Agenda Item A.4
CPMS CONSENT CALENDAR
Meeting Date: June 20, 2023
____________________________________________________________ TO: Mayor and Councilmembers
FROM: Kristy Schmidt, Assistant City Manager
Matt Fore, General Services Director
CONTACT: Jennifer Jennings, Human Resources Manager
SUBJECT: Citywide Non -discrimination and Harassment Policy and Citywide Electronic Device Use Policy
RECOMMENDATION:
A. Adopt Resolution No. 23-__ entitled, “A Resolution of the Council of the City of Goleta Adopting a Citywide Nondiscrimination and Harassment Policy”; and B. Adopt Resolution No. 23-__ entitled, “A Resolution of the Council of the City of Goleta Adopting a City Of Goleta Electronic Device Use Policy For City Officials, Interns, Volunteers, and Others”.
BACKGROUND:
On May 16, 2023, Council Adopted Resolution No. 23-23 which set forth certain rules and procedures generally applicable to the members of City Boards and Commissions. This resolution included the following:
“8. Policies Against Discrimination and Harassment
Members shall comply with all provisions of state and federal law and all City policies prohibiting discrimination and harassment against a staff member or any individual who serves or does business with the City. Members will be required to read and sign acknowledgement of the City’s Non-Discrimination and Harassment Policy as a condition of service. All members will participate in mandatory harassment training.” “9. Information Technology Policies
“Members with access to City technology resources (including but not limited to hardware, software, and City accounts, including City email accounts and 3rd party website accounts created using a City email account) or who use their own technology resources in the conduct of City business shall comply with all policies related to such use. Members will be required to read and sign acknowledgement of the City’s Information Technology Policy as a condition of service.”
1 Meeting Date: June 20, 2023
Policies requiring equal employment opportunity , prohibiting discrimination and harassment (and setting forth an employee complaint procedure), and regulating the use of computer resources, are contained in the City’s Personnel Rules . However, since the Personnel Rules technically only cover employees, and given the importance of strong Non-discrimination and Harassment and Information Technology policies, it is advisable to have policies that specifically cover the City Council, members of boards, commissions and committees, interns and volunteers, and others who conduct City business.
DISCUSSION:
To ensure that the City’s interests in prohibiting discrimination and harassment, and in ensuring the integrity and security of its information technology resources, staff recommend the adoption of two policies:
Non-discrimination and Harassment Policy
The proposed Non-discrimination and Harassment Policy (Attachment 1) is similar to the policy covering employees, but is broader in that i t prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business which has a discriminatory purpose or effect related to any of the following:
race, color, national origin, or ancestry;
religion (including religious dress and grooming practices); sex (including pregnancy, childbirth, breastfeeding, or a related medical condition); gender, gender identity, gender expression, or gender transitioning status; physical disability, mental disability, medical condi tion (genetic characteristics, cancer or a record or history of cancer), or genetic information; marital or domestic partner status;
citizenship status;
age (over 40);
sexual orientation (including homosexuality, bisexuality, or heterosexuality, etc.); exercising a legally protected right to a n employment leave of absence (e.g., FMLA/CFRA family medical leave, pregnancy disability leave, lactation breaks, etc.);
status as a victim of domestic violence, sexual assault, or stalking; reproductive health dec ision-making, or any other classification protected under state or federal law.
The policy will apply to members of the City Council, all City employees, all advisory boards, commissions and committees, all interns and volunteers, all City employees, and all those who do business with, or who seek to do business with, the City of Goleta. The policy provides examples of prohibited conduct. Discrimination or harassment in the conduct of City business, when based on the abo ve protected characteristics, may include, but is not limited to, the following:
(a) Denying any person any service, or benefit, or the availability of a facility. 2 Meeting Date: June 20, 2023
(b) Providing any service or benefit to any person which is not equivalent, or is provided in a non -equivalent manner, or at a non -equivalent time, from that provided to others.
(c) Subjecting any persons to segregation or separate treatment related to the receipt of any service.
(d) Restricting any person in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit.
(e) Treating any person differently from others in determining admission, enrollment, quota, eligibility, membership, or any other requirement or condition which persons must meet in order to be provided any service or benefit. (f) Subjecting any person to unwelcome behavior of a sexual or romantic nature which creates a hostile environment for that person in conducting his or her business with the City.
(g) Subjecting any person to threatening, humiliating, or offensive behavior which creates hostile environment for that person in conducting his or her business with the City.
The policy encourages reporting of any incident of prohibited discrimination or harassment to the City and prohibits retaliation against any individual who reports discrimination or harassment in good faith or participates in the City’s investigation of such reports in good faith. This policy does provide an exception for where discrimination is based on bona fide occup ational qualifications, health and safety requirements, or benefit or program requirements, or as otherwise provided under the California Fair Employment and Housing Act.
Electronic Device Use Policy
It is important to have a policy in place for the use of City electronic devices, including cellular telephones, laptops, and tablets, etc. in order to set appropriate expectations for the use of public resources and to protect the security of information technology systems and the information contained therein.
The City may issue such devices to designated elected and appointed City officials to assist them in the efficient performance of their public duties. For example, the City issues laptops or tablets to City Councilmembers, and has issued iPads to members of the Planning Commission and members of the Design Review Board. Though it is far rarer, the City may also have the need to issue such devices on a limited basis to interns, volunteers or others , such as contractors, working on City projects. Employees are already covered by the policy contained in the Personnel Rules, so the policy proposed herein will apply to non-employees, effective July 1, 2023.
The Policy (Attachment 2) includes four main sections, summarized as follows:
Ownership: Clarifying that the devices remain City property. Issuance and Return of Electronic Device: Clarifying how long the person may generally use the device, that they must attend training before receiving it, that public records may not be deleted from it, that the City may demand return of the device at any time, and the condition the device must be returned in. 3 Meeting Date: June 20, 2023
Acceptable Uses for Electronic Device: Clarifying that it must be used for City business only and is not for personal use (though mere incidental personal use is permitted), that the user will not loan, lease, lend, or otherwise convey the device for use to non-City personnel (including family, friends, and colleagues), and that the use will be consistent with law (and specifically the Brown Act and all open meeting laws), all City policies (and specifically the City's Policies for Users and Followers of the City's Social Media Sites, attached as Attachment 3 to this report), City operations and City interests. This section also provides that the user will not download files or open or read files attached to e-mails unless they originate from a trustworthy source, modify the operating system or software, install any unapproved software or applications, or violate City software or hardware licensing requirements. Notice is provided that the City, as the owner of the device and all of its contents, reserves the right to inspect any and all files, documents, and communications stored on the electronic device upon reasonable notice.
Communications and Documents: Reinforcing that the California Public Records Act applies to use of devices, that users need to use City-issued email accounts for City business on such devices, and that all City-related documents, files, and communications are considered public records and are the property of the City. Care and Maintenance: Requiring that the user use care in the use of the device and report any issues, such as damage or loss, to the City and providing that the user may be responsible for repair or replacement resulting from negligence or misuse, or if the device is not returned to the City upon demand.
Users will be asked to acknowledge receipt of th e policy and agree to its terms and conditions when the device is issued.
FISCAL IMPACTS:
There are no fiscal impacts related to this action.
ALTERNATIVES:
Council could choose not to adopt these policies or choose to apply different terms to non-employees who conduct City business.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
4 Meeting Date: June 20, 2023
ATTACHMENTS:
1. Resolution No. 23-__ entitled, “A Resolution of the Council of the City of Goleta Adopting a Citywide Nondiscrimination and Harassment Policy”
2. Resolution No. 23-__ entitled, “A Resolution of the Council of the City of Goleta Adopting a City Of Goleta Electronic Device Use Policy For City Officials, Interns, Volunteers, and Others”
3. Policies for Users and Followers of the City's Social Media Sites 5 ATTACHMENT 1:
Resolution No. 23-__ entitled, “A Resolution of the Council of the City of Goleta Adopting a Citywide Nondiscrimination and Harassment Policy”
6 RESOLUTION NO. 23-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA , ADOPTING A CITYWIDE
NONDISCRIMINATION AND HARASSMENT POLICY
WHEREAS, the City Council of the City of Goleta is committed to maintaining an organization that promotes equal opportunity and prohibits discrimination and harassment; and
WHEREAS, the City receives financial assistance from the Federal government and other sources which prohibit discrimination; and
WHEREAS, the City’s employee recruitment policies mandate equal opportunity in employment; and
WHEREAS, Rule XVII of the City’s Personnel Rules contains a Policy Against Harassment, Discrimination, and Retaliation applicable to City employees and provides a complaint procedure for addressing perceived discrimination or harassment in the workplace, and all new employees are required to read and sign acknowledgement of that policy as a condition of employment; and
WHEREAS, pursuant to Resolution No. 23-23, the members of all City boards and commissions must comply with all provisions of state and federal law and all City policies prohibiting discrimination and harassment against a staff member or any individual who serves or does business with the City , and all members are required to read and sign acknowledgement of the City’s Non-Discrimination and Harassment Policy as a condition of service; and
WHEREAS, one of the nine citywide Key Initiatives in the City’s Strategic Plan is to “ensure equity, inclusion, and access in City programs, services, and activities”; and WHEREAS, the City of Goleta has maintained a firm commitment against discrimination and harassment since its incorporation in 2002 and the City Council wishes to reaffirm this commitment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GOLETA THAT:
SECTION 1. The City of Goleta reaffirms its ongoing commitment to equality in the conduct of City business, and prohibits any policy, plan, program, custom or practice, including harassment, in the conduct of City business which has a discriminatory purpose or effect related to any of the following:
race, color, national origin, or ancestry;
religion (including religious dress and grooming practices); sex (including pregnancy, childbirth, breastfeeding, or a related medical condition); 7 gender, gender identity, gender expression, or gender transitioning status; physical disability, mental disability, medical condition (genetic characteristics, cancer or a record or history of cancer), or genetic information; marital or domestic partner status;
citizenship status;
age (over 40);
sexual orientation;
exercising a legally protected right to a n employment leave of absence (e.g., FMLA/CFRA family medical leave, pregnancy disability leave, lactation breaks, etc.);
status as a victim of domestic violence, sexual assault, or stalking; reproductive health decision-making, or
any other classification protected under state or federal law. .
SECTION 2. Discrimination or harassment in the conduct of City business, when based on the above protected characteristics, may include, but is not limited to, the following:
(a) Denying any person any service, or benefit, or the availability of a facility. (b) Providing any service or benefit to any person which is not equivalent, or is provided in a non -equivalent manner, or at a non -equivalent tim e, from that provided to others.
(c) Subjecting any persons to segregation or separate treatment related to the receipt of any service.
(d) Restricting any person in the enjoyment of any advantage or privilege enjoyed by others receiving any service or benefit.
(e) Treating any person differently from others in determining admission, enrollment, quota, eligibility, membership, or any othe r requirement or condition which persons must meet in order to be provided any service or benefit. (f) Subjecting any person to unwelcome behavior of a sexual or romantic nature which creates a hostile environment for that person in conducting his or her business with the City.
(g) Subjecting any person to threatening, humiliating, or offensive behavior which creates hostile environment for that person in conducting his or her business with the City.
SECTION 3. This policy shall apply to members of the C ity Council, all City employees, all advisory boards, commissions and committees, all volunteers, all City employees, and all those who do business with, or who seek to do business with, the City of Goleta.
SECTION 4. The City of Goleta encourages reporti ng of any incident of prohibited discrimination or harassment to the City and prohibits retaliation against any individual 8 who reports discrimination or harassment in good faith or participates in the City’s investigation of such reports in good faith.
SECTION 5. This policy shall not abridge or diminish nondiscrimination rights otherwise extended to individuals under other local, state and federal laws and policies, including but not limited to City administrative policies and the provisions of the Goleta Municipal Code.
SECTION 6. This policy shall not prohibit discrimination based on bona fide occupational qualifications, bona fide health and safety requirements, bona fide benefit or program requirements, or as otherwise provided under California Fair Employment and Housing Act.
SECTION 7.
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2023.
___________________________
PAULA PEROTTE
MAYOR
ATTEST:
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
9 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, CITY CLERK, f the City of Goleta, do hereby certify that the foregoing Resolution No. 23 -__ was duly adopted by the City Council of the City of Goleta at a meeting, held on the 2 0th day of June 2023, by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
___________________________
DEBORAH S. LOPEZ
CITY CLERK
10 ATTACHMENT 2:
Resolution No. 23-__ entitled, “A Resolution of the Council of the City of Goleta Adopting a City Of Goleta Electronic Device Use Policy For City Officials, Interns, Volunteers, and Others”
11 RESOLUTION NO. 23-__
A RESOLUTION OF THE COUNCIL OF THE CITY OF
GOLETA, CALIFORNIA, ADOPTING A CITY OF GOLETA
ELECTRONIC DEVICE USE POLICY FOR CITY
OFFICIALS, INTERNS, VOLUNTEERS, AND OTHERS
WHEREAS, the Goleta City Council is committed to ensuring the proper use and security of the City of Goleta ’s information technology resources in order to protect the integrity of such resources and the sensitive information of all of those who live, work or do business with and within the City; and
WHEREAS, the City may issue electronic devices, including cellular telephones, laptops, and tablets, to designated elected and appointed City officials, employees, interns, volunteers or others to assist them in the efficient performance of public duties, providing cost savings to the City, and improving service to the public; and WHEREAS, Rule XIX of the City ’s Personnel Rules contains an Information Systems Policy applicable to all employees and , as a condition of using the City ’s computer resources, employees must sign an Information Systems Use Policy Acknowledgement; and
WHEREAS, pursuant to Resolution No. 23-23 the members of all City boards and commissions with access to City technology resources or who use their own technology resources in the conduct of City business must comply with all policies related to such use and are required to read and sign acknowledgement of the City ’s Information Technology Policy as a condition of service; and
WHEREAS, the City Council wishes to set forth an electronic device use policy for City officials, unpaid interns, volunteers, and others who may use City electronic devices.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF GOLETA THAT:
SECTION 1. The Information Technology Policy attached hereto as Exhibit “A” shall apply to members of the City Council, to the members of all advisory boards, commissions and committees, employees, interns and volunteers, and others who are issued a City-owned electronic device, except those covered under Section 2 of this Resolution.
SECTION 2. This policy will not apply to employees covered by the Information Systems Policy in Rule XIX of the City’s Personnel Rules.
SECTION 3. The effective date of the policy set out in Exhibit "A" shall be July 1, 2023.
12 SECTION 4.
The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 20th day of June, 2023.
___________________________
PAULA PEROTTE
MAYOR
ATTEST:
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
13 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, CITY CLERK, f the City of Goleta, do hereby certify that the foregoing Resolution No. 23-__ was duly adopted by the City Council of the City of Goleta at a meeting, held on the 2 0th day of June 2023, by the following roll call vote of the City Council:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
___________________________
DEBORAH S. LOPEZ
CITY CLERK
14 CITY OF GOLETA ELECTRONIC DEVICE USE POLICY FOR CITY OFFICIALS, INTERNS, VOLUNTEERS AND OTHERS
Last revised May 12, 2022
CITY OF GOLETA
ELECTRONIC DEVICE USE POLICY
FOR CITY OFFICIALS, INTERNS, VOLUNTEERS, AND OTHERS
Your signature below verifies that you have read, understand and agree to comply with the electronic device use policy (“Policy”) set forth below.
1. PURPOSE
The City may issue electronic devic es, including cellular telephones , laptops, and tablets, to designated City officials (elected and appointed), interns, volunteers or others to assist them in the efficient performance of public duties, pro viding cost savings to the City, and improving service to the public.
2. OWNERSHIP
The electronic devices are City -owned property. You acknowledge that you have no ownership, interest, right, or title to the electronic device.
3. ISSUANCE AND RETURN OF ELECTRONIC DEVICE
a. An electronic device shall only be available to you during your term or tenure as an official, intern, volunteer, or employee of the City. The City Manager or the City Manager’s designee may establish a shorter period of available use.
b. You acknowledge that you have received tra ining from the City on use of the electronic device , including the City’s Cyberse curity Awareness and Training Standard . An electronic device will not be issued until said training is completed.
c. At the conclusion of your term or t enure, you must return the electronic device to the City in a substantially similar condition as when it w as issued, normal wear and tear excepted.
d. You will not wipe, e rase, or eliminate any public data, documents, or information prior to the electronic device’s return. This will ensure that no public records are eliminated and any public records are transfe rred to appropriate City computers or storage. After the transfe r of any public records, the electronic device will be wiped clean and all data and information will be erased by the City.
e. The City reserves the right to demand the immediate return of the electronic device for any reason. You will comply with all demand s from the City for return of the electronic device.
15 CITY OF GOLETA ELECTRONIC DEVICE USE POLICY FOR CITY OFFICIALS, INTERNS, VOLUNTEERS AND OTHERS
Last revised May 12, 2022
4. ACCEPTABLE USES FOR ELECTRONIC DEVICE
a. The City authorizes use of the electronic device solely in a manner that is consistent with this Policy and all City policies and laws.
b. You will use the electronic device only in your official capacity and only for City-related purposes (e.g. to r eview agendas, meeting materials, research relevant topics, obtain information for City -related business, and conducting business communications as appropriate).
c. You will not use the electronic device for personal use , mere incidental use excepted.
d. You w ill use the electronic device in compliance with all laws and City ordinances and policies. Your use of th e electronic device shall not be inimical to City operations or interests.
e. You will not use the electronic device in any manner as to expose the City to liability.
f. You shall not download files from sources which may be untrustworthy and shall not open and read files attached to e -mails unless they originate from a trustworthy source. You may be held responsible for any breaches of security resulting from breach of this Policy.
g. You shall not modify the operating system or software in any manner that will impact the electronic device.
h. You shall not install any unapproved software or applications.
i. The City is the sole licensee of the software inclu ded with the electronic device. Any copying, modification, merging, or distribution of the software is prohibited. You are responsible for complying with any and all hardware, software, and service provider licensing agreements, terms of use, and applicable s tate and federal copyright and other intellectual property protections. Violation of any such license, terms, or laws shall constitute a violation of this Policy.
j. The City is the electronic device administrator and owns, controls and manages all files, documents, communications, and downloads stored on the electronic device. In order to ensure compliance with this Policy, the City reserves the right to inspect any and all files, documents, and communications stored on the electronic device, upon reasona ble notice to you.
16 CITY OF GOLETA ELECTRONIC DEVICE USE POLICY FOR CITY OFFICIALS, INTERNS, VOLUNTEERS AND OTHERS
Last revised May 12, 2022
k. The City will not reimburse you for the costs of downloaded applications or data charges without the prior approval of the City Manager.
l. You shall not loan, lease, lend, or otherwise convey the electronic device for use to non-City personnel, including family, friends, and colleagues.
m. Your use of the electronic device must comply with the Ralph M. Brown Act and all open meeting laws.
n. You acknowledge that you have read and will comply with the City’s “Policies for Users and Followers of the City’s Social Media Sites.”
5. COMMUNICATIONS AND DOCUMENTS
a. You acknowledge that the California Public Records Act and any applicable implementing policies apply to your use of the electronic device.
b. When communicating or conducting City business using the electronic device, you must use your City-issued email address.
c. You acknowledge that all City -related documents, files, and communications are considered public records and are the property of the City.
6. CARE AND MAINTENANCE
a. You must handle the electronic device with the necessary care to prevent damage to the device.
b. You shall notify the City of any status changes to the electronic device such as breakdowns, damage, destruction, or vandalism.
c. You may be respons ible for the cost of repair or r eplacement of the electronic device if damage or loss is due to your negligence or misuse.
d. You shall notify the City immediately but in no case later that 24 hours if the electronic device is lost or stolen and must cooperate with all investigations by the City or, if necessary, law enforcement.
e. You should regularly clean the electronic device and ensure that it is not exposed to conditions that are detrimental to the de vice, such as extreme heat, cold, and moisture.
f. You shall be responsible for replacement costs of the electronic device if it is not returned to the City in accordance with this Policy. 17 CITY OF GOLETA ELECTRONIC DEVICE USE POLICY FOR CITY OFFICIALS, INTERNS, VOLUNTEERS AND OTHERS
Last revised May 12, 2022
8. NOTICE
a. The City’s Electronic Device System Administrator is the City ’s General Service Manager, or his or her designee, including the City’s contracted information technology service provider.
b. Any notice to City required hereunder shall be made by emailing [email protected]
I acknowledge receipt of this policy and agree to its terms and conditions.
NAME: ____________________________________ Date: ___________________ [POSITION HELD]
18 ATTACHMENT 3:
Policies for Users and Followers of the City's Social Media Sites
19 20
21 22
23 24
25 26
27 28
29 30
31