CITY OF SEBASTOPOL CITY COUNCIL
AGENDA ITEM REPORT FOR MEETING OF March 18,2025
To: Honorable Mayor and City Councilmembers
From: City Clerk Mary Gourley
City Attorney Alex Mog
:::,=r=1============11r:T:::l::Y:::"::T:::ill========================================= RECOMMENDATIONS:
That the City Council discuss and consider approval of City Council Protocols and Procedures: Policy Number 11" - Electronics Device and incorporate the Policy into the City Council Policies and Procedures Handbook EXECUTIVE SUMMARY:
The current policy allows for use of a personal portable device (such as laptop or iPad) as noted below:
. Councilmembers frequently perform position related tasks that require connecting to city-provided resources, systems and/or email. ln support of these tasks, Councilmembers may wish to use their own portable device. ln the event that a Councilmember does not wish to receive and access the agenda materials electronically, a paper copy of the agenda packet will be provided.
. City Councilmembers who use their personal electronic device will receive monetary reimbursement of 5600.00 once per term. Reimbursement will be included and processed by the City of Sebastopol Administrative Services Department upon request from Councilmember verifying use of personal device.
During the Fiscal Year FY 24 25 budget, the City allocated funding for the purchase of City laptops for City Councilmembers. Utilizing City issued laptops ensures ongoing security practices, mitigates the risks of data breaches, insidious malware attacks, opportunistic theft, and a myriad of other security threats. Uniform devices enable lT to easily deploy necessary software, applications, and updates. To enhance risk management, the City lT will continue to utilize effective strategies for safeguarding City issued laptops enabling greater security in shielding the City's data from harm such as routine updating of programs and dual factor authentication as examples.
BACKGROUN D AND DISCUSSION :
At the December 3,2024 City Council meeting, the Council reviewed the amended protocols presented by staff but did not support the request and directed the following:
The Council was in consensus to support
Use of personal devices as well as city issued devices
Retaining SOOO stipend for Councilmembers using personal devices lncorporate training from lT into the policy
Item to return to a future City Council meeting
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A copy of that report is attached for reference.
Since that meeting, the City has reached out to the City's Risk Management Agency (CIRA) who has stated the following: "There are definitely risk management concerns with onyone using a personal computer for City-related business. The most obvious one is the security risks. Personal devices often lack the same robust security melsures found in City-issued equipment. They're more vulneroble to malwore, ronsomwore, and other cyber threats, Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
especially when connecting to unsecured Wi-Fi networks. Personal devices don't always get timely updates, exposing them to known vulnerabilities.
Another concern is data privacy and compliance, especially when sensitive information (like closed-session items) is stored on personal devices. It raises the chances of data breaches or accidental leaks, particularly since the City has fess control over how folks manage their personal devices. Incident response can also be a challenge. Forensic analysis and breach mitigation are Jar more complicated when personal devices are involved, and it would be difficult for the City to require folks to turn over their devices for investigations. On a practical level, personal devices might not meet the City's standards, which can cause compatibility problems.
We highly recommend using City-issued devices. If that won't work, please consider using a well-defined "Bring Your Own Device" type of policy. A good policy should include clear security protocols and regular cybersecurity training."
Staff Analysis:
City staff has researched other cities for a Bring Your Own Device Policy as well utilizing the example received from CIRA. As stated in the last agenda item report, most cities issue City issued equipment. However, City staff has prepared a new electronics device policy for Council consideration based upon the discussion and direction from the December 3, 2024 City Council Meeting.
These protocols are not intended to supersede any existing statutes or regulations. Even once approved, protocols may be amended by a majority vote of the Council Members. In the event of any conflict between protocols and applicable state or federal law, the applicable federal law, state law or our own City Municipal Code shall control.
FISCAL IMPACT:
There is no fiscal impact with adoption of this protocol; but there will be IT Vendor and City staff time to work with Council members on their personal devices to ensure they meet the Policy.
RESTATED RECOMMENDATION:
That the City Council Adopt the Resolution Adopting the new Electronics Policy; incorporating it into the City Council Protocols and Procedures Handbook; and rescinding the former policy.
CITY COUNCIL OPTIONS:
1. That the Council not approve the new policy and approve the current policy with edits as follows:
o Included Training into the Policy (Provided by CIRA)
2. That the Council not approve the new policy and provide direction to staff for further amendments ATTACHMENTS:
Staff Report from November 19, 2024/December 3, 2024
Proposed new Electronics Policy
APPROVALS:
Department Head Approval: Approval Date: 3-10-2025
CEQA Determination (Planning): Approval Date: 3-10-2025 This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines.
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
Administrativeservices(Financial): ApprovalDate: 3-10-2025 Costs authorized in Citv Aoproved Budget: ! Yes tr No EI N/A Account Code (f applicable)
City Attorney Approval Approval Date: 3-10-2025
City ManagerApproval: Approval Date: 3-10-2025
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
Attachment Number: 1
Staff Report from November
19th 2024/December 3rd 2024
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CITY OF SEBASTOPOL CIW COUNCIL
AGENDA ITEM REPORT FOR MEETING OF November 19,2024 /Moved to December 3,2024 CC Meeting To: Honorable Mayor and City Councilmembers
From: Ad Hoc Committee for City Council Protocols and Procedures Subject: Approval of:
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RECOMMENDATIONS:
That the City Council discuss and consider approval of City Council Protocols and Procedures: Policy Number 1l- - Electronics Device.
EXECUTIVE SUMMARY:
The purpose of protocols is to set forth policies and provisions, including rules of decorum beyond those required by state law. Completion of a City Council Procures and Protocols Handbook will establish protocols to provide an effective environment for the City Councilto provide leadership to ensure that the business of the City is conducted in an orderly and efficient manner to facilitate sound City Council and public deliberation and decision making. Completion of this Handbook is intended to accomplish two goals: First, the handbook will be an informational guide for anyone doing business or appearing before the City Council. Second, the handbook will be a compilation of Procedures and Protocols that have been formally adopted by Council Resolution rather than separate resolutions and policies.
BACKGROUND AND DISCUSSION :
The Ad Hoc Committee has been preparing on an ongoing basis protocols and procedures as directed at the September 17,2024 City Council Meeting.
Since that meeting, the City Council has received and approved the following policies:
L City Council Policy Number 1" Selection of Mayor
2. City Council Policy Number 2 Selection of Vice Mayor
3. City Council Policy Number 3 Roles of Mayor and Vice Mayor
4. City Council Policy Number 4 Seating Selection
5. City Council Policy Number 5 Trainings
6. *City Council Policy Number 6 Agenda Review Committee Guidelines for City Council Agenda Preparation and Placement of ltems on an Agenda; and
7. *City Council Policy Number 7 Rules of Conduct of lts Meetings, Proceedings and City Business *ltems are on Consent Calendar tonight for approval.
The Ad Hoc Committee is also presenting Amendment to the City's Electronic Device Policy The current oolicv allows for use of a oersonal oortable device I su ch as lanton or load) as noted below as well moneta rv rei m bu rsement:
Councilmembers frequently perform position related tasks that require connecting to city-provided resources, systems and/or email. ln support of these tasks, Councilmembers may wish to use their own portable device. ln the event that a Councilmember does not wish to receive and access the agenda materials electronically, a paper copy of the agenda packet will be provided.
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Councilmembers who use their personal electronic device will receive monetary reimbursement as follows:
Tablet Reimbursement - 5600,00 once per term. Reimbursement will be included and processed by the City of Sebastopol Administrative Services Department upon request from Councilmember verifying use of personal device During the Fiscal Year FY 24 25 budget, the City allocated funding for the purchase of City laptops for City Councilmembers. Utilizing City issued laptops ensures ongoing security practices, mitigates the risks of data breaches, insidious malware attacks, opportunistic theft, and a myriad of other security threats. Uniform devices enable lT to easily deploy necessary software, applications, and updates. To enhance risk management, the City lT will continue to utilize effective strategies for safeguarding City issued laptops enabling greater security in shielding the City's data from harm such as routine updating of programs and dualfactor authentication as examples.
The policy has been amended to remove monetary stipend for purchase of personal computer and includes the requirement for training such as cyber security training, phishing training, etc.
The policy is attached for Councilapprovaland rescinds all resolutions or policies in conflict whereof.
STAFF ANALYSIS:
Certain state laws and other established regulations exist which govern the various responsibilities of the City Council.
These protocols are not intended to supersede any existing statutes or regulations, but policies included will increase their value as a tool for new Council Members as well as new Mayors or Vice Mayors as there will be clear and concise processes. Even once approved, protocols may be amended by a majority vote of the Council Members. ln the event of any conflict between protocols and applicable state orfederal law, the applicable federal law, state law or our own City Municipal Code shall control.
Staff has researched other cities and found that most cities furnish City laptops to Councilmembers.
Staff recommend the Council approve Policy Number 11, Electronic Device Policy COMMUNITY OUTREACH:
This item has been noticed in accordance with the Ralph M. Brown Act and was available for public viewing and review at least 72 hours prior to scheduled meeting date. The City has also used social media to promote and advertise the City Council Meeting Agenda ltems.
FISCAL IMPACT:
There is no fiscal impact associated with Council review RESTATED RECOMM ENDATION :
That the City Council Approve the following policies:
. City Council Policy Number 11- - Electronic Device
CITY COUNCIL OPTIONS:
lf the Council does not approve the recommendation above, the Council has the option to:
r Remove this item from the consent calendar for discussion and directlon to staff a
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Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
ATTACHMENTS:
Attachment Number l"
Attachment Number 2
City Council Policy Number 1"1- Electronic Device- Clean Version City Council Policy Number 11- Electronic Device - Red Line
APPROVALS
Department Head Approval: Approval Date: 1"1,-12-2024
CEQA Determination (Planning): Approval Dale: 1"1--12-2024 This action is exempt from the California Environmental Quality Act (CEQA) because it is not a project which has a potentialfor resulting in either a direct physicalchange in the environment, or a reasonably foreseeable indirect physical change in the environment, pursuant to CEQA Guidelines.
Administrative Services (Financial) Approval Dale: 1-1--12-2024 Costs authorized in Citv Approved Budset: M Yes tr No tr N/A Account Code (f applicable)
City Attorney Approval Approval Date: 1-1--12-2024
City Manager Approval: Approval Dale: 1-1--12-2024
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CITY COUNCIL POLICY NUMBER 11
ELECTRONIC DEVICE
PURPOSE:
Use of a personal Electronic(s)(defined as laptop ortablet)willassistthe Councilmembers in the efficient performance of their duties as Councilmembers and thereby improve their service to the public. The use of Electronic(s), hereby referred to as "device" reduces paper and photocopying costs. This policy is adopted by the City Council and constitutes its mutual statement of what are, and are not, appropriate uses for this important technology tool and its care and maintenance.
This policy does not attempt to cover every situation that may arise in connection with the use of the device The Council acknowledges that only the City e-mail accounts or drop box or other similar application will be used to conduct City business and that the City will no longer provide paper meeting packets to City Council.
Electronic equipment use is for the accomplishment of business-related tasks and for conducting City business only.
Current laws as referenced in the Public Records Act and the City's Records Retention Policy shall be adhered to at all times.
The City will provide a device for City Councilmembers and City lT shall only provide support for City issued device.
Receipt of the Device
The Administrative Services Department (Responsible Department for lT Services) will issue Councilmembers a City furnished device, including charging cables, and a cover or case, keyboard and styluses. Any additional accessories, such as screen protectors, cables or adapters, shall be at an individual Councilmember's own expense and shall remain the property of the Councilmember at the end of the Councilmember's term and service. Councilmembers shall receive separate City provided email accounts. A "drop box" or similar application will also be downloaded onto the device and shall be used to send Councilmembers official City documents, including, without limitation, City Council agendas, staff reports, and packets as well as for Councilmembers to send e-mails relating to City business.
Care of the Device
Each Councilmember is responsible for the general care of the device that he or she has been issued. The device must remain free of any writing, drawing, stickers or labels that are not the property of the City.
Only a clean, soft cloth should be used to clean the screen. Device that malfunctions or is damaged must be reported to the Administrative Services Department (Responsible Department for lT Services). The City will be responsible for repairing a device that malfunctions. lf the Electronic(s) is stolen or lost, the City Councilmember will be responsible for replacing the Electronic(s) if the Councilmember's device has previously been lost or stolen within the prior two (2) years.
The Councilmember should report immediately to the Administrative Services Department (Responsible Department for lT Servlces) if the device has been damaged, lost, or stolen. Damage includes, but is not limited to, broken screens, cracked plastic pieces, and inoperability. lf the cost of repairing the device exceeds the cost of purchasing a new device, the City may choose to repair or replace the device at the City's cost and at its sole discretion.
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City Council Meeting Packet for Meeting of: March 18, 2025
Councilmembers agree that the device will not be shared with other individuals or family members, due to the business use of the device (potential access to city e-mail, etc.).
Councilmember agrees to delete any sensitive business files that may be inadvertently downloaded and stored on the device through the process of viewing e-mail attachments.
Software on the Device
For Citv Furnished Devices:
The software and applications installed by the City must always remain on the device in usable condition and be readily accessible. From time to time, the City may add or upgrade software applications for use by City Council such that City Council may be required to check in their devices with the Administrative Services Department (Responsible Department for lT Services) for periodic updates and synching. Any software, email messages or files downloaded via the lnternet into the City systems become the property of the City and may only be used in ways that are consistent with applicable licenses, trademarks or copyrights. lf technical difficulties occur or illegalsoftware is discovered, the device will be restored from backup. The City does not accept responsibility for the loss of any software or documents deleted due to a re-format and re-image.
The Electronic(s) are wireless devices that require over the air access to downloading the agenda packets, send and receive e-mail and access the lnternet. Safeguards will be in place for security of the wireless access and security of the device.
City issued devices may be connected to the City's secured Wi-Fi Network and computer network.
Councilmembers are prohibited from connecting personal electronic devices to the City's secured Wi-Fi Network and computer network. Councilmembers may connect their personal electronic devices to the City's public Wi-Fi Network.
Acceotable Use
The device, wireless feature and e-mail access provided are tools for conducting City business. Thus, City Council use of such tools will be solely for City business related purposes. All of the City's computer systems, including the device, are considered to be public property. All documents, files and e-mail messages created, received, stored in, or sent from any City device are considered public records, subject to disclosure to the public pursuantto the California Public Records Act (with only limited exceptions), and are considered the property of the City Sebastopol. City Councilmembers shall not use the Electronic(s)s for personal business, or any other purpose not related to City business.
All existing City policies will continue to apply to a Councilmember's conduct on the internet and in the use of e-mail. A Councilmember's use of the device could constitute actions on behalf of the City and thereby expose the City to risk of liability. City Council shall not use the device in any way as to violate the public meeting requirements of the Brown Act.
The City's lT resources, including all hardware, software, equipment, networks, and infrastructure, are provided for the exclusive purpose of conducting City business, enhancing efficiency and better serving the public interest. Management of these assets, as well as management of the City's lT consultants, is the responsibility of the Administrative Services Director. The City's lT consulting firm and/or its employees may be referred to as the City's "network administrator".
All messages, files, and user actions are subject to monitoring. No right of ownership or expectation of personal privacy is expressed or implied. City lT resources are not for personal use; users should refrain from Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
using the City's lT resources for personal uses such as transmitting, saving, or storing personal files, photos, music or other data, sending and receiving personal email messages, or other non-work related internet activities.
Compliance with Brown Act and Public Records Act
The use of Electronic(s) by members of the City Council, who are subject to the Brown Act, during the public meeting of the body shall be limited as prescribed in this policy and applicable law.
Use of electronic device by members of the City Council, who are subject to the Brown act, during public meetings of the body shall comply with the requirements of all applicable laws and City policies, including the requirements of Article l, section 3, subdivision (b), paragraph 1of the California Constitution, the california Public Records Act (Government code$$ 6250-6276.48), the Ralph M. Brown Act (Government CodeSS 54950-54963), due process rights of interested parties in City legislative body proceedings, and the following City policies and procedures.
Members of City Council, who are subject to the Brown Act, may not use Electronic(s) devices at public meetings of the body in any manner or for any purpose prohibited by law or City policy. ln particular, but without limitation, electronic communications and data devices may not be used at public meetings by City legislative body members in any of the following ways:
ln violation of the requirements of the Ralph M. Brown Act, such as by sharing communications among a majority of the legislative body privately and separate from the public discussion at the meeting.
ln violation of the requirements of the California Public Records Act, such as bytransmittingto a majority of the legislative body information connected with a matter subject to consideration at the meeting, which information is not available to the public. ln violation of due process rights of interested parties at adjudicatory hearings, such as by consideration of information not a part of the hearing record, or by use of an electronic communications or data device so as to result in inattention to the record and/or proceedings before the body.
ln addition to the restrictions on the use of electronic communications and data devices by City Councilmembers under the Ralph M. Brown Act, the California Public Records Act, and the due process guarantees under the U.S. and California Constitutions, members of the City legislative bodies subject to the Brown Act may not, during a meeting of the body, receive electronic communications from, or send electronic communications to any person (including, but not limited to, members of the public, City staff, other legislative body members, and parties to City proceedings).
All writings (documents, emails, etc.) produced, received, or stored on electronic communication and data devices are subjectto release underthe Public Records Act, including records on devices owned bythe Councilmember.
Security
Electronic Devices will be password protected. City Councilmembers are responsible for maintaining adequate and secure passwords for the Electronic(s). For City Furnished Devices, passwords shall be provided to the Assistant City Manager/City Clerk within 3 days of receipt of the Electronic(s). Password shall be kept confidential. lf a City Councilmember is "locked out" of the Electronic(s)and the device cannot be a
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City Council Meeting Packet for Meeting of: March 18, 2025
unlocked, the memory may need to be erased to restore and reset the device California law requires that certain information be treated as confidential and not be distributed to others inside or outside the City who do not have authorization to view such information. Councilmembers may occasionally receive confidential electronic information. Some examples of confidential information are:
personnel records, internal investigations, information relating to litigation, negotiations, or information relating to confidential real estate negotiations. When Councilmembers receive confidential information, it should be marked "Confidential lnformation" to alert recipients to the nature of the information.
Additionally, Councilmembers shall exercise caution in sending confidential information by ECommunication as compared to written memoranda, letters or phone calls, because of the ease with which such information can lose confidentiality by inadvertent or intentional diversion or retransmission by others.
Councilmembers shall not disclose the confidential communications or materials to any unauthorized person unless directed by City Administration or City Administration representatives.
Questions as to whether a document is required to be retained under the Public Records Act or whether an E-Communication is confidential should be referred to the City Attorney's Office.
Electronic records and data should be handled the same as non-electronic records. All rules and procedures for public records requests applyto electronic records and data transmitted electronically Public Resource:
Use of a City-issued Electronic(s) is considered to be a use of public resources. City Councilmembers shall not use the devices for personal business, or any other purpose not related to City business. City Council shall not use City issued devices to deliberately propagate any virus or other hostile computer program or file, to disable or overload any computer system or network, or to circumvent any system intended to protect the privacy or security of another user,
Electronic(s)s are issued to the City Council and are for work-related communications. The Councilmember acknowledges that he/she has no expectation of privacy in the use of or in the material content contained within such device and the Councilmember expressly agrees that the City may at any time retrieve, audit and disclose the contents of all communications originating from or received by a City owned device including, but not limited to e-mails.
lmproper Use:
Prohibition Against Harassing, Discriminatory and Defamatory Use: As set forth more fully in the City's policy against harassment, the City does not tolerate discrimination, disparagement or harassment based on gender, pregnancy, child- birth (or related medical conditions), race, color, religion, national origin, ancestry, age, physicaldisability, mentaldisability, medicalcondition, maritalstatus, sexualorientation, political beliefs, family care or medical leave status, veteran status, or any other status protected by state and federal laws. Under no circumstances may a member of a City legislative body use a City Electronic(s) to transmit, receive, or store any information that is discriminatory, harassing, or defamatory in any way (e.g., sexually explicit or racist messages, jokes, or cartoons).
Prohibition Aeainst Violatins Coovright Law:
Members of City legislative bodies must not use a City Electronic(s) to copy, retrieve, forward or send copyrighted materials unless the user has the City's and the author's permission or is accessing a single copy only for the user's reference for City-related work.
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
Members of City legislative bodies may not use a City Electronic(s) for any illegal purpose, in violation of any City policy, in a manner contrary to the best interests of the City, in any way that discloses confidential or proprietary information of the City or third parties, for the conduct of non-City business, to solicit or proselytize others for commercial ventures, religious or political causes, election related activities, or for other purposes not related to the User's duties with or responsibilities to the City.
Return of Device
For City Furnished Devices: City Councilmembers shall return their device to the Administrative Services Department (Responsible Department for lT Services) when the individual Councilmember's term and service on the City Council has ended. Upon return of the device to the City and following the preparation of any appropriate backup files, the device will be wiped clean of any and all information at the end of Councilmembers term and service.
Compliance with Policv
The City reserves the right to inspect any and allfiles stored on devices that are the property of the City in order to ensure compliance with this policy. City Councilmembers do not have any personal privacy rights in any matter created, received, stored in, or sent from any City issued device, and the City Council shall institute appropriate practices and procedures to ensure compliance with this policy.
City Councilmembers will be required to sign the certification statement below acknowledging the understanding of and compliance with this policy,
Trainings:
All Councilmembers must take annual cybersecurity awareness training, while newly installed Councilmembers must take mandatory training within 30 days of installation as a newly appointed City Councilmember and then annually thereafter. Councilmembers may be required to take additional training as directed by the Administrative Services Department.
Training shall be initiated by the Administrative Services Department.
General Policv:
City Administration will cease to print Agenda Packets in hard copy for Councilmembers. City Councilmembers who use an electronic device may request printed hard copies of certain agenda reports or packet materials at their own expense. Prints of large documents such as maps will be provided by the Responsible Department to the City Council separate from the agenda packet.
The Administrative Services Department (Responsible Department for lT Services) will serve as the primary staff support for the general use of the device and the applications; will provide procurement services and technical support for users of City furnished devices; and will provide training to City Councilmembers on the use and care of the Electronic(s).
The replacement schedule for the device is 4 years. Any replacement or upgrade required prior to that time will be paid from City budget. City Councilmembers will be notified by e-mail when the agenda packet is available for download. The packet may be downloaded from any location where the user has a wireless con nection.
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City Council Meeting Packet for Meeting of: March 18, 2025
PERSONAL ELECTRON IC DEVICE AGREEM ENT
l, the undersigned City Councilmember of the City of Sebastopol have been provided a copy of the City of Sebastopol Electronic(s) Device Agreement Policyand understand its contents. I Understand that any personal use of the Electronic(s) may be subject to possible review in the context of a public records request or questions regarding or abuse. I further understand that the use of a City-issued Electronic(s) is considered to be a use of public resources and, therefore, is prohibited from being used for campaign activities, other personal use or other purposes which are not authorized by law. I also agree that City lT support will be providedforCityissueddevicesonly. lfullyacceptandunderstandthetermsofthepolicyandagreeto abide by all terms contained in it.
Signature
City Councilmember
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CITY COUNCIL PROTOCOLS
ELECTRONIC DEVICE
CITY COUNCIL POLICY NUMBER 11
ADOPTED BY THE CITY COUNCIL AT THEIR CITY COUNCIL IVIEETING OF NOVEMBER 19,2024 CITY COUNCIL POLICY NUMBER 11
ELECTRONIC DEVICE
PURPOSE:
Use of a personal Electronic(s) (defined as laptop or tablet) will assist the Councilmembers in the efficient performance of their duties as Councilmembers and thereby improve their service to the public. The use of Electronic(s), hereby referred to as "device" reduces paper and photocopying costs. This policy is adopted by the City Council and constitutes its mutual statement of what are, and are not, appropriate uses for this important technologytool and its care and maintenance.
This policy does not attempt to cover every situation that may arise in connection with the use ofthe device. The Council acknowledges that onlythe City e-mail accounts or drop box or other similar application will be used to conduct City business and that the City will no longer provide paper meeting packets to City Councll. Electronic equipment use is forthe accomplishment of business-related tasks and for conducting Citv business onlv Crrrrent laws as referenced in the Public Records Act and thp Citv'c Records Rctention Policv shall be adhered to at all times.
The City will procure a device for Citv Councilmembers and Citv lT shall onlv provide support for Citv issued device. eesin8-erreimburse the Geuneilmember fer persenal deviee use, tapteps er Tablets furnished bY the €ity 1) paperless meeting paelcet, 2) reeeiving and "ending eity e maili and 3) rnterneFaeeess fer eitY k
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te usetheir ewn pertable deviee, ln the event that a €euneilmember dees net wish te reeeive and aeeess the-agenda materials eleetrenieally; a paper eepy ef the agenda paeket will be ++ste whieh the agenda-paeket pertains te meetrpe'ting requirements=" Seetie+€-Recei ot of the Device
The Administrative Services Department (Responsible Department for lT Services) will issue Councilmembers v+he+eqcesla City furnished device;tJ+e{el.1e+4+g+-devke, includins charging cables, and a cover or case, keyboard and styluses. Any additional accessories, such as screen protectors, cables or adapters, shall be at an individual Councilmember's own expense and shall remain the property of the Councilmember at the end of the Councilmember's term and Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CIry COUNCIL PROTOCOLS
ELECTRONIC DEVICE
CIry COUNCIL POLICY NUMBER 11
ADOPTED BY THE CITY COUNCIL AT THEIR CITY COUNCIL MEETING OF NOVEMBER T9,2024 service. Councilmembers shall receive separate Citv provided email accounts. A "drop box" or similar application will also be downloaded on the device and shall be used to send Councilmembers official City documents, including, without limitation, City Council agendas, staff reports, and packets as well as for Councilmembers to send e-mails relatingto City business.
Seetien-4-Care of the Device
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CIry COUNCIL PROTOCOLS
ELECTRONIC DEVICE
CITY COUNCIL POLICY NUMBER 11
ADOPTED BYTHE CIW COUNCILATTHEIR CIry COUNCIL MEETING OF NOVEMBER 19,2024 Each Councilmember is responsible for the general care ofthe devicethat he orshe has been issued. The device must remain free of any writing, drawing, stickers or labels that are not the property of the City.
Only a clean, soft cloth should be used to clean the screen. Device that malfunctions or is damaged must be reported to the Administrative Services Department (Responsible Department for lTServices). The City will be responsible for repairing a device that malfunctions. lftheElectronic(s) isstolenorlost,theCityCouncilmemberr,t!.llmaybe responsible for replacing the Electronic(s) if the Councilmember's device has previoulsv been lost or stolen within the prior two (2) vears.
The Councilmember should report immediately to the Administrative Services Department (Responsible Department for lTServices) if the device has been damaged, lost, or stolen.
Damage includes, but is not limited to, broken screens, cracked plastic pieces, and inoperability. lf the cost to repair the device exceeds the cost of purchasing a new device, the City may choose to repair or replace the device atthe City's cost and at its sole discretion.
Councilmember agrees that the device will not be shared with other individuals or family members,duetothebusinessuseofthedevice(potential accessto citye-mail,etc.); Councilmember agrees to delete any sensitive business files that may be inadvertently downloaded and stored on the device through the process ofviewing e-mail attachments; lm€erta+tt-All users
lntredueing viruses; spyware; epether malware,
lu+pesefully er inadvertently eeBying sensitive andler preprietary City infermatien te unautherized deviees,
Intredueing a teehnieal er net+verlr ineemBatibilit)'te the City that the user is net even e,we+e-ef=
reseurees; systemsr er netwerks €euld inteFrupt business epeFatiens; eause unBlanned dewntirne-f,er multiple users; and/ereause-a data breaeh releasing €ity; eitizen; and/er partner tge.+it11eeu+a-e++s€,
Seetren-S-Software on the Device
For City Furnished Devices:
The software and applications installed by the City must always remain on the device in usable condition and be readily accessible. From time to time, the City may add or upgrade software applications for use by City Council such that City Council may be required to check in their devices with the Administrative Services Department (Responsible Department for lT Services) forperiodicupdatesandsynching. Anysoftware,email messagesorfilesdownloadedviathe Formatted: Eulleted a Level: 1 + Al;gned at: 0.25" +
lndent at: 0.5"
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CIry COUNCIL PROTOCOLS
ELECTRONIC DEVICE
CIry COUNCIL POLICY NUMBER 11
ADOPTED BY THE CITY COUNCIL AT THEIR CITY COUNCIL M EETING OF NOVEMBER T9,2024 Internet into the City systems become the property of the City and may only be used in ways that are consistent with applicable Iicenses, trademarks or copyrights. lf technical difficulties occur or illegal software is discovered, the device will be restored from backup. The City does not accept responsibilityforthe loss of any software or documents deleted due to a re-format and re-image.
The Electronic(s)s are wireless devices that require over the air access to download the agenda packets, send and receive e-mail and access the lnternet. Safeguards will be in place for security of the wireless access and security of the device.
Citv issued devices mav be connected to the Citrr'c secrrrpd Wi-Fi Network and comnttter network. Councilmembers are prohibited from connecting personal electronic devices to the Citv's secured Wi-Fi Network and computer network. Councilmembers mav connect their personal electronic devices to the Citv's public Wi-Fi Network.
Seetiisn-+Acce otable Use
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CITY COUNCIL PROTOCOLS
ELECTRONIC DEVICE
CIry COUNCIL POLICY NUMBER 11
ADOPTED BY THE CIry COUNCIL AT TH EIR CIry COUNCIL M EETING OF NOVEMBER 19,2024 The device, wireless feature and e-mail access provided are tools for conducting City business.
Thus, City Council use of such tools will be solely for City business related purposes. All of the City's computer systems, including the device, are considered to be public property. All documents, files_
and e-mail messages created, received, stored in, or sent from any City device are considered public records, subjectto disclosure tothe public pursuantto the California Public RecordsAct (withonlylimitedexceptions),andareconsideredthepropertyoftheCitySebastopol City Councilmembers shall not use the Electronic(s)s for personal business, or any other purpose not related to City business
All existing City policies will continue to apply to a Councilmember's conduct on the internet and in the use of e-mail. A Councilmember's use of the device could constitute actions on behalf of the City and thereby expose the Cityto risk of liability. CityCouncilshall not usethe device in any way as to violate the public meeting requirements of the Brown Act.
The Citv's lT resources, including all hardware. software, equipment. networks, and infrastructure. are provided for the exclusive purpose of conducting Citv business, enhancing efficiencv and better serving the public interest. Management of these assets, as well as management of the Citv's lT consultants, is the responsibilitv of the Administrative Services Director. The Citv's lT consultins firm and/or its emplovees mav be referred to as the Citv's "network administrator".
All messages, files, and user actions are subiect to monitoring. No right of ownership or expectation of personal privacv is expressed or implied. Citv lT resources are not for personal use; users should refrain from usine the Citv's lT resources for personal uses such as transmitting, saving, or storinq personal files, photos. music or other data, sending and receiving personal email messages, or other non-work related internet activities. iee,
reim bt+rsement as fel lewsi
Tablet Reimbursement $600,00 enee pe'term
Reimbursementswill be ineluded and preeessed bythe €ity ef Sebastepel Adpninistrative iee=
Section 7. Compliance with Brown Act and Publfc Records Act The use of Electronic(s) by members of the City Council, who are subject to the Brown Act, duringthe public meeting of the body shall be limited as prescribed in this policy and applicable law.
UseofElee+reflie(slslec-t9-njldevicebymembersof theCityCouncil,whoaresubjecttothe Brown act, during public meetings of the bodyshall complywith the requirements of all applicable laws and City policies, including the requirements of Article l, section 3, subdivision Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CITY COUNCIL PROTOCOLS
ELECTRONIC DEVICE
CIry COUNCIL POLICY NUMBER 11
ADOPTED BYTHE CITY COUNCILATTHEIR CITY COUNCIL MEETING OF NOVEMEER 19,2024 (b), paragraph 1 of the California Constitution, the California Public Records Act (Government Code55 6250-6276.48), the Ralph M. Brown Act (Government Code55 54950-54963), dUe process rights of interested parties in City legislative body proceedings, and the following City policles and procedures.
Members of City Council, who are subject to the Brown Act, may not use Electronic(s) devicesdeeide at public meetings of the body in any manner or for any purpose prohibited by law or City policy. ln particular, but without limitation, electronic communications and data devicesmaynot beusedatpublicmeetingsbyCitylegislativebodymembersinanyofthe following ways:
ln violation of the requirements of the Ralph M. Brown Act, such as by sharing communications among a majority of the legislative body privately and separate from the public discussion at the meeting.
In violation of the requirements of the California Public Records Act, such as bytransmitting to a majority of the legislative body information connected with a matter subject to consideration at the meeting, which information is not available to the public. ln violation of due process rights of interested parties at adjudicatory hearings, such as by consideration of information not a part of the hearing record, or by use of an electronic communicationsordatadevicesoasto resultininattentiontotherecordand/orproceedings before the body.
ln addition to the restrictions on the use of electronic communications and data devices by City Councilmembers underthe R;alph M. Brown Act, the California Public Records Act, and the due process guarantees under the U.S. and California Constitutions, members of the City legislative bodies subject to the Brown Act may not, during a meeting of the body, receive electronic communications from, or send
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CIW COUNCIL PROTOCOLS
ELECTRONIC DEVICE
CIry COUNCIL POLICY NUMBER 11
ADOPTED BY THE CITY COUNCIL AT THEIR CITY COUNCIL MEETING OF NOVEMBER 19,2024 electronic communicationsto, any person (including, but not limited to, members of the public, City staff, other legislative body members, and parties to City proceedings) All writings (documents, emails, etc.) produced, received, or stored on electronic communication and data devices are subject to release under the Public Records Act, including records on devices owned by the Councilmember.
SeetieR{.-Securitv
Electronic Devices will be password protected. City Councilmembers are responsible for maintaining adequate and secure passwords for the Electronic(s). For City Furnished Devices, passwords shall be provided to the Assistant City Manager/City Clerk within 3 days of receipt of theElectronic(s). Passwordshall bekeptconfidential. lf anaCityCouncilmembersis"locked out" ofthe Electronic(s) and the device cannot be unlocked, the memory may need to be erased to restore and reset the device.
California law requires that certain information be treated as confidential and not be distributed to others inside or outside the City who do not have authorization to view such information. Councilmembers may occasionally receive confidential electronic information.
Some examples of confidential information are: personnel records, internal investigations, information relating to litigation, negotiations, or information relating to confidential real estate negotiations. When Councilmembers receive confidential information. it should be marked "Confidential lnformation" to alert recipients to the nature of the information.
Additionally, Councilmembers shall exercise caution in sending confidential information by ECommunication as compared to written memoranda, letters or phone calls, because of the ease with which such information can lose confidentiality by inadvertent or intentional diversion or retransmission by others. Councilmembers shall not disclose the confidential communications or materials to any unauthorized person unless directed by Clty Administration or City Administration representatives.
QuestionsastowhetheradocumentisrequiredtoberetainedunderthePublicRecordsActor whether an E-Communication is confidential should be referred to the City Attorney's Office.
Electronic records and data should be handled the same as non-electronic records. All rules and procedures for public records reouests applv to electronic records and data transmitted electronicallV.
See+ien-9-P ublic Resource:
Use ofa City-issued Electronic(s) is considered to be a use of public resources. City Councilmembers shall not use the devices for personal business, or any other purpose not related to City business. City Council shall not use City issued devices to deliberately propagate any virus or other hostile computer program or file, to disable or overload any computer system or network, or to circumvent any system intended to protect the privacy or security of another user.
Electronic(s)s are issued to the City Council and are for work-related communications.The Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CIry COUNCIL PROTOCOLS
ELECTRONIC DEVICE
CITY COUNCIL POLICY NUMBER 11
ADOPTED BY THE CITY COUNCIL AT TH EIR CITY COUNCIL MEETING OF NOVEMBER 19,2024 Councilmember acknowledges that he/she has no expectation of privacy in the use of or in the material content contained within such device and the Councilmember expressly agrees that the City may at any time retrieve, audit and disclose the contents of all communications originating from or received by a City owned device including, but not limited to e-mails.
SeetieR-lo-l morooer Use:
:
As set forth more fully in the City's policy against harassment, the City does not tolerate discrimination, disparagement or harassment based on gender, pregnancy, child- birth (or related medical conditions), race, color, religion, national origin, ancestry, age, physical disability, mental disability, medical condition,
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CITY COUNbIL PROTOCOLS
FLECTRONIC DEVICE
CITY COUNCIL POLICY NUMBER 11
ADOPTED BY THE CIry COUNCIL AT THEIR CITY COUNCIL M EETING OF NOVEMBER L9,2024 marital status, sexual orientation, political beliefs, family care or medical leave status, veteran status, or any other status protected by state and federal laws. Under no circumstances may a member of a City legislative body use a City Electronic(s) to transmit, receive, or store any informatron that is discriminatory, harassing, or defamatory in any way (e.g., sexually explicit or racist messages, jokes, or cartoons).
:
Members of City legislative bodies must not use a City Electronic(s) to copy, retrieve, forward or send copyrighted materials unless the user has the City's and the author's permission or ts accessing a single copy only for the user's reference for City-related work.
Members of City legislative bodies may not use a City Electronic(s) for any illegal purpose, in violation of any City policy, in a manner contrary to the best interests of the City, in any way that discloses confidential or proprietary information of the City orthird parties, for the conduct of non-City business, to solicit or proselytize others for commercial ventures, religious or political causes, election related activities, or for other purposes not related to the User's duties with or responsibilities to the City.
Seetren-l4-Return of Device
For City Furnished Devices: City Councilmembers shall return their device to the Administrative Services Department (Responsible Department for lT Services) when the individual Councilmember's term and service on the City Council has ended. Upon return of the device to the City and following the preparation of any appropriate backup files, the device will be wiped clean of any and all information at the end of Councilmembers term and service.
Seetier-42. Comoliance with Policv
The City reserves the right to inspect any and all files stored on devices that are the property of the City in order to ensure compliance with this policy. City Councilmembers do not have any personal_
privacy rights in any matter created, received, stored in, or sent from any City issued device, and the City Council shall institute appropriate practices and procedures to ensure compliance with this policy.
City Councilmembers will be required to sign the certification statement below acknowledging the understanding of and compliance with this policy.
TRAININGS:
Te ensure best Brae All
Councilmembers must take annual
Councilmembers must take mandatorv trainins thin 3O davs of installation as a newlv aooointed Citv Councilmember and then annuallv thereafter. Councilmembers mav be required to take additional trarnins as directed bv the -Administrative Services Department. e\^/arpnpqq traininp while ncwlv installed
Training shall be initiated bv the Administrative Services Department.
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CIry COUNCIL PROTOCOLS
ELECTRONIC DEVICE
CITY COUNCIL POLICY NUMBER 11.
ADOPTED BY TH E CITY COUNCIL AT THEIR CITY COUNCIL MEETING OF NOVEMBER T9,2024 Seetien-l3-General Policv:
@cityAdministrationwillceasetoprintAgendaPacketsinhardcopy for these-Councilmembers. . eity
. City
Councilmemberswho use an electronic device may request printed hard copies of certain agenda reports or packet materials_-at their own expense. Prints of large documents such as maps will be provided bythe Responsible Department to the City Council separate from the agenda packet.
The Administrative Services Department (Responsible Department for lTServices) will serve as the primary staff support for the general use ofthe device and the applications; will provide procurement servlces and technical support for users; and will provide training to City Councilmembers on the use and care of the Electronic(s).
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CITY COUNCIL PROTOCOLS
ELECTRONIC DEVICE
CIry COUNCIL POLICY NUMBER 11
ADOPTED BY THE CITY COUNCIL AT THEIR CITY COUNCIL MEETING OF NOVEMBER19,2024 The replacement schedule for the device is 4 years. Any replacement or upgrade required prior to that time will be paid from City budget. City Councilmembers will be notified by e-mail when the agenda packet is available for download. The packet may be downloaded from any location where the user has a wireless connection.
tN eeUN€lLDUIY PASSEDT AnPRoVED AND ADoPTED this 3c day ofSepternber; 2g+9' V€+E.:
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NOE*-
ABSEN+IrqSSIAlA,h
N€ne
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Mayor Neysa Hinton
Gourley, MMC, Assistant City Ma / City Clerk
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
CITY COUNCIL PROTOCOLS
ELECTRONIC DEVICE
CIry COUNCIL POLICY NUMBER 11
ADOPTED BY THE CIry COUNCIL AT THEIR CITY COUNCIL MEETING OF NOVEMBER T9,2024 l, the undersigned City Councilmember of the City of Sebastopol have been provided i copy of the_
Cityof Sebastopol Electronic(s) Device Agreement Policy and understand itscontents, I Understand that any personal use of the Electronic(s) may be subject to possible review in the context of a public records request or questions regarding or abuse. I further understand that the use of a City-issued Electronic(s) is considered to be a use of public resources and, therefore, is prohibited from being used for campaign activities, other personal use or other purposes which are not authorized by iaw. I also asree that Citv lT supoort will be provided for Citv issued devicesonlv.l fully accept andunderstand the terms ofthe policythe policy and agree to abide by all terms contained in it.
Signature
City Councilmember
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
Attachment Number: 2
EDITED VERSION Red/Blue
Lined Version of Changes
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number l-1
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March L8,2025
Section lLPurpose
effieient perfermanee-ef their duties as eeuneilmembers and thereby impreve their serviee te the This peliey dees neF attempt te eever every situatien that may arise in eenneetien with the use ef the deviee, The Geuneil aelcnewledges that enly the eity e mail aeeeunts er drep bex er ether similar The City of Sebastopol has a responsibility to ensure that its information assets are protected and access controlled to maintain the confidentiality and integrity of that information. The Council also accepts that there is a requirement for the City Council to have access to information and systems from personal devices.
PU+PES+
The purpose of this policy is to define accepted practices. responsibilities and guidance for the use of approved personal devices that the Council authorizes to connect to its systems.
It also aims to ensure appropriate access and use of City information and systemsJnrhich will help to mitigate against:
. Loss of personal, special category. commercial or politically sensitive data . Damage to the Cityeeuneil's reputation
. Potential legal action and/or fines against the CityGeuneil . Inappropriate use of City resources and systems
. Viruses and other malicious software
. Service disruption
This policy also sets out how the Council will control access to the City systems and information on personal devices in order to support compliance with Gcybersecurity best practices$ssentiak. It is important that Councilmembers understand the obligations required when using personal devices, and the consequences of failing to satisfy those obligations arrangement are wel .
Upon request from thea Councilmember. Tlhe City will procure a device from the City's lT VendorefffiingorreimbursetheCouncilmemberforpersonaldeviceuse' Laptops or Tablets furnished by the City of Sebastopol have the intended uses for:
lLl|paperless meeting packet, 2) receiving and sending City e-mail, and 3) !?N-+n+esae+access forCity business.
Section 2: Personal Devices
P€+s€aaln€vi€€s+
Councilmembers frequently perform position related tasks that require connecting to city-provided resources, systems and/or email. In support of these tasks. Councilmembers may wish to use their own portable device. Personally-owned devices include, but are not limited to. smartphones, laplops. notebooks, tablets I e,g. iPads, Android).
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March 78,2025
The Expectation of Privacy+
to access the City's. Users cannot be required and/or can refuse to use their personally-owned devices to work on or access Citlr systems.
Users should be aware that the Citlr retains ownership of City dataincluding emails. created or stored on their personally-owned device. Users should also be aware that they can view but not store and/or download confidential or restricted data when technically feasible on their personally owned device.
Users are responsible for backing up their personal data, settings, media, and applications on their personally owned device.
Users should be aware that some personally owned devices may require the purchase of a software application and corresponding software license and/or subscription, to allow the device to comply with City's policy or standards: and that thqr-mayCouncilmembers will be responsible for all costs of required software applications.
Responsibilities
Councilmembers using personal devices shall comply@ with the following:
. Access to City systems shall be used for City work only and must not be used in any way which contravenes this or any other City policy.
. Users must contact the City's IT Vendor within one working day if their device is lost, stolen, or otherwise comprised, to allow the City's IT's Vendor to shut down access from the personal device to City data and systems.
. Users must not allow their family members, friends or other individuals access to their personal device that is logged into the City's system and any data and systems accessed through it.
. Users must not circumvent City controls, download and/or coplr City data to or from their personal devices.
. Users must not screenshot. screengrab or take photos ofCity data on their personal devices. . Users should ensure that any business applications provided by the City system are closed before using their device for personal reasons,
. Users should install any €i+y+pp+evedprograms required by the City on their personal device. . Users are responsible for maintaining their personally-owned device with the manufacturer's securitv and oneratins svstem undates.
. Users will not install software on their personally owned device that bypasses the built-in security features and controls.
. Users should be aware that is their responsibility to setup their individual cellular plan with their provider and to pay all or a pgrtion of the charges incurred, in accordance with applicable law. Any service or billing issues with the cellular or data provider may be the user's sole responsibility and obligation.
Physical Protection: Unattended mobile devices must be physically stored in a safe and secured manner.
The Citv's IT Vendor will ensure that:
Appropriate security is in place for the City's system to protect City's systems and data. . A user's access to City data and systems is removed by the City's IT Vendor upon them leaving Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March L8,2025
€mBFl€'jm€nt+i+h the C ouncil.
. Use of City :;ystem and data shall be monitored and any suspicious activity in breach of Council or City policies is investigated,
The City reserves the right to:
. Revoke access to City data, programs, or systems where there is evidence it is not being used in accordance with this or any other City policy.
. Remove City data and any City applications from the user's device - this will not affect user's personal data/applications.
The City will not accept any responsibility for:
. A personal device which breaks or becomes damaged,
. It is the responsibility of the user to take out appropriate insurance, warranty agreements or repair services,
. A personal device which is lost or stolen.
. Any data or network charges by the network operator for the device resulting from the use of the City's system or access to any City data on the user's personal device. . Any charges associated with installing and running anti-virus software the user decides to install other than City approved software.
. Providing technical support to a personally owned device
TRAINING
AllffiCouncilmembers must receive appropriate information security awareness training and regular updates through the City's Risk Management Agency [CIRAJ vendor Vector Solutions. UsersCouncilmembers must not access information or information systems without adequate training and have appropriate user access profiles.
Access to City's Information Systems:
The City's {information systems must have appropriate user access profiles to Iimit users' access to information, and must be regularly reviewed to ensure it remains appropriate.
To ensure the continuing management and security of information and information systems, usersCouncilmembers' access to the City's information must be properly authorized and promptly removed when no longer needed. due to leaving the Council .
Unique user ID and passwords must be used to enable users to be linked to and held responsible for their actions,
Passwords must be issued to users in a secure manner. and plocedures should be established to verify user identity before providing a new, replacement, or temporary password.
Authentication of External Connections:
Remote access to the City's network must be secured by two factor authentication, consisting of a username and password, and a code either via a token, text or a mobile application. External access to the City's information must be via the City's VPN.
M4r€
reseurees; systems and/er email, ln suppertref these tasl<s; €euneilmember+may wish te use their ewn pertable deviee, tn*he event that a Ceuneilmember dees net wish te reeeive and aeees'the agenda materials eleetrenieallyi a paper eeey of the agenda pael(et will be previded per the eity eeuneil Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device PolicY
All previous versions of this policy and resolution have been rescinded Approved March L8,2025
preteeels: "The Gity Ceuneil agenda pael<et; inelt+ding all-repertsreemmunieatiens; erdinanees; reselutiens, eentraets, deeuments, e'ether matters te be eensidered by the €ity €euneil at the regular meeting-will be availablein the Gity Hall Gity €euneil distributien bexes ne later than the Thursday reguifercn+sSection 3. Receipt of the Device
The Administrative Services Department (Responsible Department for lT Services) will issue Councilmembers who request a City furnished device, the following: device, charging cables, and a cover or case, keyboard and styluses. Any additional accessories, such as screen protectors, cables or adapters, shall be at an individual Councilmember's own expense and shall remain the property of the Councilmember at the end of the Councilmember's term and service. Councilmembers shall receive separate email accounts. A "drop box" or similar application will also be downloaded on the device and shall be used to send Councilmembers official City documents, including, without limitation, City Council agendas,staff reports,andpacketsaswell asfor Councilmemberstosende-mailsrelatingto City business.
Section 4. Care of the Device
Each Counciimember is responsible for the general care of the device that he or she has been issued. The device must remain free of any writing, drawing, stickers or labels that are not the property of the City.
Only a clean, soft cloth should be used to clean the screen. Device that malfunctions or is damaged must be reported to the Administrative Services Department (Responsible Department for lT Services).
TheCitywill beresponsibleforrepairingadevicethatmalfunctions. lftheElectronic(s) isstolenorlost, the City Councilmember may be responsible for replacing the Electronic(s).
The Councilmember should report immediately to the Administrative Services Department (Responsible DepartmentforlTServices) if the devicehasbeenlost,stolenordamaged. Damageincludes,butisnot limited to, broken screens, cracked plastic pieces, and inoperability.lf the costto repairthe device exceeds the cost of purchasing a new device, the City may choose to repair or replace the device at the City's cost and at its sole discretion.
Councilmember agrees thatthe device will not be shared with other individuals orfamily members, due to the business use of the device (potential access to city e-mail, etc.); Councilmember agrees to delete any sensitive business files that may be inadvertently downloaded and stored on the device through the process of viewing e-mail attachments; lmportant: All users must understand that whenever they connect a portable device to the City's systems the opportunity exists for:
o lntroducing viruses, spyware, or other malware.
o Purposefully or inadvertently copying sensitive and/or proprietary City information to unauthorized devices.
r lntroducing a technical or network incompatibilityto the City that the user is not even aware of.
As a result of any of these three circumstances, a user connecting his or her own device to City resources, systems, or networks could interrupt business operations, cause unplanned downtime for multiple users, andf or cause a data breach releasing City, citizen, andf or partner data to unauthorized Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March L8,2025
parties. ln worst- case scenarios (and in events entirely realized at other organizations), civil and criminal penalties for the. user and/or substantial costs and expenses to the City could arise.
Section 5. Software on the Device
For City Furnished Devices:
The software and applications installed bythe City must always remain on the device in usable condition and be readilyaccessible. From timetotime, the City mayadd or upgrade software applications for use by City Councilsuch that City Council may be required to check in their deviceswith the Administrative Services Department (Responsible Department for lT Services) for periodic updates and synching. Any software, email messages or files downloaded via the lnternet into the City systems become the property of the City and may only be used in ways that are consistent with applicable licenses, trademarks orcopyrights. lf technical difficulties occur or illegal software is discovered, the device will be restored from backup. The City does not accept responsibilityfor the Ioss of any software or documents deleted due to a re-format and re-image.
The Electronic(s)sare wireless devicesthat require overthe airaccessto download the agenda packets, send and receive e-mail and access the lnternet. Safeguards will be in place for security of the wireless access and security of the device.
Section 5. Acceotable Use
The device, wireless feature and e-mail access provided are tools for conducting City business. Thus, City Council use of such tools will be solely for City business related purposes. All of the City's computer systems, includingthe device, are considered to be public property. All documents, files and e-mail messages created, received, stored in, orsentfrom any City device are considered public records, subject to disclosure to the public pursuant to the California Public Records Act (with only limited exceptions), and are considered the property of the City Sebastopol. City Councilmembersshall not use City issued Electronic(s)sfor personal business, or any other purpose not related to City business All existing City policies will continue to apply to a Councilmember's conduct on the internet and in the use of e-mail. A Councilmember's use of the device could constitute actions on behalf of the City and thereby expose the City to risk of liability. City Council shall not use the device in any way as to violate the public meeting requirements of the Brown Act.
Section 6. Reimbursement for Use of Personal Device:
City Councilmembers who use their personal electronic device will receive monetary reimbursement as follows:
o Tablet/Laptop Reimbursement - $600.00 once per term
Reimbursement will be included and processed bythe City of Sebastopol Administrative Services Department upon request from Councilmember verifying use or purchase of personal device.
Section 7. Compliance with Brown Act and Publifc Records Act The use of Electronic(s) by members of the City Council, who are subject to the Brown Act, during the public meeting of the body shall be limited as prescribed in this policy and applicable law.
Use of Electronic(s) device by members of the City Council, who are subject to the Brown act, during public meetings of the body shall comply with the requirements of all applicable laws and City policies, includingthe requirements of Article l, section 3, subdivision (b), paragraph 1of the California Constitution, the California Public Records Act (Government Code$5 6250-6276.48), the Ralph M.
Brown Act (Government Code$$ 54950-54963), due process rights of interested parties in City legislative body proceedings, and the following City policies and procedures.
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March 18,2025
Members of City Council, who are subject to the Brown Act, may not use Electronic(s) decide at public meetings of the body in any manner orfor any purpose prohibited by law or City policy. ln particular, but without limitation, electronic communications and data devices may not be used at public meetings by City legislative body members in any of the following ways:
ln violation of the requirements of the Ralph M. Brown Act, such as bysharingcommunications among a majority of the legislative body privately and separate from the public discussion at the meeting.
ln violation of the requirements of the California Public Records Act, such as by transmitting to a majority of the legislative body information connected with a matter subject to consideration at the meeting, which information is not available to the public. ln violation of due process rights of interested parties at adjudicatory hearings, such as by consideration of information not a part of the hearing record, or by use of an electronic communications or data device so as to result in inattention to the record and/or proceedings before the body.
ln addition to the restrictions on the use of electronic communications and data devices by City Councilmembers under the Ralph M. Brown Act, the California Public Records Act, and the due process guarantees under the U.S. and California Constitutions, members of the City legislative bodies subject to the Brown Act may not, during a meeting of the body, receive electronic communications from, or send electronic communications to, any person (including, but not limited to, members of the public, City staff, other legislative body members, and partles to City proceedings).
Allwritings (documents, emails, etc.) produced, received, orstored on electronic communication and data devices are subject to release under the Public Records Act, including records on devices owned by the Councilmember.
Section 8. Securitv
Electronic Devices will be password protected. City Councilmembers are responsible for maintaining adequate and secure passwords for the Electronic(s). For City Furnished Devices, passwords shall be provided to the Assistant City Manager/City Clerk within 3 days of receipt of the Electronic(s). Password shall be kept confidential. lf a City Councilmembers is "locked out" of the Electronic(s) and the device cannot be unlocked, the memory may need to be erased to restore and resetthe device.
California law requires that certain information be treated as confidential and not be distributed to others inside or outside the City who do not have authorization to view such information.
Councilmembers may occasionally receive confidential electronic information. Some examples of confidential information are: personnel records, internal investigations, information relating to litigation, negotiations, or information relating to confidential real estate negotiations. When Councilmembers receive confidential information, it should be marked "Confidential lnformation" to alert recipients to the nature of the information.
Additionally, Councilmembers shall exercise caution in sending confidential information by ECommunication as compared to written memoranda, letters or phone calls, because of the ease with which such information can lose confidentiality by inadvertent or intentional diversion or retransmission by others. Councilmembers shall not disclose the confidential communications or materials to any unauthorized person unless directed by City Administration or City Administration re p rese ntatives.
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Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March 18,2025
Questionsasto whetheradocumentisrequiredtoberetainedunderthePublicRecordsActor whether an E-Communication is confidential should be referred to the City Attorney's Office.
Section 9. Public Resource:
Use of a City-issued Electronic(s) is considered to be a use of public resources. City Councilmembers shall not use the devices for personal business, or any other purpose not related to City business. City Council shall not use City issued devices to deliberately propagate any virus or other hostile computer program or file, to disable or overload any computer system or network, or to circumvent any system intended to protect the privacy or security of another user.
Electronic(s)s are issued to the City Council and are for work-related communications.The Councilmember acknowledges that he/she has no expectation of privacy in the use of or in the material content contained within such device and the Councilmember expressly agrees that the City may at any time retrieve, audit and disclose the contents of all communications originating from or received by a City owned device including, but not limited to e-mails.
Section 10. lmorooer Use:
Prohibition Asainst Harassins. Discriminatorv and Defamatorv Use:
As set forth more fully in the City's policy against harassment, the City does not tolerate discrimination, disparagement or harassment based on gender, pregnancy, child- birth (or related medical conditions), race, color, religion, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sexual orientation, political beliefs, family care or medical leave status, veteran status, orany other status protected by state and federal laws. Under no circumstances may a member of a City legislative body use a City Electronic(s) to transmit, receive, or store any information that is discriminatory, harassing, ordefamatory in anyway(e.g., sexually explicit or racist messages, jokes, or cartoons).
Prohibition Aeainst Violatine Copvrieht Law:
Members of City legislative bodies must not use a City Electronic(s) to copy, retrieve, forward or send copyrighted materials unless the user has the City s and the author's permission or is accessing a single copy only for the user's reference for City-related work.
Members of City legislative bodies may not use a City Electronic(s)for any illegal purpose, in violation of any City policy, in a manner contrary to the best interests of the City, in any way that discloses confidential or proprietary information of the City orthird parties, for the conduct of non-City business, to solicit or proselytize others for commercial ventures, religious or political causes, election related activities, or for other purposes not related to the User's duties with or responsibilities to the City.
Section 1"1". Return of Device
For City Furnished Devices: City Councilmembers shall return their device to the Administrative Services Department (Responsible Department for lT Services) when the individual Councilmember's term and service on the City Council has ended. Upon return of the device to the City and following the preparation of any appropriate backup files, the device will be wiped clean of any and all information at the end of Councilmembers term and service.
Section 12. Compliance with Policv
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March'J,8, 2025
The City reserves the right to inspect any and allfiles stored on devices that are the property of the City in order to ensure compliance with this policy. City Councilmembers do not have any personal privacy rights in any matter created, received, stored in, or sent from any City issued device, and the City Council shall institute appropriate practices and procedures to ensure compliance with this policy.
City Councilmembers will be required to sign the certification statement below acknowledging the understanding of and compliance with this policy.
Section 13. General Policv:
Upon full implementation, CityAdministration will cease to printAgenda Packets in hard copyfor those Councilmemberswhouseapersonal deviceorCityfurnishedlaptoportablet. Citystaffwill printan agenda packet for those Councilmembers who do not use a personal or City furnished device;+h€4i+ CityCounci|memberswhouseanelectronicdevice
may request printed hard copies of certain agenda reports or packet materials. Prints of large documents such as maps will be provided by the Responsible Department to the City Council separate from the agenda packet.
The Administrative Services Department (Responsible Department for lTServices) will serve as the primary staff support for the general use of the device and the applications; will provide procurement services and technical support for users; and will provide training through the Ci\/s lTVendor to City Councilmembers on the use and care of the Electronic(s).
The replacement schedule for the device is 4 years. Any replacement or upgrade required prior to that time will be paid from City budget. City Councilmembers will be notified by e-mail when the agenda packet is available for download. The packet may be downloaded from any location where the user has a wireless connection.
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March L8,2025
PERSONAL ELECTRONIC DEVICE AGREEMENT
l, the undersigned City Councilmember of the City of Sebastopol have been provided a copy of the Cityof Sebastopol Electronic(s) Device Agreement Policy and understand its contents. I Understand that any personal use of the Electronic(s) may be subject to possible review in the context of a public records request or questions regarding or abuse. I further understand that the use of a City-issued Electronic(s) is considered to be a use of public resources and, therefore, is prohibited from being used for campaign activities, other personal use or other purposes which are not authorized by law. lfully accept and understand the terms of the policy the-.pelley-and agree to abide by allterms contained in it.
Signature
City Councilmember
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
Attachment Number: 3
FINAL ELECTRONICS POLICY
FOR ADOPTION
Clean Version
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March 18,2025
Section 1. Puroose
The City of Sebastopol has a responsibility to ensure that its information assets are protected and access controlled to maintain the confidentiality and integrity of that information. The Council also accepts that there is a requirement for the City Council to have access to information and systems frdm personal devices The purpose of this policy is to define accepted practices, responsibilities and guidance forthe use of approved personal devices that the Council authorizes to connect to its systems.
It also aims to ensure appropriate access and use of City information and systems, which will help to mitigate aga i nst:
. Loss of personal, special category, commercial or politically sensitive data . Damage to the City's reputation
. Potential legal action and/or fines against the City
. lnappropriate use of City resources and systems
. Viruses and other malicious software
. Service disruption
This policy also sets out how the Council will control access to the City systems and information on personal devices in order to support compliance with cybersecurity best practices. lt is important that Councilmembers understand the obligations required when using personaldevices, and the consequences of failing to satisfy those obligations.
Upon request from a Councilmember, the City will procure a device from the City's lT Vendor or reimburse the Councilmember for personal device use.
Laptops or Tablets furnished by the City of Sebastopol have the intended uses for:
1) paperless meeting packet, 2) receiving and sending City e-mail, and 3) VPN access forCity business.
Section 2: Personal Devices
Councilmembers frequently perform position related tasks that require connecting to city-provided resources, systems and/or email. ln support of these tasks, Councilmembers may wish to use their own portable device. Personally-owned devices include, but are not limited to, smartphones, laptops, notebooks, tablets ( e.g. iPads, Android).
The Expectation of Privacv
The City of Sebastopol will respect the privacy of a user's voluntary use of a personally-owned device to access the City's. Users cannot be required and/or can refuse to use their personally-owned devices to work on or access City systems.
Users should be aware that the City retains ownership of City data, including emails, created or stored on their personally-owned device. Users should also be aware that they can view but not store and/or download confidential or restricted data when technically feasible on their personally owned device.
Users are responsible for backing up their personal data, settings, media, and applications on their personally owned device.
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March 1,8, 2025
Users should be aware that some personally owned devices may require the purchase of a software application and corresponding software license andlor subscription, to allow the device to comply with City's policy or standards; and that Councilmembers will be responsible for all costs of required software a pplications.
Responsibilities
Councilmembers using personal devices shall comply with the following:
. Access to City systems shall be used for City work only and must not be used in any way which contravenes this or any other City policy.
. Users must contact the City's lT Vendor within one working day if their device is lost, stolen, or otherwise comprised, to allow the City's lT's Vendor to shut down access from the personal device to City data and systems.
. Users must not allow their family members, friends or other individuals access to their personal device that is logged into the City's system and any data and systems accessed through it, ' . Users must not circumvent City controls, download and/or copy City data to or from their personal devices.
. Users must not screenshot, screengrab or take photos of City data on their personal devices. . Users should ensure that any business applications provided by the City system are closed before using their device for personal reasons.
. Users should install any programs required by the City on their personal device, . Users are responsible for maintaining their personally-owned device with the manufacturer's security and operating system updates,
. Users will not install software on their personally owned device that bypasses the built-in security features and controls.
. Users should be aware that is their responsibility to setup their individual cellular plan with their provider and to pay all or a portion of the charges incurred, in accordance with applicable law. Any service or billing issues with the cellular or data provider may be the user's sole responsibility and obligation.
Phvsical Protection: Unattended mobile devices must be physically stored in a safe and secured manner The Citv's IT Vendor will ensure that:
. Appropriate security is in place for the City's system to protect City's systems and data. . A user's access to City data and systems is removed by the City's lT Vendor upon them leaving the Cou ncil.
. Use of City system and data shall be monitored and any suspicious activity in breach of Council or City policies is investigated.
The City reserves the right to:
. Revoke access to City data, programs, or systems where there is evidence it is not being used in accordance with this or any other City policy.
. Remove City data and any City applications from the user's device - this will not affect user's personal data/applications.
The City will not accept any responsibility for:
r A personal device which breaks or becomes damaged.
. lt is the responsibility of the user to take out appropriate insurance, warranty agreements or repair services,
. A personal device which is lost or stolen.
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March \8,2025
Any data or network charges by the network operator for the device resulting from the use of the City's system or access to any City data on the user's personal device.
Any charges associated with installing and running anti-virus software the user decides to install other than City approved software.
Providing technical support to a personally owned device
TRAINING
All Councilmembers must receive appropriate information security awareness training and regular updates through the City's Risk Management Agency (CIRA) vendor Vector Solutions. Councilmembers must not access information or information systems without adequate training and have appropriate user access prof iles.
Access to CitV's lnformation Svstems
The City's information systems must have appropriate user access profiles to limit users' access to information, and must be regularly reviewed to ensure it remains appropriate.
To ensure the continuing management and security of information and information systems, Councilmembers' access to the City's information must be properly authorized and promptly removed when no longer needed, due to leaving the Council.
Unique user lD and passwords must be used to enable users to be linked to and held responsible fortheir actions.
Passwords must be issued to users in a secure manner, and procedures should be established to verify user identity before providing a new, replacement, or temporary password.
Authentication of External Connections:
Remote access to the City's network must be secured by two factor authentication, consisting of a username and password, and a code either via a token, text or a mobile application. External access to the City's information must be via the City's VPN.
Section 3. Receipt of the Device
The Administrative Services Department (Responsible Department for lTServices) will issue Councilmembers who request a City furnished device, the following: device, charging cables, and a cover or case, keyboard and styluses. Any additional accessories, such as screen protectors, cables or adapters, shall be at an individual Councilmember's own expense and shall remain the property of the Councilmember at the end of the Councilmember's term and service. Councilmembers shall receive separate email accounts. A "drop box" or similar application will also be downloaded on the device and shall be used to send Councilmembers official City documents, including, without limitation, City Council agendas,staff reports,andpacketsaswell asfor Councilmemberstosende-mailsrelatingto City business.
Section 4. Care of the Device
Each Councilmember is responsible for the general care of the device that he or she has been issued. The device must remain free of any writing, drawing, stickers or labels that are not the property of the City.
Only a clean, soft cloth should be used to clean the screen. Device that malfunctions or is damaged must be reported to the Administrative Services Department (Responsible Department for lT Services).
The City will be responsible for repairing a device that malfunctions. lf the Electronic(s) is stolen or lost, the City Councilmember may be responsible for replacing the Electronic(s).
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March 18,2025
The Councilmember should report immediately to the Administrative Services Department (Responsible DepartmentforlTServices) if the devicehasbeenlost,stolenordamaged. Damageincludes,butisnot limited to, broken screens, cracked plastic pieces, and inoperability.lf the costto repairthe device exceeds the cost of purchasing a new device, the City may choose to repair or replace the device at the City's cost and at its sole discretion.
Councilmember agrees thatthe device will not be shared with other individuals orfamily members, due to the business use of the device (potential access to city e-mail, etc.); Councilmember agrees to delete any sensitive business files that may be inadvertently downloaded and stored on the device through the process of viewing e-mail attachments; lmportant: All users must understand that whenever they connect a portable device to the City's systems the opportunity exists for:
o lntroducing viruses, spyware, or other malware.
r Purposefully or inadvertently copying sensitive and/or proprietary City information to unauthorized devices.
o lntroducinga technical or network incompatibilityto the Citythatthe user is not even aware of.
As a result of any of these three circumstances, a user connecting his or her own device to City resoLlrces, systems, or networks could interrupt business operations, cause unplanned downtime for multipleusers, and/or causeadatabreachreleasingCity,citizen,andfor partnerdatatounauthorized parties. ln worst- case scenarios (and in events entirely realized at other organizations), civil and criminal penalties for the user and/or substantial costs and expenses to the City could arise.
Software on the Device
For City Furnished Devices
The software and applications installed bythe City must always remain on the device in usable condition and be readily accessible. From time to time, the City may add or upgrade software applications for use by City Council such that City Council may be required to check in their devices with the Administrative Services Department (Responsible Department for lT Services) for periodic updates and synching. Any software, email messages or files downloaded via the lnternet into the City systems become the property of the City and may only be used in ways that are consistent with applicable licenses, trademarks or copyrights. lf technical difficulties occur or illegal software is discovered, the device will be restored from backup. The City does not accept responsibilityforthe loss of anysoftware or documents deleted due to a re-format and re-image.
The Electronic(s)s are wireless devices that require over the air access to download the agenda packets, send and receive e-mail and access the lnternet. Safeguards will be in place for security of the wireless access and security of the device.
Section 5. Acceptable Use
The device, wireless feature and e-mail access provided are tools for conducting City business. Thus, City Council use of such tools will be solely for City business related purposes. All of the City's computer systems, includingthe device, are considered to be public property. All documents, files and e-mail messages created, received, stored in, orsentfrom any City device are considered public records, subject to disclosure to the public pursuant to the California Public Records Act (with only limited exceptions), and are considered the property of the CitySebastopol. City Councilmembersshall not use City issued Electronic(s)sfor personal business, or any other purpose not related to City business Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March L8,2025
All existing City policies will continue to apply to a Councilmember's conduct on the internet and in the use of e-mail. A Councilmember's use of the device could constitute actions on behalf of the City and thereby expose the City to risk of Iiability. City Council shall not use the device in any way as to violate the public meeting requirements of the Brown Act.
Section 6. Reimbursement for Use of Personal Device:
City Councilmembers who use their personal electronic device will receive monetary reimbursement as follows:
o Tablet/Laptop Reimbursement - 5600.00 once per term
Reimbursement will be included and processed bythe City of Sebastopol Administrative Services Department upon request from Councilmember verifying use or purchase of personal device.
Section 7. Comoliance with Brown Act and Public Records Act The use of Electronic(s) by members of the City Council, who are subject to the Brown Act, duringthe public meeting of the body shall be limited as prescribed in this policy and applicable law.
Use of Electronic(s) device by members of the City Council, who are subject to the Brown act, during public meetings of the bodyshall complywith the requirements of all applicable laws and City policies, includingthe requirements of Article l, section 3, subdivision (b), paragraph 1of the California Constitution, the California Public Records Act (Government Code5 5 6250-6276.48), the Ralph M.
Brown Act (Government Code$$ 54950-54963), due process rights of interested parties in City legislative body proceedings, and the following City policies and procedures.
Members of City Council, who are subject to the Brown Act, may not use Electronic(s) decide at public meetings of the body in any manner or for any purpose prohibited by law or City policy. ln particular, but without limitation, electronic communications and data devices may not be used at public meetings by City legislative body members in any of the following ways:
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ln violation of the requirements of the Ralph M. Brown Act, such as bysharingcommunications among a majority of the legislative body privately and separate from the public discussion at the meeting.
ln violation of the requirements of the California Public Records Act, such as bytransmitting to a majority of the legislative body information connected with a matter subject to consideration at the meeting, which information is not available to the public. ln violation of due process rights of interested parties at adjudicatory hearings, such as by consideration of information not a part of the hearing record, or by use of an electronic communications or data device so as to result in inattention to the record and/or proceedings before the body.
ln addition to the restrictions on the use of electronic communications and data devices by City Councilmembers under the Ralph M. Brown Act, the California Public Records Act, and the due process guarantees under the U.S. and California Constitutions, members of the City legislative bodies subject to the Brown Act may not, during a meeting of the body, receive electronic communications from, or send electronic communications to, any person (including, but not limited to, members of the public, Citystaff, other legislative body members, and partiesto City proceedi ngs).
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All writings (documents, emails, etc.) produced, received, or stored on electronic communication and data devices are subject to release under the Public Records Act, including records on devices owned by the Councilmember.
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March 18,2025
Section 8. Securitv
Electronic Devices will be password protected. City Councilmembers are responsible for maintaining adequate and secure passwords for the Electronic(s). ForCity Furnished Devices, passwords shall be provided to the Assistant City Manager/City Clerk within 3 days of receipt of the Electronic(s). Password shall be kept confidential. lf a City Councilmembers is "locked out" of the Electronic(s) and the device cannot be unlocked, the memory may need to be erased to restore and reset the device.
California law requires that certain information be treated as confidential and not be distributed to others inside or outside the City who do not have authorization to view such information.
Councilmembers may occasionally receive confidential electronic information. Some examples of confidential information are: personnel records, internal investigations, information relating to litigation, negotiations, or information relating to confidential real estate negotiations. When Councilmembers receive confidential information, it should be marked "Confidential lnformation" to alert recipients to the nature of the information.
Additionally, Councilmembers shall exercise caution in sending confidential information by ECommunication as compared to written memoranda, letters or phone calls, because of the ease with which such information can lose confidentiality by inadvertentor intentional diversion or retransmission by others. Councilmembers shall not disclose the confidential communications or materials to any unauthorized person unless directed by CityAdministration or CityAdministration re presentatives.
Questions asto whether a document is required to be retained underthe Public Records Actor whether an E-Communication is confidentialshould be referred to the City Attorney's Office.
Section 9. Public Resource:
Use of a City-issued Electronic(s) is considered to be a use of public resources. City Councilmembers shall not use the devices for personal business, or any other purpose not related to City business. City Council shall not use City issued devices to deliberately propagate any virus or other hostile computer program orfile, to disable or overload any computer system or network, orto circumvent any system intended to protect the privacy or security of another user.
Electronic(s)s are issued to the City Council and are for work-related communications. The Councilmember acknowledges that he/she has no expectation of privacy in the use of or in the material content contained within such device and the Councilmember expressly agrees thatthe City may at any time retrieve, audit and disclose the contents of all communications originating from or received by a City owned device including, but not limited to e-mails.
Section 10. lmproper Use:
Prohibition Asainst Harassins, Discriminatorv and Defamatorv Use:
As set forth more fully in the City's policy against harassment, the City does not tolerate discrimination, disparagement or harassment based on gender, pregnancy, child- birth (or related medical conditions), race, color, religion, national origin, ancestry, age, physical disability, mental disability, medical condition, marital status, sexual orientation, political beliefs, family care or medical leave status, veteran status, orany other status protected by state and federal laws. Under no circumstances may a member of a City legislative body use a City Electronic(s) to transmit, receive, or store any information that is discriminatory, harassing, or defamatory in any way (e.g., sexually explicit or racist messages, jokes, or ca rtoons).
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device Policy
All previous versions of this policy and resolution have been rescinded Approved March 1.8, 2025
Prohibition Aeainst Violatine Copvrieht Law:
Members of City legislative bodies must not use a City Electronic(s) to copy, retrieve, forward or send copyrighted materials unless the user has the City's and the author's permission or is accessing a single copy only for the user's reference for City-related work.
Members of City legislative bodies may not use a City Electronic(s)for any illegal purpose, inviolation of any City policy, in a manner contrary to the best interests of the City, in any way that discloses confidential or proprietary information of the City or third parties, for the conduct of non-City business, to solicit or proselytize others for commercialventures, religious or political causes, election related activities, or for other purposes not related to the User's duties with or responsibilities to the City.
Section 11. Return of Device
For City Furnished Devices: City Councilmembers shall return their device to the Administrative Services Department (Responsible Department for lT Services) when the individual Councilmember's term and service on the City Council has ended. Upon return of the device to the City and followingthe preparation of any appropriate backup files, the device will be wiped clean of any and all information at the end of Councilmembers term and service.
Section 12. Compliance with Policv
The City reserves the right to inspect any and allfiles stored on devices that are the property of the City in orderto ensure compliance withthis policy. CityCouncilmembersdo not have any personal privacy rights in any matter created, received, stored in, or sent from any City issued device, and the City Council shall institute appropriate practices and procedures to ensure compliance with this policy.
City Councilmembers will be required to sign the certification statement below acknowledging the understanding of and compliance with this policy.
Section 13. General Policv:
Upon full implementation, City Administration will cease to print Agenda Packets in hard copy for those Councilmemberswhouseapersonal deviceorCityfurnishedlaptoportablet. Citystaffwill printan agenda packet for those Councilmembers who do not use a personal or City furnished device. City Councilmembers who use an electronic device may request printed hard copies of certain agenda reports or packet materials. Prints of Iarge documents such as maps will be provided by the Responsible Department to the City Council separate from the agenda packet.
The Administrative Services Department (Responsible Department for lTServices) will serve as the primarystaff supportforthe general use of the device and the applications; will provide procurement services and technical support for users; and will provide training through the City's lTVendor to City Councilmembers on the use and care of the Electronic(s).
The replacement schedule for the device is 4 years. Any replacement or upgrade required prior to that time will be paid from City budget. City Councilmembers will be notified by e-mail when the agenda packet is available for download. The packet may be downloaded from any location where the user has a wireless connection.
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025
City Council Policy Number 11
Electronic Device PolicY
All previous versions of this policy and resolution have been rescinded Approved March \8,2025
PERSONAL ELECTRONIC DEVICE AGREEMENT
l, the undersigned City Councilmember of the City of Sebastopol have been provided a copy of the Cityof Sebastopol Electronic(s) Device Agreement Policy and understand itscontents. lUnderstand that any personal use of the Electronic(s) may be subject to possible review in the context of a public records request or questions regarding or abuse. I further understand that the use of a City-issued Electronic(s) is considered to be a use of public resources and, therefore, is prohibited from being used for campaign activities, other personal use or other purposes which are not authorized by law. lfully accept and understand the terms of the policy and agree to abide by allterms contained in it.
Signature
City Councilmember
Agenda Item Number: 10 Agenda Item Number: 10
City Council Meeting Packet for Meeting of: March 18, 2025