COMMUNICATIONS SYSTEMS A-280 (PRIVACY) FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: COUNTY-PROVIDED EQUIPMENT/PROHIBITED USE
AND PRIVACY ADVISORY NO: A-280
FILE: COMMUNICATIONS SYSTEMS
EFFECTIVE DATE: 03-01-97 REVISED: 05-01-99, 11-01-99, 10-01-01,
06-01-06
AUTHORITY: Sheriff M. Mims APPROVED BY: Captain S. Jones
REFERENCE: Penal Code Sections 631(b)(3) and 632(e)(3); Title 42, U.S. Code
2510(5)(a); U.S. v. Reyes, 59 CrL (BNA) 1403 (S.D.N.Y.1996);
Americans for Effective Law Enforcement (A.E.L.E.), Inc.; Sheriff's
Department Policy and Procedure Manual Section 600(I)(OOO)
and Fresno County Administrative Officer's Management Directives
Manual, Chapter 1300.
PURPOSE:
The purpose of this policy is to advise all Detention Bureau employees of the
circumstances under which the Department may monitor and/or inspect County-owned or
provided equipment and devices.
POLICY:
It is the policy of the Fresno County Sheriffs Department Detention Bureau that when
reasonable suspicion exists to indicate that County-owned or provided equipment may
have been used in violation of the law or policy, the County has the right to monitor or
inspect those items as directed by this policy.
It is the policy of the Fresno County Sheriffs Department Detention Bureau that unless
specifically authorized by this policy, all County-owned or provided equipment shall be used
for County-related business only.
PROCEDURES:
I. COMMUNICATIONS SYSTEMS
A. Various communications systems are provided by the Countyfor use by
the Sheriff's Department employees. They include both
contemporaneous and prerecorded communications,which include, but
are not limited to:
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: COUNTY-PROVIDED EQUIPMENT/PROHIBITED USE
AND PRIVACY ADVISORY NO: A-280
FILE: COMMUNICATIONS SYSTEMS
1. Telephones and tele-facsimile (FAX) devices
2. Electronic mail (e-mail) systems
3. Voice and video recorders and players
4. Radio and paging systems
5. Bulletin boards and other places where documents, paper mail
and messages are posted or stored.
B. No one shall access communications intended solely for another
employee unless requested to do so by the intended recipient, or
directed to do so by a supervisor as part of an official investigation.
C. No encryption program(s)shall be used without management approval.
D. Under no circumstances will a telephone conversation be monitored or
recorded without a valid search warrant or court order.
II. PROHIBITED USE OF COMMUNICATIONS SYSTEMS
A. No communications systems shall be used-
1. To threaten, intimidate or embarrass another person.
2. To send images that contain nudity, or to send images or words of
a prurient or sexually suggestive nature, even if the recipient has
consented to or requested such material.
3. To send jokes or comments that tend to disparage or degrade a
person or group because of race, ethnic background, national
origin, religion, gender, sexual orientation, marital or parental
status, age, verbal accent, source of income, physical appearance
or agility, mental or physical disability or occupation.
B. Use of County e-mail services are further restricted and shall not be
used:
1. For commercial or private business purposes
2. To distribute hoaxes, chain letters or advertisements
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: COUNTY-PROVIDED EQUIPMENT/PROHIBITED USE
AND PRIVACY ADVISORY NO: A-280
FILE: COMMUNICATIONS SYSTEMS
3. To send, forward and/or reply to large distribution lists concerning
non-County business
4. To transmit copyrighted material, including software, research data
and manuscripts without the consent of the copyright holder
C. Personal telephone calls shall be limited to calls determined to be
essential. Any personal calls billed to the County shall be reimbursed to
the Sheriff's Department Business Office on a monthly basis.
1. Calls that can wait to be made from a regular phone should be
handled as such, whenever possible.
2. Personal cell phones shall not be utilized in assigned duty areas.
D. Access to the Internet shall be for the purpose of conducting County
business. It is unacceptable for a user to use, submit, publish, display
or transmit on the network or on any computer system any information
which-
1. Violates or infringes on the rights of any other person, including
the right of privacy.
2. Contains defamatory, false, inaccurate, abusive, obscene,
pornographic, profane, sexually oriented, threatening, racially
offensive, or otherwise biased, discriminatory, or illegal material.
3. Uses the system for any illegal purpose.
4. Conduct any non-approved business, or engage in any activity for
personal gain or personal business transactions.
5. Solicit the performance of any activity that is prohibited by law.
6. Transmit material, information, or software in violation of any local,
state or federal law.
7. Conduct any political activity.
8. Conduct any non-governmental-related fund raising or public
relations activities.
9. Make any unauthorized purchases.
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FRESNO COUNTY SHERIFF'S OFFICE
JAIL DIVISION POLICIES AND PROCEDURES
TITLE: COUNTY-PROVIDED EQUIPMENT/PROHIBITED USE
AND PRIVACY ADVISORY NO: A-280
FILE: COMMUNICATIONS SYSTEMS
E. Classified, confidential, sensitive, proprietary or private information or
data must not be disseminated to unauthorized persons or
organizations.
III. PRIVACY ADVISORY
A. Whenever reasonable suspicion exists to indicate that a law or County
policy has been violated, the Department has the right to-
1. Monitor data, voice and electronic mail boxes, pager memory
banks and other electronic storage systems.
2. Read electronic messages and inspect documents sent to or from
anyone within the Department, including the deciphering of
encrypted text and the removal or inspection of software installed
on employer-provided computers.
B. Employees must not have any expectation of privacy. The County has
the right to monitor the communications of employees when they use
County resources as a means of conveyance. Such monitoring
includes frequency, parties or addresses, and location of
communications. Use of passwords does not alter the County's right in
this regard.
C. E-mail communication is accessible at any time by County Department
Heads for any County business purpose and is subject to periodic
unannounced inspections. The content of e-mail distributed on the
County e-mail or Internet system may be disclosed within the County
without the user's knowledge or permission. Any user of the e-mail
system whose actions involving e-mail violate this policy may be subject
to limitations or eliminations of e-mail privileges, as well as other
disciplinary actions.
D. Absent a valid emergency involving personal safety, County-owned or
provided offices, file cabinets, desks, lockers and vehicles may only be
searched with the consent or in the presence of the employee.
Inspections conducted without the consent or physical presence of the
employee shall only be conducted with a valid search warrant or court
order.
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