Bexar County Sheriff's Office Electronic Communications Policy PDF

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number April 15, 2014 August 20, 2018 Thirty-Seven Subject Office of Primary Responsibility Elec...

BEXAR COUNTY SHERIFF’S OFFICE POLICY MANUAL Original Date Effective Date Chapter Number April 15, 2014 August 20, 2018 Thirty-Seven Subject Office of Primary Responsibility Electronic Communications Sheriff’s Administration References Enclosures None None Distribution Supersedes Reevaluation Date Pages All Sheriff’s Employees April 15, 2014 August 1, 2020 8 Approved by: Sheriff Javier Salazar 37.01 POLICY The availability and use of a personal computer within the work environment has provided many opportunities for enhanced productivity and effectiveness. If not managed properly, these technologies also afford the opportunity for rapid transfer and broad distribution of sensitive information that can have damaging effects on this agency, its members, and the public. Therefore, it is the policy of this agency that all members abide by the guidelines set forth herein when using personal computers, the services of both internal and external databases, information exchange networks, and where applicable, voicemail, mobile digital terminals, and related electronic messaging devices. 37.02 PURPOSE At the direction of the Sheriff, Chief Deputy, or Designee, all personnel of the Bexar County Sheriff’s Office (BCSO) will be permitted access to and use of electronic communications systems for business use in the performance of assigned duties. It is the purpose of this policy to provide personnel with guidance on the proper use of personal computers and related electronic messaging systems to protect BCSO employees and other personnel from illegal or damaging actions. This policy includes, but is not limited to, the use of agency email, internet services, related electronic message transmission, recording, and storage services. 37.03 DEFINITIONS A. ELECTRONIC MESSAGING DEVICE (EMD): For purposes of this policy, electronic messaging devices include personal computers, email systems, voicemail systems, paging systems, electronic bulletin boards and internet services, mobile digital terminals, and fax transmissions. B. SYSTEM ADMINISTRATOR: For purposes of this policy, the member of this agency designated with responsibility for managing all aspects of electronic messaging through individual computers and computer networks within this agency. C. PERSONAL COMPUTER: Any agency or personally owned computer that provides access to the agency or agency personnel. This includes both on and off duty usage. D. ELECTRONIC COMMUNICATIONS: Any communication, including but not limited to that which is broadcast, created, sent, forwarded, replied to, transmitted, stored, held, copied, uploaded,  downloaded, displayed, viewed, read, or printed by any electronic communications system or service. E. BCSO ELECTRONIC COMMUNICATIONS SYSTEMS: All electronic communications systems located on or transmitted through Bexar County owned and/or leased computer equipment or property. This includes, but is not limited to, computer equipment, software, operating systems, storage media, network accounts providing e-mail, internet browsing, file transfer protocol (FTP), and cell phones, all of which are the property of Bexar County. 37.04 SCOPE It is the responsibility of every computer user to know these guidelines and to conduct their activities accordingly. A. GENERAL GUIDELINES 1. BCSO electronic communications systems are to be used for the business purpose of serving the interests of the BCSO. Only a System Administrator will be allowed to reset an electronic communication device to factory setting. 2. The BCSO authorizes access to the public internet for the basic functions of email, file transfer to appropriate parties, research, and interactive terminal access, where the use of such services are necessary to accomplish the business goals of the BCSO. The BCSO has no control over content found on internet websites. Therefore, it cannot be responsible for anything the viewer may find offensive or may cause emotional distress. 3. BCSO discourages the sharing of County email addresses to web-based businesses and/or any other person(s) who may sell or misuse your email address. This action may allow for unwanted emails (e.g. pornographic sites, SPAM, and viruses). B. EMAIL SIGNATURE 1. Employees of the Sheriff’s Office are issued an email address for official internal and external communication. Each email account shall have an email signature that follows the standards for brand consistency. When we communicate electronically, we create and reinforce a professional persona. We act as representatives of our division, this agency, and this county. We reflect the values of the Sheriff’s Office. 2. In order to maintain consistency of the Sheriff’s Office image and graphic standards in electronic email communications, email signatures are to be restricted to the following. The standard fonts shall be consistent with Arial, Times New Roman, or Calibri. a. [Name] (title or rank optional) b. Bexar County Sheriff’s Office c. Unit or Section – Division d. Office (210) XXX-XXXX e. www.bexar.org/sheriff 2  3. As an option, you may also include a link to the Sheriff’s Facebook, Nextdoor, Instagram, or other official social media platforms. A small badge/patch logo may also be included. The following is prohibited: a. Very large or complicated fonts, images, photography, or clip art b. Personal quotes or slogans c. Background patterns, colors, or images 4. Official emails sent from the BCSO should always end with the following confidentiality statement: “CONFIDENTIALITY NOTICE: This electronic transmission and any attachments constitute confidential information which is intended only for the named recipient(s) and may be legally privileged. If you have received this communication in error, please contact the sender immediately. Any disclosure, copying, distribution, or the taking of any action concerning the contents of this communication by anyone other than the named recipient(s) is strictly prohibited.” C. PRIVACY 1. Personnel have no right to privacy with regard to email or internet access while utilizing BCSO electronic communications systems. The BCSO has the right to view any computer user’s email, internet access records, and all other communications and documents generated or downloaded on County-owned and/or leased computer equipment. Passwords and encryption keys must be made available to any requesting system at all times. 2. For security and network maintenance purposes, a System Administrator may monitor equipment, systems, and network traffic at any time. The BCSO reserves the right to audit networks and systems on a periodic basis to ensure compliance with this policy. 3. Personnel should be aware that any communications with a personal attorney using the BCSO electronic communications systems will constitute a waiver of attorney-client privilege and such communications would be subject to review by the Sheriff or Sheriff’s designee, Bexar County Information Technology (BCIT), and a System Administrator authorized to monitor equipment, systems, and network traffic. 4. Personal passwords should be changed every 180 days, ensuring a unique password is used each time rather than reusing a previous password. It is the expectation of the BCSO that all personnel keep user information secure and not share accounts. 5. BCIT has the authority to block or disable access to websites if determined that such access is a danger or concern to the network’s functionality or integrity. 37.05 LEGAL ISSUES PERTAINING TO THE USE OF ELECTRONIC COMMUNICATIONS A. Depending on the content, electronic communications may be subject to the right of discovery in legal actions involving the BCSO, Bexar County, or open records requests. Such electronic communications may become public knowledge through no action of the BCSO. All emails should be composed with the understanding that they may be lawfully disclosed in legal proceedings or through open records requests made by the public, as well as being easily forwarded to unintended recipients. B. Depending on the content of the electronic communication, email messages may be considered a formal record and should be retained pursuant to the BCSO record retention schedules. Individual 3  personnel are responsible for complying with the BCSO record retention policies and procedures with regard to email messages. C. To the extent an email contains information referencing policy and program development it must be retained for a period of four (4) years. Broadly, such emails include any correspondence and internal memoranda pertaining to the formulation, planning implementation, modification, or redefinition of the policies, programs, services, or projects of a local government. Although not an exhaustive list, some specific examples include communications related to policies, decision making, specific cases, contracts, an essential part of the larger record, and memorandum of specific public business. D. To the extent the email message represents correspondence and internal memorandum pertaining to or arising from the routine administration or operation of the policies, programs, services, and projects of a local government, the email message must be retained for a period of two (2) years. E. To the extent the email message represents routine correspondence and internal memoranda such as letters of transmittal, requests for publications, internal meeting notices and similar routine matters, the email message must be retained as long as it is administratively valuable. F. Email messages are similar to printed communications and should be written with the same care. G. Unless expressly permitted by this policy, all personnel should consider any other actions regarding the use of BCSO electronic communications systems prohibited. Should you have any questions, contact the Sheriff’s designee, your System Administrator, or BCIT. 37.06 GENERAL PROHIBITIONS A. No computer user shall violate the rights of any person or company protected by copyright, trade secret, patent, other intellectual property, or similar laws or regulations, including but not limited to the installation or distribution of “pirated” or other software products that are not appropriately licensed for use by the BCSO. B. The electronic communications systems provided by the BCSO are primarily for business use to assist personnel in the performance of assigned duties. Limited use of electronic communication for personal, non-work related purposes is understandable and acceptable, and all such use should be done in a manner that does not negatively affect the systems use for work-related purposes. However, personnel are expected to demonstrate a sense of responsibility and not abuse this privilege. C. Personnel shall not use any BCSO communications system in a way that is illegal, fraudulent, or malicious in a way that may be perceived as insulting, disruptive, offensive to other persons, or harmful to office morale. Examples of prohibited messages and uses include, but are not limited to, knowingly creating, sending, viewing, downloading, uploading or storing any of the following: 1. Data, pictures, jokes, reports, oral or written conversations, or any other materials that are sexually explicit or sexually oriented, explicitly violent, related to gambling or illegal weapons, or promoting terrorist activities; 2. Unwelcome propositions or love letters; 3. Ethnic, racial or sexual slurs; 4. Any message that could be construed to be harassment or disparagement of others based on 4  sex, race, age, national origin, sexual orientation, religious or political beliefs, or disability; 5. Political or religious promotion; 6. Activity on behalf of organizations having no affiliation with the business of the BCSO; or 7. Any message that could be construed as ‘Bullying’ or cause emotional distress by engaging in written or verbal expression or physical conduct. D. Accessing information of a sexual nature is expressly prohibited without prior approval from the Sheriff or Chief Deputy. This prohibition includes all aspects of sexually explicit or sexually oriented materials. Personnel requiring access to prohibited information for work-related investigative purposes must submit an approved Data Authorization Form prior to accessing said information. E. Personnel shall not use any BCSO communications system in a manner that causes or may lead to security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the computer user is not an intended recipient or logging into a server or account that the computer user is not expressly authorized to access. For purposes of this section, “disruption” includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes (spoofing). F. Internet use should not cause the BCSO or Bexar County to incur any costs in addition to the general overhead of an internet connection. The download or streaming of any forms of digital music or media is prohibited. No BCSO Electronic Communication System may be used as a streaming device with the exception of Commissioners Court Broadcast and in service of work-related functions. G. Only software installed and/or downloaded by a System Administrator or BCIT is permitted on any BCSO communications system, and program licensing is to be strictly adhered to. Any updating of currently installed software should be done by a System Administrator or BCIT. H. The removal of any approved County software installed on any BCSO workstations is prohibited. To protect the integrity of BCSO information resources, personnel shall not use personally owned software on BCSO information resources. This includes purchased and licensed applications, shareware, freeware, downloads from bulletin boards, internet, and FTP sites, and any other personally owned or controlled software. I. Computer hardware may not be installed on any Bexar County owned and/or leased equipment without authorization from the Sheriff, Chief Deputy, or System Administrator including the attachment of a personal computer or device (laptop, desktop, smartphone, etc.) to the County network. J. PERSONNEL SHALL NOT USE ANY BCSO COMMUNICATIONS SYSTEM TO: 1. Post commercial announcements or advertising material; 2. Promote or maintain a personal or private business using BCSO equipment; 3. Harass, intimidate, bully, or retaliate against any person; 4. Create a hostile, intimidating, or offensive working environment; 5  5. Transmit or copy materials in violation of applicable copyright laws or patents; 6. Introduce malicious programs into the network or server (e.g., viruses, worms, Trojan horses, e- mail bombs, etc.); or 7. Access any communications system with the intent to circumvent any system intended to protect the privacy or security of another user. K. Unless expressly permitted by this policy, all personnel should consider any other actions regarding the use of BCSO electronic communications systems prohibited. Should you have any questions, contact the Sheriff’s designee, your System Administrator, or BCIT. SOCIAL MEDIA 37.07 SOCIAL MEDIA SCOPE A. Social Media includes, but is not limited to, web-based communities, hosted services, web application, social-networking sites, video-sharing sites, wikis, blogs, mashup, listservs, folksonomies, and chat engines. A social media site allows its users to interact with other users or to change website content, in contrast to non-interactive websites where users are limited to the passive viewing of information provided to them. B. Prohibitions of social media sites and emails include, but are not limited to the following: 1. Personnel shall not access any social media sites including, but not limited to Twitter, LinkedIn, Facebook, Instagram, Pinterest, Google+, or SnapChat while using the BCSO Electronic Communication System. 2. Personnel shall not connect in any way (e.g. friend, snap, DM, etc.) with any person who is or has been an inmate at any correctional facility or detention center. If a member of BCSO has family who fits these criteria, BCSO personnel should use discretion regarding any connections with that family member(s). 3. Posting of confidential information pertaining to the BCSO at any time from any location by BCSO personnel is prohibited. Statements including, but not limited to, official duties or any activity of the BCSO from any electronic communication device without prior authorization is prohibited. These prohibitions stand regardless of online identity used or if done so anonymously. 4. Personal blogs are prohibited by any BCSO personnel on the BCSO Electronic Communications System without prior authorization. 5. Absolutely no photographs, audio, or video recordings may be released by unauthorized persons. All authorized persons releasing information must do so as allowed by law and in accordance with Chapter 39 of the Bexar County Sheriff’s Office Policy Manual. C. Exceptions to the social media policy are instances deemed necessary for the performance of job duties including, but not limited to, professional discussion between practitioners on listservs, bulletin boards, or similar applications. Such instances must be preapproved by a direct supervisor 6  and System Administrator. Information exchanged in reference to a case under discussion must be devoid of identifying demographic information. D. Personnel are strongly encouraged to show discretion involving the content, message, and information posted on their personal social media accounts. All information posted is open to the public and may be used against the BCSO employee or agency to bring discredit. Posted content that is found to be derogatory or which may have an adverse effect on the Sheriff’s Office may result in disciplinary action up to and including termination. 37.08 EXCEPTIONS TO POLICY A. EXCEPTION FOR INVESTIGATIVE PURPOSES 1. Under some work-related circumstances, it may be necessary to access information prohibited by this policy as a basis for investigation, trial preparation, or appeals. In this situation, obtaining and using data, pictures, reports, or conversations (oral and written) containing nudity or sexual content may be accessed after receiving prior authorization from the Sheriff, Chief Deputy, or Designee. 2. In order to obtain authorization, a written request must be coordinated through the Division Chief using the BCSO Data Authorization Form. B. AUTHORIZED ACCESS FOR EDUCATIONAL PURPOSES 1. Use of BCSO property for individual academic, continuing education, or professional organization membership must be coordinated through the Command Staff and System Administrator. 2. Authorization for use under these circumstances must result in no additional cost to the BCSO or Bexar County. 37.09 DISCIPLINARY ACTIONS A. Violations of this policy will be subject to prompt disciplinary action, up to and including termination of employment. Personnel accused of violations under this policy are expected to cooperate fully with all investigations, failure to do so will result in further disciplinary action. B. Illegal activities discovered by monitoring or auditing activities will immediately be brought to the attention of the Sheriff, the Chief Deputy, or the Sheriff’s designee in accordance with Bexar County Sheriff’s Office Policies and Procedures. C. Personnel should promptly report the occurrence of any unauthorized activity or any suspicious computer activity to a supervisor. The Bexar County Sheriff’s Office reserves the right to revise, supplement, or rescind any portion of this policy as necessary, in its sole and absolute discretion. 7  BEXAR COUNTY SHERIFF’S OFFICE DATA AUTHORIZATION FORM has been assigned to work on ______ case involving research of information prohibited by the Bexar County Sheriff’s Office Electronic Communications Policy beginning _______ ______. The __ ____ Division is hereby requesting authorization for an exception to the Bexar County Sheriff’s Office Electronic Communications Policy effective immediately. This authorization is valid for a period of ______. __________________________ ___ ___________________ Division Chief Signature Date ===================================================================================== I hereby authorize / deny this request for an exception to the Electronic Communications Policy. ________________________________ ___________________ Sheriff’s or Chief Deputy’s Signature Date ===================================================================================== User’s Computer Serial Number: Original: BCSO System Administrator Copy: BCSO Human Resources – Employee’s 201 File Employee’s Divison Chief 8