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HomeMy WebLinkAbout2012-07-11 Work Session Minutes Minutes of Board of Commissioners’ Work Session Wednesday, July 11, 2012 Page 1 of 8 Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF WORK SESSION DESCHUTES COUNTY BOARD OF COMMISSIONERS WEDNESDAY, JULY 11, 2012 ___________________________ Present were Commissioners Alan Unger and Tammy Baney; and via Skype, Chair Anthony DeBone. Also present were Erik Kropp, Interim County Administrator; and, for a portion of the meeting, Rob Poirier, 911 County Service District; Chief Larry Huhn (Bend Fire Department); John Laherty, County Counsel; Kevin Harrison, Community Development; Joe Sadony, IT; Dave Inbody, Assistant to the Administrator; Susan Ross, Property & Facilities; and three citizens, including media representative Erik Hidle of The Bulletin. Chair DeBone opened the meeting at 1:30 p.m. 1. Bethlehem Inn Update. Gwen Wysling, Executive Director, said they have submitted their report for the grant received last year. They appreciate the County’s continued support. They finished their year on plan and they reached a level to be sustainable. The last five years have been challenging economically with the increase in homelessness. They had 26,259 bed nights last year, serving 800 individuals – and 200 or more who needed some help but did not meet the standards to stay with them. She emphasized the critical safety net they are providing. They cannot do it alone but are able to do so with about 70 other partner agencies. They work hard to have accountability and protocols in place at all times. They hope to continue the operational sustainability. Jennie Hoffman added that they have met 100% of their goals as far as getting the residents the help and guidance they need. They consider it quite successful at this point. She read a letter from a previous resident who has made a significant change in her life after receiving help from this organization. Minutes of Board of Commissioners’ Work Session Wednesday, July 11, 2012 Page 2 of 8 They can’t just look at the numbers or the work that they do, but the impact on individuals and the help provided by volunteers and businesses. A major focus this year is to have more businesses involved. The board has some strong leadership in place, with a staff of 12 and a budget of $700,000 a year. Mr. Kropp stated that Community Development came out to inspect for roof overhang hazards, and Property & Facilities responded to get the needed repairs done. He said the lease expired on June 30. He asked if the Board wants to talk about the lease and the length of time. Ms. Wysling said they would like to renew the two-year lease because it works best for their situation at this time. The Commissioners felt comfortable with this arrangement. Ms. Wysling stated they are working on the kitchen and various ADA aspects. Commissioner Baney said that the Board wants to be sure these services are provided and they are doing it well. She considered the two-year lease as rolling, with time to plan and strategize for the future. Mr. Kropp stated that he likes the idea of a two-year lease although some grants require a five-year commitment. This can be evaluated if an opportunity comes before them at some point. 2. Discussion of a July 16 Hearing (continued) to Consider a Proposal to Change the Comprehensive Plan Map Designation of a Property from Agriculture to Airport Development, and Rezone the Property from Exclusive Farm Use to Airport Development-Airport Support District (Gibson). Kevin Harrison said this project has been continued several times during the past three and one-half years, involving potential growth to the south. The applicant was waiting for the Airport Master Plan to be completed. Several things have happened since July 2011. The Plan update is coming to a close, and the main conclusion is that the Airport would grow to the north, not the south. The City is interested in the subject property only as a buffer. At the same time, the applicant has sold the property and nothing has been heard from him or the new owner. On its face, it appears the applicant has abandoned the project. This land is not being viewed by the City for anything but buffering, which is already provided because of the zoning. Minutes of Board of Commissioners’ Work Session Wednesday, July 11, 2012 Page 3 of 8 Commissioner Unger questioned whether the City is being fair to the applicant, or are they being self-serving. Chair DeBone asked about the parcel. Mr. Harrison said there are two tax lots involved. Mr. Harrison is not sure if the property owner will attend the meeting, but he was notified. Commissioner Unger said he would like to have something on the record from the owner. Commissioner Baney stated no one was there to represent their ownership at the last meeting, and questions why they would continue it again. Mr. Harrison said the continuances were allowed by the Board for the applicant to demonstrate a need for the land for future airport uses. The Plan shows it is not needed. Commissioner Unger said that the Plan is not yet finalized , so there should be more opportunity for public input. Mr. Harrison stated the City expects to submit the Plan to the FAA in the next few months . It then goes to the Planning Commission and then to the Board. Commissioner Baney feels that if no one comes forward on Monday, they should proceed. Mr. Harrison said the Board can adopt the Hearings Officer’s findings, and the applicant can come back with another application at some point. He feels the application is premature by many years. 3. Discussion of Updated Policy No. IT-1, Regarding Computer, E-mail and Mobile Computing Device Use. John Laherty said that the third-party provider of the software requires some changes to the policy. This would amend the Countywide IT policy in order to incorporate some of the most widely used terms in third -party agreements, as well as to emphasize compliance to the policy. The thought was that if employees have to sign a third-party user agreement will have a better understanding of the policies, and this would enhance accountability. Therefore, some amendments were drafted. It was foremost to adopt the SharePoint software program now being used. Mr. Laherty then went over the changes as presented. Mr. Kropp said the vendor is mostly working in Health Services, and that is where much of the training should be focused. This type of information is particularly critical to protect. Minutes of Board of Commissioners’ Work Session Wednesday, July 11, 2012 Page 4 of 8 BANEY: Move acceptance of these changes and the revised Policy No. IT -1, authorizing County Administrator signature. UNGER: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. 4. Other Items. Executive Session, under ORS 192.660(2)(d), labor negotiations. ___________________________ Rob Poirier and Chief Huhn said they are seeking approval for a proposal relating to a records management system for the fire agencies. There were some connectivity issues, but Bend Fire Department became a big user and added improvements to the system. During the process of purchasing the law enforcement system, the fire agencies started discussing how theirs should work. The State sponsors one system free, but Chief Huhn felt it was not robust enough to support the RMS. Bend Fire has been paying the maintenance fees but this has been subject to renegotiation. 911 is the administrative middleman and should not be involved in the management of the system. He would like to transfer the management to Bend Fire. There is concern about giving away an asset. However, he does not consider this as a tangible asset. He wants to pursue transferring this to Bend Fire with stipulations that if other agencies want to be involved, it would need to come back to the District, on equal t erms. The E-Board is supportive of this transition. Commissioner Baney asked what happens if just one agency wants to come back to it. Chief Huhn said this is not as much an ownership issue as much as it is an administration issue. He is not concerned about that, and the agency would need to participate in the cost. Mr. Poirier added that when it is drafted, there would be provisions that deal with capacity and the potential of overloading the system. Chief Huhn said the only agency that would be a significant addition would be Redmond Fire. Minutes of Board of Commissioners’ Work Session Wednesday, July 11, 2012 Page 5 of 8 The Board was supportive; Mr. Kropp said this could come to the Board for approval as a consent agenda item. ___________________________ Mr. Kropp stated that the Board had talked about how to address the community grant program and discretionary grant requests, and this merits further discussion. Mr. Inbody provided a handout of the current process and what has been allocated over the past eight years, as well as the reasons for providing certain types of grants. In the past, some have automatically received grants when it was not clear as to whether this was the intent or the best way to handle these funds. Some service partners do something required by law and if they did not do it, the County would otherwise have to; others do work authorized by the Board; and the balance is discretionary for nonprofits, typically with an emergency need. The question is who should be funded and at what level; and whether the Board is comfortable with the way it is now handled. Chair DeBone said the community grants are well defined, but the need is great. Some of them take the money, and all the credit and the County gets none. Commissioner Baney added that it is difficult to separate out what United Way is funding and what the County is also distributing to perhaps the same groups. She stated that there are new groups that want to help in other ways that are not included. This would be through nonprofits instead of through a government agency. It would help to get upstream on some of these. Commissioner Unger said the County helps to get some groups off the ground but in the future, they may not be entitled and can no longer function. Mr. Inbody asked if the purpose is to maintain organizations or to just get them up and running. Some are already well-funded and the money they get could make a bigger difference for other groups. Commissioner Unger said that the Upper Deschutes Watershed Council needs money to operate and to match grant funds. Minutes of Board of Commissioners’ Work Session Wednesday, July 11, 2012 Page 6 of 8 Chair DeBone said the main focus perhaps should be economic development. Perhaps each City needs funding towards infrastructure or businesses. He prefers this approach over handing out food and clothing. Commissioner Unger stated that the La Pine Community Kitchen is a good example. They rely on this funding. Chair DeBone would like the community and churches to do more of this type of support. Commissioner Baney said this is a hybrid, supplementing the work that the groups do. There are gaps in what is already provided. The criteria are not separated and funds go to groups that are already funded. Mr. Inbody stated that some groups are getting funding from other departments within the County, for instance the Sheriff’s Office or Health Department. The question is whether that is where it belongs. Some organizations are tapping into every opportunity. Chair DeBone stated that perhaps the Commissioners should be part of the review committee for community grants. Mr. Inbody said the recommendation from the review committee is to obtain some feedback. Commissioner Unger stated that he would like more involvement and feels there should be more flexibility with discretionary grant funds. Commissioner Baney said that perhaps the discretionary grant funds should be for tangible items or for seed money for fundraisers. The need is great and the dollars are limited. The service partners grant program is a problem because others would like to be considered for this. Mr. Inbody stated that the Juvenile Crime Prevention organizations almost expect to get funding and they may be getting too much. Commissioner Baney stated that some of this is for operations and perhaps it should be capped. Commissioner Unger feels the Watershed Council needs unrestricted money for staffing and this enables them to match it with grants. Commissioner Baney said that in some cases it is the vast majority of the group’s funding. Sometimes this means subsidizing the School District, and should be capped. However, some are doing work that no one else will, like the KIDS Center. Mr. Inbody said that maybe the Board should identify how much funding should be used for specific purposes, and the providers can apply for a part of that. This might allow for a better understanding of how the funds are being used. Commissioner Baney would like to see some equity across the County as well. Minutes of Board of Commissioners’ Work Session Wednesday, July 11, 2012 Page 7 of 8 Mr. Inbody asked to what extent they want to offer discretionary grants , and whether there are some that are entitled to count on those funds without competition. Chair DeBone stated that he feels the three categories work well. Commissioner Unger feels that they need to be thoughtful about how much support should be given now and in the future. There are many groups that would be impacted by this. Commissioner Baney wants to cap how much goes to a group’s operating budget. They may be too heavily dependent on this. The County needs to leverage the money for the work that the County would otherwise have to provide. Chair DeBone wants to cap emergency food and shelter numbers and spend more on economic development.. Commissioner Baney said that perhaps the discretionary grant funds should be capped at $2,000. Sometimes requests come in at $10,000 or more. Mr. Inbody said it is intended for a fundraising match or immediate needs, although some groups apply for it every year. Each Commissioner has different ideas as to how the funds are best used. Chair DeBone said leaving it open works for him. Commissioner Baney suggested quarterly reviews, but emergency needs might not marry up with this. Chair DeBone said considering them quarterly is a long time. He feels monthly is better. Commissioner Baney suggested that they review the other aspects and leave the discretionary grant program alone this year. Commissioner Unger wants to be able to support things that he feels they are important, and some discretion is needed. But, perhaps the dollar amounts should be less. Commissioner Baney would like the groups try to match the funds. Mr. Inbody said that they often get requests for amounts far beyond the parameters of the program as well. The Board asked for some alternative ideas to review. ___________________________ BANEY: Move to oppose the motion for reconsideration on the Latham appeal. DEBONE: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. ___________________________ DEBONE: Move that the County not defend the destination resort mapping appeal under consideration at LUBA. BANEY: Second. VOTE: BANEY: Yes. UNGER: Yes. DEBONE: Chair votes yes. Mr. Kropp said the Health Department would like to apply for a grant for $48,000 from the Northwest Health Foundation, for data gathering. This application needs Board approval. The Board indicated its support Being no further discussion, the meeting adjourned at 3:30 p.m. DATED this Z1-1t;; Day of_~ 2012 for the ---+O\-_----i-______ Deschutes County Board of Commissio~ Anthony DeBone, Chair Alan Unger, Vice Chair ATTEST: Tamm~Sioner Recording Secretary Minutes of Board of Commissioners' Work Session Wednesday, July 11,2012 Page 8 of8 C -o ->­:; ..... oN >-­roO "'ON '"Q) I "'0 Q) I I I ~ ~-y __._, I II _ rI I I I I I I I I , I I ro 0.. Deschutes County Board of Commissioners 1300 NW Wall St., Suite 200, Bend, OR 97701-1960 (541) 388-6570 -Fax (541) 385-3202 -www.deschutes.org WORK SESSION AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 1:30 P.M., WEDNESDAY, JULY 11,2012 1. Bethlehem Inn Update -Gwen Wysling & Jennie Hoffman 2. Discussion of a July 16 Hearing (continued) to Consider a Proposal to Change the Comprehensive Plan Map Designation of a Property from Agriculture to Airport Development, and Rezone the Property from Exclusive Farm Use to Airport Development-Airport Support District (Gibson) Kevin Harrison 3. Discussion of Updated Policy No. IT-I, Regarding Computer, E-mail and Mobile Computing Device Use -John Laherty 4. Other Items Executive Session, under ORS 192.660(2)( d), labor negotiations -Erik Kropp PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues relating to ORS 192.660(2) (e), real property negotiations; ORS 192.660(2) (h), litigation; ORS 192.660(2)(d), labor negotiations; or ORS 192.660(2) (b), personnel issues. Meeling dales, limes and discussion items are subjecl/o change. All meetings are conducted in the Board o/Commissioners' meeting rooms at 1300 NW Wall S/., Bend, unless otherwise indicated. 1/you have questions regarding a meeting, please call 388-6572. Deschutes County meeting locations are wheelchair accessible. Deschutes County provides reasonable accommodations for persons with disabilities. For deaf, hearing impaired or speech disabled, dial 7-1-1 to access the stale transfer relay service for lTV. Please call (541) 388-6571 regarding alternative formats or for further information. i t t t DESCHUTES COUNTY LEGAL COUNSEL JOHN E. LAHERT~ Assistant Legal Counsel it541-330-4645 TO: Commissioner Anthony DeBone DATE: July 5, 2012 Commissioner Tammy Baney Commissioner Alan Unger RE: Amendment of Policy #IT-l FILE NO.: 911-016 The County's Behavioral Health department is currently negotiating a contract with a service provider, TNT Management Resources, Inc., for the creation of an on-line system for sharing sensitive documents. As part of the contract, TNT wants the County to sign a Site Agreement, and individual County employees to sign a User Agreement, regarding the use of certain online resources called "Sharepoint." As a result of TNT's request, the issue has arisen whether the County has policies in place similar to those usually found in third-party software user agreements. The concern is that if obligations imposed upon an employee by a user agreement are not also set out in County policy, then (a) County employees may be less likely to familiarize themselves with, remember, or abide by the terms of the agreement, and (b) the County may have a difficulty disciplining an employee for violating the agreement. I Given these concerns, I have drafted amendments to the current County Admin. Policy #IT-I (Computer, Email and Mobile Computing Device Use) to include provisions of the Sharepoint Site Agreement and the Sharepoint User Agreement not currently set forth in County policy. A I redline of the amended policy is attached. While the amendments have been drafted foremost to comply with the terms of the Sharepoint Site Agreement and Sharepoint User Agreement, the goal is for the policy to address security precautions as they pertain to accessing or transferring sensitive information. I cc: Mark Pilliod Erik Kropp I t Policy IT-1, Computer, E-mail and Mobile Computing Device Use Page 1 Deschutes County Administrative Policy No. IT-1 Effective Date: 11/6/06July **, 2012 COMPUTER, E-MAIL AND MOBILE COMPUTING DEVICE USE STATEMENT OF POLICY It is the policy of Deschutes County to ensure that electronic mail, internet, intranet, and County computers (County Computer Resources) within Deschutes County computer systems are used appropriately and the use is consistent with Oregon Public Records and Government Standards and Practices laws. APPLICABILITY This policy applies to all Deschutes County personnel and volunteers who use County Computer Resources. POLICY AND PROCEDURES In General Except as outlined below, Deschutes County computer equipment, including without limitation hardware, printers, PDA's, laptops, mobile computing devices, software and other electronic information technology (herein collectively "Computer Resources") are to be used only for County business. As used in this policy, references to the Information Technology Department (the “IT Department”) shall include the person or persons designated by the Director of the Road Department and the Director of 9-1-1 to perform such functions on behalf of the Road Department and 9-1-1 respectively. The County may access, enter and inspect County property and Computer Resources assigned to individual employees at any time without notice, including but not limited to computer hard drives, software, files, E-mail, etc. A County employees's use of County Computer Resources must comply with the conditions of use imposed upon the employee by any and all service agreements, user agreements or contractual agreements with commercial Computer Resource service providers., and nothing contained in this policy limits an employee’s duties or liabilities under any such agreement. However, to the extent the terms of this policy are more restrictive, or impose greater obligations upon an employee, than the terms of any such agreement, this policy shall govern. County Computer Resources are provided and shall be used to conduct County business. The County encourages authorized employees to use County Computer Resources as communications, business and research tools. These tools will allow employees to communicate with the public and other audiences, provide information about County Systems and programs, and conduct County business. County Computer Resources, including the Internet, provide access to a wide range of valid and valuable research tools and information. Policy IT-1, Computer, E-mail and Mobile Computing Device Use Page 2 The County may keep a log of employees' Internet use and E-mail. These are considered public records and, unless they qualify for legal exception, are subject to disclosure to the public. Although some information contained on County Computer Resources may be considered public records, each employee has the responsibility to ensure that employee's data maintained or accessed through a County Computer Resource is adequately protected against unauthorized access, by complying with the access controls and other security measures provided by the County. Each employee must should take prudent and reasonable steps to prohibit limit access to that employee's accounts and passwords. An employee's passwords and accounts must remain confidential to that employee, and should not be disclosed to any other person absent (a) special circumstances and (b) approval of the employee’s Department Head.and should be changed frequently. If an employee’s password is disclosed to another person in accordance with this policy, the employee must change his or her password immediately upon termination of the other person’s authorized use of the password. Passwords should not be kept in written form or in a manner that would enable access to it by another person. Passwords should be changed frequently. When changing a password, common personally -related words, such as family member or pet names, should be avoided. Each employee shall immediately change his/her password if the employee believes any unauthorized person may have gained access to the employee’s password information Any logon scripts or macros that emulate a logon and password, including allowing a web browser to “remember my credentials for this site” (or similar authorization), are prohibited and shall not be used. In the event that a Deschutes County employee becomes aware of, or suspects, that (a) any information contained on a County Computer Resource has been accessed by an unauthorized individual or otherwise compromised, or (b) any County Computer Resource security system has been breached or compromised (including, without limitation, the unauthorized disclosure or use of any password), the employee shall immediately notify his or her Department Head, Deschutes County Legal Counsel and the IT Department. No Deschutes County employee shall leave their computer or other County Computer Resource unattended and logged on in a manner that would allow unauthorized use of such Resource. Employees must avoid locating or using their Computer Resource in a manner that would allow any unauthorized person to view information displayed on the Resource’s screen. Incidental Personal Use Limited minor and incidental personal use which otherwise complies with this policy and which does not interfere with County business is permitted unless this type of use is suspended or terminated for operational or disciplinary reasons (including violation of this policy) by the employee's Supervisor or Department Head. For the limited purpose of compliance with the State Ethics Law (ORS 244.040) this incidental use is considered part of an employee's Formatted: Indent: Left: 0", First line: 0", Right: 0.08", Space Before: 0 pt, Line spacing: single Formatted: Space Before: 0 pt, Line spacing: single Formatted: Font: (Default) Times New Roman Formatted: Font: (Default) Times New Roman Formatted: Space Before: 0 pt, Line spacing: single Formatted: Font: (Default) Times New Roman Policy IT-1, Computer, E-mail and Mobile Computing Device Use Page 3 Examples of limited minor and incidental personal use would be: on non-work time (lunch, breaks and before and after regular work hours), an employee can send and receive personal E- mail, or view an Internet site to check the price of and occasionally purchase an airline ticket; make an occasional investment in his or her deferred compensation account, submit an insurance claim, or sell a used book. County Records Unless otherwise specified by written agreement, all software programs, electronic documents, and data generated and/or residing on the County computer equipment or generated by County employees or others at the direction of the County, and all County Computer Resources are County records and therefore County property. The County reserves the right to access and disclose all messages sent over the E-mail system for any purpose, including the right to disclose E-mail messages to law enforcement officials without prior notice. E-mail messages may be accessed and reviewed at any time by the Department Head, the County Administrator, the Information Technology Director or County Legal Counsel; they may also be accessed and reviewed by computer support staff for the limited purpose of providing support services. The County further retains the discretion to assert any applicable privileges and objections if a public records request or discovery request is made for any County E-mail or other information contained in the County Computer Resources. An employee desiring the County assert a privilege or objection under the Public Records law with respect to County E-mail shall notify the Department Head who in consultation with Legal Counsel shall make a final determination. All use of County Computer Resources shall comply with all federal and state confidentiality laws including, but not limited to, the Health Information Portability and Accountability Act of 1996 ("HIPAA''), and with all County policies regarding confidentiality. Acceptable Internet Use Acceptable uses of the Internet include, but are not limited to, communication or Internet activity that is in direct support of County-budgeted programs and activities. In addition, the following is a general list of acceptable County use of the Internet; it is not intended to be exhaustive: a. Communication for County purposes with other federal, state, or local government agencies, their staffs, committees, boards and/or commissions. b. Communication for job-related professional development, to increase knowledge of issues in a field or subfield of knowledge. c. The use of worldwide webs or search engines to research work-related topics. d. Any other administrative communications or activities that are in direct support of County programs. E-mail use. E-mail should be used as a tool only by County employees or other users authorized by the Department Head for County business purposes. Users should not expect privacy, but observe courtesy and good security practices. There are a variety of ways an E-mail communication can be disclosed to people other than the intended recipient. Deschutes County has the right to monitor the usage of any County Computer Resources. All E-mail sent to or from County Computer Resources are public records, whether in printed or electronic form, and are subject to Policy IT-1, Computer, E-mail and Mobile Computing Device Use Page 4 the disclosure and inspection provisions of ORS 192 as it currently exists or may from time to time be amended. E-mail, Intranet messages and downloaded files shall be retained and destroyed in accordance with retention schedules issued by the Oregon Secretary of State, Archives Division. Records may be retained either in hard copy or electronic format. If a hard copy of the E-mail message or downloaded file is printed, then the electronic version may be deleted. One version should be kept according to the applicable retention schedule and subject to the Oregon Secretary of State, Archives Division. Questions about retention of E-mail messages (or other public records) shall be directed first to the Department Head, then, if necessary, to County Legal Counsel. The intended recipient of an E-mail communication can forward information to a third party without the sender's knowledge. In addition,Deschutes County shall not be responsible for Internet or E-mail communications that are misdirected or disclosed to third parties due to human or system error, nor for communications disclosed in the course of maintaining the system or fixing a system problem, nor for communication intercepted by unauthorized individuals. E-mail should be used wisely It is appropriate to use E-mail to exchange County business- related information with colleagues, provide project updates and status reports, share meeting times and scheduling information, provide reports and information that have been requested by the other party, and let a Supervisor know of important changes and developments. If an employee receives an inappropriate E-mail, he or she should take appropriate steps to inform the sender to not send such E-mail, notify their supervisor management about the inappropriate email, forward the message to no one other than IT to block future messages from the same source if blocking is possible, and thereafter delete the message. The employee should contact the IT Department if assistance is needed. Due to the potential for disrupting employees' work County-wide E-mail broadcast (to "Everyone") should be used only in very limited situations and may not be sent without the prior approval of the Public Communications Coordinator and/or the County Administrator. All-staff E-mail may be sent without prior approval in cases of personnel announcements, Countywide outages of telephone, HVAC or other support systems, or in cases of scheduled computer maintenance that will limit access to programs and applications. All-staff E-mail will be approved when it is necessary to reach a majority of County employees regardless of work location and work hours and will be limited to messages that comply with this policy and meet all the following criteria: • The message is clearly related to County Business. • The message is of potential interest and benefit to a majority of County employees. • The message promotes events that are accessible by County employees regardless of work location and work hours. • The message does not contain a solicitation of funds for the benefit of a private party, including a private non-profit group, except for the annual United Way campaign. • The message contains information of a time or date sensitive nature that makes E-mail more reasonable than use of the County's Intranet or other means of communication. Policy IT-1, Computer, E-mail and Mobile Computing Device Use Page 5 Prudent Exercise of Judgment Employees must represent Deschutes County's best interests, with a prudent exercise of judgment in the use of County Computer Resources. This includes avoiding visiting pornographic sites or "sounding off' in public forums -- for example, chat rooms, newsgroups and mailing lists. When logged in from a site that is identifiable with Deschutes County, employees will avoid any communications or activities that are libelous, harmful to Deschutes County's reputation or are unauthorized expressions of County policies. Employees shall respect the rights of others. Employees shall not copy or distribute any copyrighted material found on the Internet. Employees are to treat all material as copyrighted, unless the author has given his or her permission for the material to be redistributed. Employees shall avoid monopolizing systems, connect time, disk space and other computer resources. The Information Technology Department shall be contacted to restore backed-up data files. All persons accessing County Computer Resources from remote locations are required to have virus checking software installed on the computer equipment used to access the County Computer Resources. The virus checking software must be operational and must be at the latest release. Unacceptable Use of County Computer Resources Employees are strictly prohibited from engaging in, or using County Computer Resources in connection with, any of the activities described below. This list is illustrative of prohibited activities and is not intended to be all-inclusive. If a prohibition exists in any applicable state or federal law, administrative rule, other administrative procedure or directive established within the employee's department, it is likewise applicable and incorporated by reference herein. While limited minor and incidental personal use is permitted, such use does not include or permit any prohibited activity. Prohibited activities: • Attempting to or circumventing, reducing, or defeating security or auditing systems of County Computer Resources or those of any other organization without prior authorization from County Legal Counsel or the IT Director. • Taking any action that attempts to or renders the user's computer equipment unusable or that interferes with another’s use of County Computer Resources including any activity around the workstation that may result in damage to any County Computer Resources. • Obtaining unauthorized access to any computer systemComputer Resource. • Using another individual's password, account or identity without explicit authorization of the individual, unless this is approved by the individuals’ Department Head,the IT Director, County Legal Counsel, or the County Administrator. Policy IT-1, Computer, E-mail and Mobile Computing Device Use Page 6 • Providing the employee's own password, access identifiers or other access to County Computer Resources, to anyone, except in special circumstances and as not authorized in advance by the employee’s Department Head. or IT Department. • Monitoring or intercepting the files or electronic communications of employees or third parties, unless this is approved by the employee’s Department Head, County Legal Counsel, or the County Administrator, law enforcement officials or as an authorized use of a particular software program (e.g., calendar management). • Engaging in illegal, fraudulent, tortuous, libelous or malicious conduct. • Downloading software off the Internet without previous authorization from the IT Department. • Except as allowed under any software license and as authorized by the IT Department, copying or downloading any software from or onto County Computer Resources. No unauthorized software or hardware is permitted on County Computer Resources. Any commercial software residing on County Computer Resources shall be purchased through an authorized vendor or otherwise lawfully obtained. Except as otherwise allowed under the software license obtained by the County, and except for backup/archival purposes, software owned by Deschutes County or installed on County Computer Resources is covered under the copyright laws and shall not be copied, duplicated, or installed on any other computer resource. • Soliciting or supporting political or religious causes or beliefs unless otherwise allowed under ORS 260.432 for elected officials. • Using County Computer Resources in a manner that would constitute or might be construed by a reasonable person to constitute an endorsement of a specific commercial entity. • Working on behalf of organizations without any professional or business affiliation with Deschutes County, or working on behalf of organizations with such affiliation but outside of the specific County business with them. • Except as expressly authorized by the Department Head, the County Administrator or the Board of County Commissioners as a matter of County concern, using County Computer Resources to solicit for non-profit or charitable activity. • Sending, printing, or storing offensive, obscene, or defamatory material. This includes initiating or circulating a report, knowing it to be false, concerning an alleged or impending fire, explosion, crime, and catastrophe or other emergency, while intending to cause public inconvenience or alarm. • Sending uninvited E-mail of a personal nature. • Visiting or viewing pornographic Internet sites, downloading pornographic materials from the Internet, sending or retrieving sexually explicit or objectively offensive messages, Policy IT-1, Computer, E-mail and Mobile Computing Device Use Page 7 cartoons or jokes, ethnic slurs, racial epithets or any other statement or image that might be construed as Harassment (as defined by either ORS 166.065 or the County's Non-harassment Policy), disparagement, libel, or discrimination based on age, marital status, sex, race, sexual orientation, national origin, disability, or religious or political beliefs. • Annoying or harassing other individuals, including any prohibited form of Harassment or forging another's identity or attempting to conceal the origin of the message in any other way. • Distributing or storing chain letters, solicitations, junk mail, spam, offers to buy or sell goods, or other non-business material of a trivial or frivolous nature. • Using County Computer Resources to play games during working hours. • Using County Computer Resources for personal financial gain or the financial gain of the user's family, or for the avoidance of personal financial detriment or the avoidance of personal financial detriment to the user's family. • Removing County Computer Resources from County premises without prior authorization from the Department Head. • Obligating the County to any subscription service (Internet, etc.) or incurring any long distance phone charges on County-paid phone lines for modem connections without approval from the Department Head or IT Director. • Purchasing computer hardware, such as printers or scanners, for use with County Computer Resources without first consulting IT to insure the hardware and its features are compatible with the Deschutes County computing environment. Mobile Computing Devices (MCDs) Mobile Computing Devices include personal digital assistants (PDAs), laptop computers, and cell phones with data access capabilities including, but not limited to Blackberrys and other smart phones, iPods, tablet PCs, and other portable electronic computer equipment. The Information Technology Department will support only those MCDs purchased and owned by the County. Support for County owned mobile computing devices includes installation, training, and interfacing to Microsoft calendaring, E-mail, tasks, and notes. MCD's owned by County employees will not be supported. Non-County owned mobile computing devices may not be connected in any way to the internal County secure network. Assistance for non-County owned mobile computing devices will be limited to providing the configuration parameters necessary to establish a connection to approved County resources. The Information Technology Department will not assume responsibility for data loss on MCDs. Use of mobile computing devices to connect to County resources must be approved by the requestor's Department Head and the Information Technology Department. Mobile computing devices are computing and data storage devices. Mobile computing device users assume all responsibility for securing their mobile computing device and its data in Policy IT-1, Computer, E-mail and Mobile Computing Device Use Page 8 accordance to the County computer usage policy, the guidelines presented in the County security training, and all federal, state, and local laws to which the data is subject. Express Waiver of Privacy Rights Employees and Volunteers should not expect personal privacy with respect to any of their activities using County Computer Resources. Deschutes County reserves the right to review any information, files or communications created, sent, used, stored, deleted, or received on its computer systems. The County has the right and the capability of restoring E-mail messages and visited internet sites that a user has attempted to delete. In exchange for the County assigning County Computer Resources to the employee and allowing the employee's use of Computer Resources, each employee expressly waives any privacy interest the employee may have in the use of County Computer Resources that is not in compliance with this policy. Enforcement. The County will investigate any alleged abuses of its computer equipment resources. As part of the investigation, the County may access the electronic files of its employees. The County reserves the right to periodically conduct system audits including the review of all files of all County computer systems to ensure proper use of its computer resources. Although the County wishes to ensure that the personal information of its employees is protected, in the course of its investigation, the County may reveal private, employee-related information to other employees. Employees violating any aspect of this policy may have their access to computer resources restricted and are subject to discipline, up to and including termination of employment. Furthermore, employees using County Computer Resources for defamatory, illegal, or fraudulent purposes, in violation of federal or state laws, or in violation of applicable terms of use imposed by a Computer Resource provider, also may be subject to civil liability and/or criminal prosecution. Other pPolicies, Laws and Agreements Other computer equipment policies may be implemented by County departments which augment this policy. Under no circumstances, however, will these other policies be less restrictive than this policy. To the extent that a County employee's use of a County Computer Resource is subject to conditions of use imposed upon the employee by any service agreement, user agreement or contractual agreement with a commercial Computer Resource provider, nothing contained in this policy shall limit an employee’s duties or liabilities under such agreement. However, to the extent the terms of such agreement are less restrictive than this policy, this policy shall govern. Nothing contained in this policy limits an employee’s duties and liabilities under Federal, State, or Local laws governing protected information, privacy protections, trademarks, patents, and other trade secret protections and laws. The Information Technology Director shall develop and annually review and update Information Security Procedures for the protection of the confidentiality, integrity and Formatted: Indent: Left: 0", Right: 1.96" Policy IT-1, Computer, E-mail and Mobile Computing Device Use Page 9 availability of County data assets. These procedures shall specifically address data access, system security and log-in controls, audit processes, physical security of computer and data resources, operational security and communications security. These procedures may be reviewed as they are updated by the County Administrator and/or the Board of Commissioners, but shall be exempt from public disclosure pursuant to ORS 192.501(23)(c), as it currently exists or may from time to time be amended. All users or County Computer Resources may be required to attend training in information security awareness. Implementation All employees including volunteers and those hired from employment agencies shall acknowledge in writing receipt of this policy and such acknowledgement shall be included in the employee's personnel file. Any questions relative to the intent or application of this policy should be directed to the County Administrator, who is delegated the responsibility to interpret and implement this policy.