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RESOLUTION 1997-44
A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE
TOWN OF FOUNTAIN HILLS,ARIZONA,AMENDING THE PERSONNEL
POLKTES AND PROCEDURES FOR THE TOWN OF FOUNTAIN HILLS
BY REPEALING POLICY 4.13 AND ADOPTING A NEW POLICY 4.13
REGARDING NEPOTISM;AMENDING POLICY 6.4 VACATION LEAVE
BY ADDING A NEW SECTION FOR EXCESS ACCRUAL BUY BACK;
AMENDING POLICY 15.11 TOWN OWNED VEHICLES AND EQUTPMENT
BY ADDING A NEW SECTION FOR CONTROLLED SUBSTANCE AND
ALCOHOL TESTING PROCEDURES;AND BY ADDING A NEW POLICY
16 REGARDING INTERNET USES AND SECURITY POLICY.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE TOWN OF FOUNTAIN HILLS,ARIZONA,AS FOLLOWS:
Section1.ThattheTownhasadoptedpersonnelpoliciesand procedures andthattheCouncil
wishestoamend those policiesand procedures asfollows.
Section 2.Thatpolicy 4.13 presentlyprohibitingnepotismisrepealedandanewpolicy 4.13 to
allowforemployment of relativesundercertaincircumstancesisattachedheretoasExhibit"A".
Section 3.Thatpolicy 6.14 regardingvacationleaveisamendedbyaddinganew paragraph that
provides for the buyback of excessaccrualand that amendment is attached hereto asExhibit"B".
Section4.That policy 15.11 regardingTownownedvehiclesandequipmentisamendedby
addinganewsubsectionCprovidingfortestingforcontrolledsubstanceandalcoholatthediscretion
ofthe investigating officer orsupervisorandthenewamendmentis attached heretoasExhibit"C".
Section5.Thatanewpolicy 16 regardingInternetusageandsecurityis attached heretoas
Exhibit "D".
Resolution 1997-44
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PASSED AND ADOPTED bythe Mayor andCommonCouncil of the Town of Fountain Hills,
Arizona this 4th day of September,1997.
FOR THE TOWN OF FOUNTAIN FULLS:ATTESTED TO:
REVIEWED BY:
Paul L.Nordin,Town Manager
Z:\WPDATA\FH\RES\1997-45.RES
Cassie B.Hansen,Town Clerk
APPROVED AS TO FORM:
WilliamE.Farrell,Town Attorney
Resolution 1997-4^
Page 2 of2
4.13 NEPOTISM
EXHIBIT "A"if
RESOLUTION 1997-4S
A relative of aregular full timeemployeemaybeconsideredforemploymentwiththeTown
inanydepartmentunlessthe employment wouldcreateadirectorindirectsupervisory-
subordinate relationship.Employeeswhomarry,orbecomerelatives of anotherregular full
timeemployeebymarriage,maycontinue employment solongasthereisnotadirector
indirectsupervisor-subordinate relationship.Forthepurposes of thispolicyrelativemeans
thespouse,child,child's child,parent,grandparent,brother orsister of thewholeorhalf
blood andtheir spouses andtheparent,brother,sisterorchild of aspouse.Town reserves
the option to transfer ordismissaffectedemployees.
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EXHIBIT "B"
RESOLUTION 1997-4^
6.4 VACATION LEAVE
H.Excess Accrual Buy Back
Atthelastpayperiodof December ofeach calendar yeartheTownshallcalculatethenumber
of hours ofvacationleaveaccruedbyeachfulltime employee.Foreachfulltimeemployee
who has exceeded the maximum amount of accrual as set forth in Section B.above a sum
equaltoeightypercent(80%)of therate of thethencurrentrate of payforeachemployee
will beaddedtothe employee's paycheck,subjecttoalldeductions,andwillbepaidwiththe
lastpaycheck of thecalendaryear.Thetotalnumber of hoursaccruedinexcess of the
maximumallowableratewillbedeductedfromthe employee's accumulationandthe
employee will start thenext calendar yearatthemaximumlevel.
EXHIBIT "CCJLAJtilJSll"L,
RESOLUTION 1997-4^
15.11 TOWN OWNED VEHICLES AND EQUIPMENT
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If intheopinion of theMarshalortheemployee'ssupervisorthereisreasontobelievethat
the employee mayhaveused alcohol or controlled substance,theMarshalorsupervisormay
immediately instructtheemployeetocomplywiththe Town's establishedcontrolled
substances andalcoholusetestingprogram.
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XVI TOWN PROPERTY
EXHIBIT "D"
RESOLUTION 1997-4^
Attachedheretoare five (5)pages consisting ofthenewpolicy numbered 16.1 regarding
Internet usageandsecuritypolicy.
NSfjptl/
TOWN OF FOUNTAIN HILLS Effective 1/96
1.Notify their Supervisor andthe Town Clerk's officeassoonas
possible.TheSupervisorshallinspectpropertydamageandobtain
estimateofrepairor replacement cost.
2.File a Vehicle/Property Damage incident report within two working
days.
15.12 RETURN OF TOWN PROPERTY
AnemployeewholeavestheTownserviceduetoretirement,layoffor dismissal,
is responsible for returning any Town property inhisorher possession.Any
badge,identification card,creditcardorother item certifying position or authority
mustalsobereturned.Thefinalpaycheckoftheemployeeshallbewithhelduntil
suchpropertyanditemsarereturnedor arrangements forpaymentaremadein
lieu thereof.
15.13 TOWN EMPLOYEE CODE OF ETHICS
NoemployeeoftheTownofFountainHillsmayatanytimeusethefactofhis
Townemploymenttosecureunwarrantedprivileges,obtainpersonalgain,or
influence the policies and actions of Town officials onbehalfofany special
interest or persons.
XVI.TOWN PROPERTY
16.1 INTERNET USAGE AND SECURITY POLICY
A.Introduction
All employees granted internet access,utilizingTownofFountainHills
facilities,willbeprovidedwithawrittencopyofthispolicy.
TheTownofFountainHillswilllimitInternetaccesstothoseemployees
who demonstrate a legitimate business need.
B.Definitions:
Certain termsinthis policy should be understood expansively toinclude
related concepts.
1.Town of Fountain Hills -includes all branches of Town
Government.
2.Document -covers anyfilethatcanbereadona computer screen
asifitwerea printed page,including the so-called HTML files
readinan Internet browser,anyfilemeanttobeaccessedbya
Personnel Policies and Procedures 41
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TOWN OF FOUNTAIN HILLS Effective 1/96
word processing or desk-top publishing program oritsviewer,or
thefiles prepared forthe Adobe Acrobat reader and other
electronic publishing tools.
3.Graphics -includes photographs,pictures,animations,movies,or
drawings.
4.Displav-includesmonitors,flat-panelactiveorpassivematrix
displays,monochrome LCDS,projectors,televisions andvirtual-
reality tools.
5.Firewall -any software,hardware,or combination that functions to
protect,control access toor from any Town of Fountain Hills
network.
Policy Provisions
1.Management and Administration
a.The Town of Fountain Hills has software and systems in
placethat can monitor and record all Internet usage.Our
security systems are capable of recording (for each and
every user)each World Wide Web sitevisit,each chat,
newsgroup or e-mail message,and each file transfer into
and out of our internal networks,and the Town reserves the
right todosoatany time.No employee should haveany
expectation of privacy astohisorher Internet usage.The
Town Manager may review Internet activity and analyze
usage patterns,and may choose to publicize this data to
assure that Town of Fountain Hills Internet resources are
devoted to maintaining the highest levels of productivity.
b.Colleagues,citizens or occasional users may deem awide
variety of materials offensive.Itisa violation of Town of
Fountain Hills policy tostore,view,printor redistribute
any document or graphic filethatisnotdirectlyrelatedto
the users job orthe Town of Fountain Hills'business
activities.The Town reserves therightto inspect anyand
allfiles stored in private areas of its network in order to
assure compliance with policy.
c.The display of anykindof sexually explicit imageor
document onany Town of Fountain Hillsowned system
maybeaviolationofTownpolicyonsexualharassment.
Inaddition,sexually explicit materialmaynotbearchived,
stored,distributed,edited or recorded using the Town's
Personnel Policies and Procedures 42
TOWN OF FOUNTAIN HILLS Effective i %
network or computing resources.
d.TheTownof Fountain Hillsusesindependentlysupplied
softwareanddatatoidentify inappropriate orsexually
explicit Internet sites.Access maybe blocked fromwithin
our networks to all such known sites.If a user finds that
they have accidently connected toasitethat contains
sexually explicit or offensive material,theymust disconnect
from that site immediately,regardless of whether thatsite
hadbeen previously deemed acceptable byany screening or
rating program.
e.The Town of Fountain Hills'Internet facilities and
computing resources shall notbe used to violate thelaws
and regulations of the United States,orany other nation,or
the laws and regulations of anystate,cityor province,or
other local jurisdiction inany material way.Use of any
Town owned or provided resources for illegal activity is
grounds for immediate termination.
f.Any software or files downloaded,viathe Internet intothe
Town of Fountain Hills'network,becomes the property of
the Town of Fountain Hills.Any such filesor software
maybe used only in ways that are consistent with their
licenses or copyrights.Employees with Internet access may
download only software with direct business use,and must
arrange to have such software properly licensed and
registered.
g.NoonemayusetheTownof Fountain Hills'Internet
facilities to deliberately propagate any intentionally
malicious or destructive computer programs including but
not limited to:viruses,worms,Trojan horse,or trap-door
program codes.
h.Noonemayusethe Town of Fountain Hills'Internet
facilities knowingly to disable or overload any computer
systemornetwork,ortocircumventanysystemintendedto
protecttheprivacyorsecurityofanotheruser.
i.EachemployeeusingtheInternetfacilitiesoftheTownof
Fountain Hillsshallidentify himself honestly,accurately,
Personnel Policiesand Procedures 43
TOWN OF FOUNTAIN HILLS Effective 1/96
and completely (including one's TownofFountainHills
affiliation and function where requested)when participating
inchatsor newsgroups,orwhensettingup accounts on
outside computer systems.
j.Onlythoseemployeesorofficialswhoaredulyauthorized
tospeakonbehalfoftheTownofFountainHillsmay
speak/write inthe name of the Town of Fountain Hillsto
anynewsgrouporchatroom.Otheremployeesmay
participate in newsgroups orchatsinthecourseofbusiness
whenrelevanttotheirduties,buttheydosoasindividuals
speakingforthemselves.Whereanindividualparticipant
is identified asan employee oragentoftheTownof
FountainHills,theemployeemustrefrainfromany
unauthorized political advocacy andmustrefrainfromthe
unauthorizedendorsementorappearanceofendorsementby
theTownofFountainHillsofanycommercialproductor
service notsoldor serviced bythe government oftheTown
of Fountain Hills.Onlythose managers,staff membersand
Town of Fountain Hills'officials who are authorized to on
behalf oftheTownof Fountain Hillsmaygrantsuch
authorityto newsgroup orchatroomparticipants.
k.TheTownof Fountain Hillsretainsthe copyright toany
material posted toanyforum,newsgroup,chatorWorld
Wide Web page byan employee inthe course of hisorher
duties.
1.Employees are reminded that chats and newsgroups are
public forumswhereitis inappropriate toreveal
confidential Town of Fountain Hills information,data,and
any other material covered by existing Town of Fountain
Hills policies and procedures.Employees releasing
protected information viaa newsgroup or chat -whether or
not the release is inadvertent -willbe subject toall
penalties under in existing data security policies and
procedures.
m.Use of Town of Fountain Hills'Internet access facilities to
commit infractions such as misuse of Town of Hills assets
or resources,sexual harassment,unauthorized public
speaking,and misappropriation ortheftof intellectual
Personnel Policies and Procedures 44
TOWN OF FOUNTAIN HILLS Effective \m
property arealso prohibited by general Town of Fountain
Employee policy andwillbe sanctioned under therelevant
provisions of the personnel handbook.
n.The Town of Fountain Hillswill comply withauthorized
requests fromlaw enforcement and regulatory agenciesfor
logs,diaries and archives on individuals'Internet activities.
o.Employees with Internet accessmusttake particular careto
understand the copyright trademark,libel,slander,and
public speech control laws of all countries in which the
Town of Fountain Hills maintains a presence,sothatour
use of the Internet does not inadvertently violate anylaws
which might be enforceable against us.
p.Employees with Internet access maynot upload any
software licensed to the Town of Fountain Hills or data
owned or licensed bythe Town of Fountain Hills without
explicit authorization fromthe Town Manager or designated
responsible authority.
2.Technical
a.User IDs and passwords help maintain individual
accountability for Internet resource usage.Any employee
who obtains a password or ED foran Internet resource must
keep that password confidential.Town of Fountain Hills'
policy prohibits the sharing of userIDsor passwords
obtained for access to Internet sites.
b.Employees should schedule communications-intensive
operations suchaslargefile transfers,videodownloads,
mass e-mailings,andthelikefor off-peak times.
c.All software available on the Internet must be scanned for
Trojan Horsecodeor computer virusesonceithasbeen
downloaded toa Town of Fountain Hills'computer.All
downloaded software should be loaded preferably ontoa
floppydiskandnottothesystemharddisk.Onceyouare
reasonably assuredthatthe downloaded softwaredoesnot
containTrojanhorsesor computer viruses,itcanbeplaced
onthe hard drive.Ifthe software willnotfitonafloppy
disk,thentheonly option istheharddisk.
Personnel Policies and Procedures 45
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TOWN OF FOUNTAIN HILLS Effective 1/96
All downloaded software must be scanned fora
potentially harmfulcodebeforeitis executed onany
Town owned computer.
d.Video and audio streaming and downloading technologies
represent significant data traffic,which can cause local
network congestion.Video and audio downloading should
be avoided andonlybe scheduled for off-peak times.
3.Security
a.TheTownof Fountain Hills has installed a variety of
firewalls,proxies,Internet address screening programs,and
other security systems to assure the safety and security of
theTownof Fountain Hills'networks.Any employee or
userwho attempts to disable,defeat,or circumvent any
Townof Fountain Hills'security facility will be subject to
immediate termination.
b.Computers thatuse their own modems to create
independent data connections toany outside computer can
beusedbyanattackertocompromiseanyTownof
FountainHills'networktowhichthatcomputerisattached.
Thatiswhyany computer usedfor independent dial-up or
leased-line connectionstoanyoutsidecomputerornetwork
must be physically isolated from Town of Fountain Hills'
internalnetworksatthetimeofanymodemuse.
c.Only those Internet services and functions with documented
business purposes forthe Town of Fountain Hillswillbe
enabled at the Internet firewall.
d.TownofFountainHills'networksecuritypolicyrequires
thatallFTPtransactionsbeblockedatthefirewallexcept
to machines isolated from secure data.However,users with
aspecificbusinessneedforFTPmayrequestsuchaccess
in writing to Information Systems.
Personnel Policies and Procedures 46
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TOWN OF FOUNTAIN HILLS Effective i/%
Please read the following and sign:
"Ihave received a written copyofmyTownof Fountain Hills'Internet usagepolicy.Ifully
understand the terms of this policy and agree to abide by them.I realize thatthe Town of
Fountain Hills'security software may record for management usethe Internet addressofanysite
thatIvisitandkeepa record of any network activity in which I transmit or receive anykindof
file.I acknowledge that any message I send or receive may be recorded and stored inan archive
filefor management use.I know that any violation of this policy could lead to dismissal or even
criminal prosecution."
<w Employee Name:
Date:
Personnel Policies and Procedures