City Attorney Unveils Proposed E-Mail PolicyMay 3rd, 2008
By Tammy Gray-Searles
“As you will note, the e-mail policy gives the City of Holbrook the right to review all e-mails. In addition, it clearly informs employees that they have no right to believe or assert that the contents of any of their city e-mails are private,” stated a memorandum from City Attorney Sterling Solomon regarding a pro-posed e-mail policy.
Members of the city council had asked Solomon to draft a policy for reviewing e-mails after former city employees raised objections to council members periodically reviewing e-mails generated by staff members. Solomon explained in the memorandum that he reviewed e-mail policies from both private businesses and government agencies in order to craft a clear policy. He noted that the city has the right, at any time, to review all e-mails.
“The city’s right to search and review e-mails is just that: a right, not an obligation, therefore, the city may review any e-mails at any time, as it deems appropriate or necessary,” Solomon wrote.
In addition to outlining the city’s right to review e-mails, the policy covers other topics, such as prohibited uses of e-mail, personal use of e-mail and the reason behind the creation of an e-mail policy. If adopted by the council, the policy will apply to “all employees, vendors and agents operating on behalf of the City of Holbrook.”
The purpose of the policy “is to prevent tarnishing the public image of the City of Holbrook. When e-mail goes out from the City of Holbrook, the general public will tend to view that message as an official policy statement from the City of Holbrook.”
Prohibited uses of e-mail, under the proposed policy, include, “any disruptive or offensive messages, including comments or content related to race, gender, hair color, disabilities, age, sexual orientation, pornography, religious beliefs and practice, political beliefs or national origin.” The policy notes that any employee receiving such e-mails from another employee should report it to his or her supervisor.
The policy does allow limited personal use of city e-mail accounts “providing job performance is not affected.” Forwarding of chain or joke e-mails, or mass e-mails is prohibited.
As for monitoring, the proposed policy states, “City of Holbrook employees shall have no expectation of privacy in anything they store, send or receive on the company’s e-mail system. The City of Holbrook, or its council members, or any agents of the City of Holbrook may monitor messages without prior notice. The City of Holbrook is not obliged to monitor e-mail messages.”
The policy concludes with a statement noting that violations could result in disciplinary action, including termination.
“Any employee found to have violated this policy may be subject to disciplinary action, up to and including termination of employment,” it states.
Solomon noted that he will be presenting the policy to the council for approval at a future meeting along with other proposed changes to the city’s personnel manual. In his memorandum, Solomon also noted that other changes are awaiting the resolution of outstanding personnel matters.
“…staff is currently working on revisions to the personnel manual. Due to the fact that current person-nel matters are still underway, including (former economic development director) A’kos Kovach’s appeal of his dismissal, the suggested changes to the personnel manual will be presented to the council upon com-pletion of those personnel matters,” Solomon wrote.
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