.
c. Confidential and sensitive information such as performance reviews, disciplinary and/or corrective actions, attorney-client privileged information, personnel information, and health or medical information should not be communicated via e-mail.
d. Communications which would be inappropriate under other City policies are equally unacceptable if delivered via electronic communication. These communications may include, but are not limited to, harassing or discriminatory comments, breaches of confidentiality and insubordinate statements.
e. The electronic mail system may not be used to solicit or proselytize for commercial ventures, religious or political causes, outside organizations or other non-job related solicitations.
Monitoring
Similar to the Internet, the city or county generally reserves the right to monitor E-mail messages.
E-Mail as Public Record
Electronic records, including E-mail messages, are public records subject to Washington State's Public Disclosure Act (Ch. 42.56 RCW) and the law governing retention of public records (ch. 40.14 RCW). Jefferson County's E-mail policy addresses public disclosure of electronic data including requests for copies of E-mail information and retention of E-mail. Printing of important E-mail messages or retaining them as word processing documents is recommended.
E-mail is not a public records storage system, and generally public record information should be retained on E-mail only as long as it is being worked on or distributed, as outlined in the Local Government General Records Retention Schedule and Records Management Manual by the Washington State Archives.
According to the State of Washington's "General Records Retention Schedules for Local Government Agencies," E-mail with no retention value, such as appointment messages and copies of documents that do not relate directly to the functional responsibility of the agency or office that receives them, should be deleted as soon as possible after the information has been received and examined. For electronic mail that constitutes a public record, a printout should be filed with the appropriate records series, and then the message should be deleted. E-mail public records include official correspondence, original reports, original policy and procedure directives, official minutes, official documentation related to legal issues or audit issues, and original messages documenting agency actions and responsibilities.
There are also legal issues related to E-mail communications. In general, E-mail is subject to discovery in litigation, and even deleted E-mail is not necessarily removed from the system. E-mail is not recommended as an appropriate form of communication with legal counsel when seeking legal advice or transmitting information related to litigation or disputes that may result in litigation.
E-Mail Etiquette
Some city and county policies address E-mail etiquette, including signing E-mail messages with appropriate identification, avoiding the use of ALL CAPS, and refraining from flaming (confrontational E-mail messages). Employees are generally prohibited from sending messages with inappropriate content, such as discriminatory, harassing, or offensive E-mail messages.
Tacoma's E-mail policy includes a section on language and behavior:
Racism, sexism, and other inappropriate behavior are not tolerated at the City. It is also not tolerated in the e-mail environment. If you receive such messages, please forward them to the e-mail Network Administrator and to your manager. If you send such messages, expect to have your manager notified.
Some people will send an angry e-mail message; one that they would never say in person. Take a minute before you enter an e-mail message. Be careful about what words you use and how you say them. Remember that messages can be printed or forwarded. Do not say things you will regret later.
Each jurisdiction will have its own approach to E-mail and Internet usage policies and procedures. For further information, see the various policies and procedures on this page and other materials available from the MRSC library and on MRSC's Web site.