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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 J. Zanoni 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: Page 1 of 4 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 Page 2 of 4 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. Page 3 of 4 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. Page 4 of 4