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Los Angeles COE |  BP  4040  Personnel

Acceptable Use Of Technology - SP   

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The Los Angeles County Superintendent recognizes and supports advances in technology. While these technologies provide a valuable resource to the Office, it is important that the Office's use of technology be appropriate for Office purposes. Inappropriate use of Office technology may result in loss of employee productivity, service, compromised security, lost data, and other negative consequences.

Definitions

"Authorized Possessor of an Office-owned portable device" means the possessor of Office-owned portable devices (including but not limited to tablets, laptops, cellular phones, and flash drives) who the Office has authorized to possess those devices. Office-owned portable devices may be given to staff members to carry out the Office's mission. Upon receipt of an Office-owned portable device, the staff member is the authorized possessor as defined by the California Electronic Communications Privacy Act (also known as CalECPA or SB 178). Staff members understand and acknowledge that the Office may, at any time, without cause, confiscate and/or electronically access any Office-owned portable device and search the electronic information stored therein. Upon such confiscation or electronic access, the staff member is no longer the authorized possessor of the Office-owned portable device.

"Office computing devices" include computers, mobile devices, tablets, and any other Office-owned equipment that stores, generates, or transmits information in an electronic form.

"Office network communication systems" include but are not limited to, the Office email system, phone system (including voicemail), the Office's on-line collaboration and file storage services, cloud network and cloud systems, and the computer network including internet access through the network.

"Office technology" includes Office computing devices and Office network communication systems. Office technology, including the data and products of its use, is the property of the Office.

"Users of Office technology" include each and every employee, student, parent, volunteer, contractor, or other individual who has been authorized to possess or use Office technology.

Specific Consent

Use of Office technology by each and every employee, student, volunteer, contractor, or other individual shall constitute that person's acknowledgment of and agreement to abide by this policy. Users of Office technology grant specific consent, as defined by CalECPA, to the Office to review and monitor electronic communication information and electronic device information created, stored, or transmitted on the Office's computing devices and network communication systems. Users of Office technology should be aware that any data they create, store, or transmit on the Office's network communication systems are not private and remain the property of the Office. The Office reserves the right to monitor all files, programs, applications, internet traffic, and communications that reside on Office computing devices, servers, and cloud systems or travel over its network communication systems at any time without additional notice or consent.

Office technology is the property of the Office. Use of Office technology is a privilege and also a requirement, not a right. Users of Office technology shall not have an expectation of privacy in their use of Office technology. The Office reserves the right to monitor use of Office technology to ensure public resources are appropriately used for Office-related business and to ensure that the Office's policies and regulations regarding harassment and nondiscrimination as well as other applicable policies and regulations, are being followed. Any use of Office technology for personal use must be minimal and not interfere with Office business or job duties.

Users of Office technology shall not engage in prohibited uses, as defined in the regulation to this policy. Any violations of this policy or regulation shall result in consequences up to and including disciplinary, civil, and/or criminal action.

Office supervisors are required to consistently and uniformly enforce the Acceptable Use of Technology policy, regulation, and agreement, as well as procedures provided by the Department of Technology Services.

The Superintendent, or designee shall establish an Acceptable Use of Technology Agreement that outlines the obligations and responsibilities of users of Office technology. Upon employment, and whenever significant changes are made to the Office's Acceptable Use of Technology Agreement, employees shall be required to acknowledge in writing or via electronic signature that they have read and agreed to the Acceptable Use of Technology Agreement.

Employees are expected to review, understand, and abide by the Acceptable Use of Technology policy, regulation, agreement, and any accompanying procedures provided by the Department of Technology Services. These documents are legally binding on employees, whether or not they have signed the Acceptable Use of Technology Agreement. Any employee who violates any provision of the Acceptable Use of Technology policy, regulation, agreement, or procedures shall be considered as having acted in an individual capacity and outside the scope of employment, and, as such, may be subject to disciplinary action, up to including termination or criminal prosecution by government authorities.

Employees are required to use office accounts when conducting agency business and not personal accounts. Staff provided stipends to use their personal phone/device must still use office accounts when conducting business on their personal phone/device. Such staff should also recognize that the Public Records Act applies to agency communications regardless of whether the device used is an agency device or a personal device. In addition, text messages are not archived by the office, however, staff may be asked to search for and provide text messages on their devices and sign a sworn statement to that effect, as part of a Public Records Act Request.

(cf. 6163.4 - Student Use of Technology)

(cf. 1114- LACOE Approved Social Media)

Legal Reference:

EDUCATION CODE

52295.10-52295.55 Implementation of Enhancing Education Through Technology grant program

GOVERNMENT CODE

3543.1 Rights of employee organizations

PENAL CODE

502 Computer crimes, remedies

632 Eavesdropping on or recording confidential communications

VEHICLE CODE

23123 Wireless telephones in vehicles

23123.5 Mobile communication devices; text messaging while driving

23125 Wireless telephones in school buses

UNITED STATES CODE, TITLE 20

6751-6777 Enhancing Education Through Technology Act, Title II, Part D, especially:

6777 Internet safety

UNITED STATES CODE, TITLE 47

254 Universal service discounts (E-rate)

CODE OF FEDERAL REGULATIONS, TITLE 47

54.520 Internet safety policy and technology protection measures, E-rate discounts

Management Resources:

WEB SITES

CSBA: http://www.csba.org

American Library Association: http://www.ala.org

California Department of Education: http://www.cde.ca.gov

Federal Communications Commission: http://www.fcc.gov

U.S. Department of Education: http://www.ed.gov

Policy LOS ANGELES COUNTY OFFICE OF EDUCATION

adopted: March 28, 2017 Downey, California