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HomeMy WebLinkAbout05/22/2012 Staff: City Council Members: Rhonda Smiley, Assistant to the City Manager Sue Benham, Chair Jacquie Sullivan Rudy Salas Regular Meeting of the Legislative and Litigation Committee of the City Council – City of Bakersfield Tuesday, May 22, 2012 12:00 p.m. City Hall North First Floor – Conference Room A 1600 Truxtun Avenue, Bakersfield CA 93301 A G E N D A 1. ROLL CALL 2. ADOPT MARCH 19, 2012 AGENDA SUMMARY REPORT 3. PUBLIC STATEMENTS 4. DEFERRED BUSINESS A. Discussion and Recommendation Regarding Electronic Communications – Gennaro / Tandy / Smiley 5. COMMITTEE COMMENTS 6. ADJOURNMENT City Council Members: Rhonda Smiley, Assistant to the City Manager Sue Benham, Chair Jacquie Sullivan Rudy Salas AGENDA SUMMARY REPORT Regular Meeting of the LEGISLATIVE AND LITIGATION COMMITTEE Monday, March 19, 2012 - 12:00 p.m. City Hall North First Floor – Conference Room A 1600 Truxtun Avenue, Bakersfield, CA 93301 The meeting was called to order at 12:00 PM. 1. ROLL CALL Present: Councilmember Sue Benham, Chair Councilmember Jacquie Sullivan Councilmember Rudy Salas Staff Present: Alan Tandy, City Manager Ginny Gennaro, City Attorney Rhonda Smiley, Asst. to the City Manager Richard Iger, Associate Attorney Steven Teglia, Asst. to the City Manager Raul Rojas, Public Works Director Chris Huot, Administrative Analyst Brad Underwood, Asst. Public Works Director Eddie Chavez, Interim I.T. Director Ryan Starbuck, Traffic Engineer Greg Williamson, Police Chief John Ussery, Engineer Nick Fidler, General Services Superintendent Others Present: Brandy Midkaff, Independent Living Center Antonie Boessenkool, Bakersfield Californian Legislative and Litigation Committee Agenda Summary Report March 19, 2012 Page 2 2. ADOPT FEBRUARY 21, 2012 AGENDA SUMMARY REPORT Adopted as submitted 3. PUBLIC STATEMENTS None 4. DEFERRED BUSINESS None 5. NEW BUSINESS A. Discussion and Recommendation Regarding the Ordinance Prohibiting Parking at Bus Stops – Gennaro / Underwood Public Works Director Raul Rojas stated that staff worked with the members of the Independent Living Center to identify the high priority locations needing curb painting while GET finalizes their reorganization. Eight locations were identified, and staff determined the appropriate course of action, as follows: 1. Baker, 64’ south of Monterey (Northbound) - continue with the existing timed parking, as to not place undue hardship on the adjacent bank as their customers use the spaces for parking 2. Baker, 64’ south of Monterey (Southbound) – Install “No Parking” Signs 3. Monterey east of Baker (Eastbound) – install “No Parking” Signs” The following locations are currently designated as “No Parking” zones and require no changes: 4. Niles east of Baker (Westbound) 5. H Street 200’ north of Fairview (Southbound) 6. H Street 200’ north of Fairview (Northbound) 7. Office Park 90’ south of Truxtun Avenue (Southbound) 8. Ridgeview High School (Southbound) Brandy Midkaff, representing Independent Living Center stated she was not part of the team who identified the high priority locations and that a citywide approach to have “No Parking” zones at all bus stops would increase the safety for visually impaired. Ms. Midkaff also stated that once GET finalizes their reorganization of routes and bus stops, several bus stops currently in front of business will be relocated. Committee member Rudy Salas asked how the clearance distance requirement was determined for each bus stop. Committee member Salas also asked if the clearance distance could be reduced at the Baker and Monterey northbound bus stop. Legislative and Litigation Committee Agenda Summary Report March 19, 2012 Page 3 Traffic Engineer Ryan Starbuck stated GET would like 140’ clearance; it can be reduced if a drive up approach can be utilized by the bus. Traffic Engineer Starbuck stated it may be possible to decrease the clearance distance if the stop were moved closer to the intersection. Committee Chair Benham expressed concern for the safety of the bus and the passengers embarking and disembarking. Committee member Salas made a motion to install the “No Parking” signs at the two locations discussed above and review the location of the Baker and Monterey northbound bus stop to safely reduce the clearance. The motion was unanimously approved. B. Discussion and Recommendation Regarding Electronic Communications – Gennaro / Tandy Assistant to the City Manager Rhonda Smiley provided a report addressing questions posed by the committee members at the February 21, 2012 Legislative and Litigation Committee meeting. 1. How the City’s current e-mail retention policies can be strengthened and clarified. Staff is currently in the process of formulating an e-mail retention policy training course for all City employees who utilize a computer as part of their job responsibilities, and proposes to implement such a program in the near future. Such a program would be most effectively done through electronic presentation, via the City’s intranet system. It would also provide staff the capability to accurately monitor and confirm that the required training has been properly completed. 2. How does the City of Fresno view their e-mail retention policy and related issues, from a time and taxpayer perspective. The City of Fresno has invested approximately $192,000 in costs for their Symantec Enterprise Vault System. In addition, they expect to incur approximately $28,000 per year in annual maintenance costs. They are currently re-examining their policy due to concerns that indefinite retention may become problematic in terms of retrieval, from a technical, time, and expense perspective. They also have concerns related to the significant staff time necessary to respond to public records requests. As a result of these issues, Fresno is considering revising their practice of keeping all e- mails indefinitely by instituting the “reasonable guidelines” included in their current policy, which their staff indicates will likely result in a five year retention period. Legislative and Litigation Committee Agenda Summary Report March 19, 2012 Page 4 3. Examine the policy utilized by some State agencies that limits the size of the user’s e-mail box to determine the practicality of applying such policy for the City’s e-mail system. There are major drawbacks to applying a policy that limits a user’s mailbox, including, but not limited to, determining the actual capacity limits and the size of e-mails received by each user. Exceptions would be required for users who receive e-mails with large attachments, as their inboxes would fill to capacity far sooner than others who do not receive these kinds of e- mails. This creates administrative and efficiency issues as requests to change mailbox quota sizes would become a repeated occurrence, negating the intent of the policy. An additional concern would be an unexpected leave or vacation of an employee whose mailbox has reached capacity. This could potentially result in a loss of important and, in some circumstances, critical information which could be detrimental to City business and operations. City Manager Alan Tandy stated the training program will provide an overview of the legal parameters and the City’s policy with practical questions regarding implementation. Committee Chair Benham asked when the employee training program would be ready for implementation and if the Committee could be presented with an overview of the contents at the next meeting. Assistant to the City Manager Smiley stated it was possible to have the preliminary program contents completed in the next few weeks and could be presented to the Committee at the next scheduled meeting. 6. COMMITTEE COMMENTS None 7. ADJOURNMENT The meeting adjourned at 12:37 cc: Honorable Mayor and City Council M E M O R A N D U M CITY ATTORNEY May 18, 2012 TO: LEGISLATIVE AND LITIGATION COMMITTEE Sue Benham, Chair Jacquie Sullivan Rudy Salas, Jr. FROM: VIRGINIA GENNARO, CITY ATTORNEY SUBJECT: E-MAIL VIDEO SCRIPT _____________________________________________________________________________ In response to the Committee’s direction, Staff is in the process of developing an educational video, which, when approved, will be required for viewing by all city staff. The goal is to educate city staff on how to recognize an email that should be retained and the different ways in which to store an email. Before actually filming, we thought it best to develop a script for the Committee’s review to make sure we were following the Committee’s direction. Attached to this memo are two sets of documents. The first one is five pages entitled “E-Mail Training.“ The left column sets forth the Narrator’s proposed script for the slide on the right column. The second set describes the “scenarios” as referred to in the slides that the Narrator introduces. At the Committee meeting, Staff will explain in more detail how we “see” this educational video coming together and we welcome any suggestions for change, including sample scenarios. VG:lsc:dll Attachments S:\COUNCIL\Committee\LEG & LIT\11-12\EmailVideoScript.docx E-Mail Training 5/17/2012 1 Narration Slide 1 “This is a training on e-mail retention. We will review the City’s e-mail policy, define a Public Record, and provide inter-action scenarios to help you determine what should be retained and how to retain it.” 1 E-mail 1 Narration Slide 2 “Let’s review the City’s Electronic Communication Policy and the Public Records Act." 2 3 Electronic Communication Policy E-mails by employees of the City of Bakersfield are a business tool which must be used in accordance with generally accepted business practices and the California Public Records Act. 2 Narration Slide 3 “Also, according to City policy: E-mails are City property and can be accessed for any purpose.” 3 5 Electronic Communication Policy All e-mails are property of the City. The City reserves the right to access and disclose all messages sent electronically over its systems for any purpose. Transmissions are not confidential; therefore, employees have no expectation of privacy in anything that is sent electronically. 3 E-Mail Training 5/17/2012 2 Narration Slide 4 “E-mails should involve City business activities or contain information for the accomplishment of business-related tasks.” 4 7 Electronic Communication Policy E-mails transmitted electronically should be those which involve City business activities or contain information essential to its employees for the accomplishment of business-related tasks, any communication directly related to City business, administration or practices. 4 Narration Slide 5 “Proper etiquette is to be used when e-mailing. If in doubt, remember; would you want your mom to read it?” 5 9 Etiquette Offensive or harassing images, statements or language, including disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religion, or political beliefs is prohibited. Language or images which are insulting, offensive, disrespectful, demeaning or sexually suggestive will not be tolerated. 5 Narration Slide 6 “Sending a carbon copy of offensive e-mails to a separate party is prohibited. Any representation of obscenities will not be tolerated.” 6 11 Etiquette Harassment of any form, sexual or ethnic slurs, and obscenities, or any representation of obscenities will not be tolerated. Sending a carbon copy of these types of offensive e-mails to a separate party is prohibited. 6 E-Mail Training 5/17/2012 3 Narration Slide 7 “Further inappropriate uses are: personal business or communication, messages advising of personnel matters and for sale or want ads.” 7 13 Inappropriate uses Further inappropriate uses are: employee personal business or message communication of a personal nature between employees; messages advising of personnel matters. The City cannot assist employees with any private, profit-making activity. Therefore, private for sale and want ads will not be allowed. 7 Narration Slide 8 “Employees may not use City time, equipment or systems to send messages of political or religious nature.” 8 15 Inappropriate uses Messages of a political nature are prohibited. Employees may not use City time, equipment or systems to either support or oppose campaigns for elected offices. Messages of a religious nature or promoting or opposing religious beliefs will not be allowed. 8 Narration Slide 9 “The following are typically allowable incidental e-mail use which should not be kept.” “Now that we have reviewed the City’s e-mail policy, we will discuss which type of e-mails should be kept and why. For a better understanding of which e-mails should be kept, let’s define what makes a public record.” 9 17 Allowable Incidental e-mails Examples of typical allowable incidental e-mails: Clerk employee e-mails a Finance employee, “are we still on for lunch?” Employee e-mails spouse, “I’ll be late for our appointment, on my way.” Employee receives an e-mail notification from Supreme Court Historical Society, “Your subscription will expire in 30 days, click here to renew.” 9 E-Mail Training 5/17/2012 4 Narration Slide 10 “Public records include any writing containing information relating to the public’s business prepared, owned, used or retained by any state or local agency.” 10 19 What is a Public Record Public records include “any writing containing information relating to the conduct of the public’s business prepared, owned, used or retained by any state or local agency regardless of physical form or characteristics.” 10 Narration Slide 11 “A Public Record is based on the following content. Is the document normally kept for agency business? Does it memorialize an official transaction? Is it a temporary step not necessary for complete public information?” 11 21 Public Record Based on Content Is the document normally kept by the agency in the course of business?(scenario 1) Does it memorialize an official transaction of the public’s business?(scenario 2) Is it merely a temporary step in the process, not necessary for complete and accurate public information? (scenario 3, 4, 5 & 6) 11 Narration Slide 12 “E-mail that is official record may be subject to retention requirements in accordance with the Public Records Act.” 12 23 E-mail Retention E-mail may generate correspondence which may be recognized as official records in need of protection/retention in accordance with the California Public Records Act. Therefore, e-mail may be subject to retention requirements. 12 E-Mail Training 5/17/2012 5 Narration Slide 13 “Staff is responsible for determining if an e-mail is an official record. E-mails of official record must be printed out, kept in document imaging system or stored in (s:) drive.” 13 25 E-mail Retention E-mail which becomes an official record must be either printed out for filing, kept in the City document imaging system or saved to the (S:) drive.(scenario 9) It is the responsibility of staff to determine if an e-mail is an official record and is covered within scope of their department’s records retention schedule. 13 Narration Slide 14 “Here is a retention check list. Keep e-mails that issue policy, states decisions, outlines procedures, shows action, gives guidance, is unique or if you’re not sure. Toss e-mails that confirm appointments, are incidental personal message, transmit documents without comment, advertise, are junk mail.” 14 27 E-mail Retention Check List File It Issues Policy States Decisions Outlines Procedures Shows Action Gives Guidance Is Unique You’re Not Sure Toss It Confirms Appointment Incidental Personal Message Transmits Documents Without Comment Advertisements Junk Mail / Spam 14 Narration Slide 15 “In summary, the e-mail system is a mode of transmission, not a type of record. E- mail can be a record. Implement a filing system. Apply records retention.” 15 29 E-Records Management Summary The e-mail systemis a mode of transmission, nota type of record. E-mail canbe a record. Implement a systematic filing system (printed or in document imaging system). Apply records retention to saved e-mails. 15 Training Scenarios 5/17/2012 1 Scenario 1 The Recreation and Parks Business Manager receives an e-mail from Bug Out with a rate schedule as an attachment to be included as an exhibit in an agreementfor pest control service. Scenario 1 (Q & A) Q:Is the e-mail received a public record? Is the attachment a public record? A:The e-mail itself is not a public record, the attachment is a public record as it is normally kept in the course of agency business. Scenario 2 The TRIP Secretary receives an e-mail that states a federal grant has been awarded to the City that is to be used toward the Widening of Highway 178. Scenario 2 (Q & A) Q:Is the e-mail received a public record? A:The e-mail is public record, it memorializes the award of grant to the agency. Scenario 3 The City Manager for the City of Atlantis receives an e-mail from a Council Member requesting approval of a contract for his or her spouse’s business, Sunshine Windows; for window cleaning of City buildings. Scenario 3 (Q & A) Q:Is the e-mail received a public record? A:The e-mail is public record, as it documents inappropriate use of e-mail. Training Scenarios 5/17/2012 2 Scenario 4 The Police Department is working on a contract for use of the shooting range by Gunman Association. The Administrative Assistant receives an e-mail with changes to a draft contract. Scenario 4 (Q & A) Q:Is the e-mail received a public record? A:The e-mail itself is not public record, it is merely a temporary step in the process not necessary for complete and accurate information. Scenario 5 Public Works project manager gets an e-mail from the outside general contractor giving him a heads up that there is a billing dispute with a subcontractor. The subcontractor is threatening to stop work and will file a stop notice. Scenario 5 (Q & A) Q:File it or Toss it A:Keep it Scenario 6 Clerk Typist e-mails vendor X requesting a Certificate of Insurance. The Office Manager asks Clerk Typist if he can send the certificate via e-mail instead of mailing it and the Clerk Typist agrees. Later that afternoon the Clerk Typist receives an e-mail from vendor X with an attached certificate of insurance. Scenario 6 (Q & A) Q:Is the employee responsible for determining if the e-mail is an official record? A:Yes, since it was known through prior correspondence that no hard copy of the proof of insurance was to follow, the employee must retain it within the scope of their departments retention schedule. Training Scenarios 5/17/2012 3 Scenario 7 Let’s go back to our grant situation (#2), an employee receives an e-mail that is determined to be a public record and needs to be kept. Scenario 7 (Q & A) Q:How can the e-mail which is now a public record be retained? A:In order to retain the e-mail as a public record, the e-mail must be either printed and filed or saved to the document imaging system as e-mails older than thirty (30) days will be automatically deleted from the e-mail system.