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HomeMy WebLinkAboutResolution 2023-118 Approving the Updated Electronic Communications Retention and Storage Administrative Directive and the Updated Data Storage Administrative Directive MARANA RESOLUTION NO. 2023-118 RELATING TO ADMINISTRATION; APPROVING THE UPDATED ELECTRONIC COMMUNICATIONS RETENTION AND STORAGE ADMINISTRATIVE DIRECTIVE AND THE UPDATED DATA STORAGE ADMINISTRATIVE DIRECTIVE FOR TOWN OF MARANA EMPLOYEES AND ELECTED AND APPOINTED OFFICIALS WHEREAS the Town Council has established broad guidelines and parameters regarding the administration of the Town through the Marana Town Code and other ordinances and policies; and WHEREAS Section 3-2-1(G) of the Marana Town Code provides that the Town Manager shall be the chief administrative officer and head of the administrative branch of the Town and shall execute general administrative supervision and control of the affairs of the Town; and WHEREAS on September 15, 2009, the Town Council by Marana Resolution No. 2009-164 approved and authorized the Town Manager to implement an administrative directive system for carrying out certain administrative functions and providing consistency in the performance of administrative tasks, in the use of Town resources and equipment, and in the implementation of the Town Code and other ordinances and policies; and WHEREAS the administrative directive system approved by Resolution No. 2009-164 included the provision that any administrative directive relevant to the Town's elected and appointed officials would be brought before the Council for its consideration and adoption by resolution; and WHEREAS on March 2, 2010, the Town Council approved Marana Resolution No. 2010-23, adopting the Town's Electronic Mail Retention and Storage directive that applies to Town employees and elected and appointed officials; and WHEREAS on December 16, 2019, the Town Manager issued the Network Storage directive that applies to all Town-managed systems, data storage space, and to all users of the systems and storage space; and WHEREAS these administrative directives now require updating to reflect new usage requirements with the recent adoption of new e-mail, calendar, office software, and collaboration applications; and WHEREAS the Town Council finds that the adoption of a revised Electronic Communications Retention and Storage Administrative Directive and a revised Data - 1 - Resolution No.2023-118 Storage Administrative Directive for Town of Marana employees and elected and appointed officials is in the best interests of the Town. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, AS FOLLOWS: SECTION 1. The Town of Marana hereby approves the revised Electronic Communications Retention and Storage Administrative Directive for Town of Marana employees and elected and appointed officials, attached as Exhibit A and incorporated by this reference in this resolution. SECTION 2. The Town of Marana hereby approves the revised Data Storage Administrative Directive for Town of Marana employees and elected and appointed officials, attached as Exhibit B and incorporated by this reference in this resolution. SECTION 3. The Towri s Manager and staff are hereby directed and authorized to undertake all other and further tasks required or beneficial to implement the Electronic Communications Retention and Storage Administrative Directive and the Data Storage Administrative Directive described respectively in Exhibits A and B. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 21st day of November, 2023. yor Ed Honea ATTEST: David L. Udall, Town Clerk APPROVED AS TO FORM: MAR ANA AZ ESTABLISHED 1977 Jane rail, Town Attorney Resolution No.2023-118 - 2 - MARANA AZ ADMINISTRATIVE DIRECTIVE Title: Data Storage Issuing Department: Technology Services Effective Date: November 21, 2023 Approved: Terry Rozema, Town Manager Type of Action: Revision 1.0 PURPOSE The Town of Marana has established a data storage usage policy in order to preserve the finite amount of data storage space available on Town-managed systems. This policy is designed to curtail the increasing use of Town-managed data storage space for unauthorized,non-business- related files. 2.0 DEPARTMENTS AFFECTED This directive applies to all Town of Marana managed systems and data storage space and to all users of the systems and data storage space. 3.0 REFERENCES 3.1 Town of Marana Personnel Policies and Procedures, Policy 5-4: Use of communications systems and equipment 3.2 Town of Marana Administrative Directive: Network Access & Security 3.3 Town of Marana Administrative Directive: Electronic Communications Retention & Storage 4.0 DEFINITIONS 4.1 Business network or network: Unless the context indicates otherwise, computing network owned and maintained by the Town of Marana for the purposes of conducting Town business including electronic correspondence and data storage,transfer and retrieval. 4.2 Network storage: A computer system that is used as the central repository of data and various programs that are shared by users in a network. 4.3 Local storage: A hard drive directly attached to a computer, laptop, or tablet. This is most often the C: drive on a computer running a Windows operating system. 4.4 External storage: A hard drive or flash drive that is not directly attached to a computer, laptop, or tablet but may be attached for the purposes of storing data. EXHIBIT B to MARANA RESOLUTION NO. 2023-118 - 1 - 4.5 Cloud storage: A model in which data is stored on remote servers accessed from the Internet, or "cloud." It is maintained, operated and managed by a cloud storage service provider. 5.0 POLICIES AND PROCEDURES 5.1 General 5.1.1 Files that directly pertain to the business of the Town may be saved on Town network storage. These include most business files created using Technology Services Department-approved and installed software. 5.1.2 The Technology Services Department regularly backs up network storage. It is the responsibility of employees to ensure that files are copied to network storage. The Technology Services Department is not responsible for recovering files not on network storage. 5.2 Prohibited Storage 5.2.1 Employees are prohibited from saving non-business-related files and any other employee-installed software not approved by the Technology Services Department on the Town's network or local storage. Prohibited files include, but are not limited to, MP3s, personal image files, and games. 5.2.2 Employees are prohibited from storing any Town-related files on cloud storage for longer than the applicable records retention period. Approved cloud storage is permitted only for the purposes of accessing files outside of the Town business network for business related purposes and temporarily sharing files with other Town employees and with individuals or organization outside of the Town. 5.2.3 The Technology Services Department will attempt to block the storage of all non-business related files. If Technology Services Department personnel detect prohibited files on Town-managed data storage, the responsible employee will be directed to remove them immediately. 5.2.4 The Town reserves the right to suspend or remove an employee from Town-managed data storage usage if illegal or copyrighted files are stored in these locations. 5.3 Individual Shares. Each employee will be allotted a finite amount of cloud storage space for individual shares. Some employees will be granted more space if demanded by their job function. Requests for more cloud storage space must be made to the Technology Services Help Desk. 5.4 Department Shares. Each department will be allocated a finite amount of shared cloud storage space where files appropriate to their department may be stored. These shares may be substantially larger than individual storage quota limits, with space being allocated based on department need. Files specific to a department, and not an individual, should reside on department shares. Like individual shares, department shares will have initial quotas. These quotas may be increased via a request to the Technology Services Help Desk. 5.5 Managing Storage. The Technology Services Department will send alerts to all employees who are close to exceeding their cloud storage space quota. If an employee exceeds his or EXHIBIT B to MARANA RESOLUTION NO. 2023-118 - 2 - her cloud storage space quota, the employee will be unable to save files until sufficient allocated space is freed in order to accommodate them. If an employee needs support in freeing storage space,he or she may contact the Technology Services Help Desk. 5.5.1 Employees should set aside time on a regular basis to ensure that they remain within their cloud storage space quota by identifying, removing, and archiving items that are: 5.5.1.1 Outdated, such as preliminary draft versions of current documents 5.5.1.2 Out-of-use or orphaned files 5.5.1.3 Duplicated files 5.5.1.4 Non-business related or non-critical files 5.5.1.5 Files that have surpassed the applicable record retention period 6.0 RESPONSIBILITIES 6.1 It is the responsibility of every employee to ensure that they use their data storage space allocation wisely. 6.2 The Technology Services Department is responsible for overall management of the Town's data storage and for assisting employees who need a larger data storage space allocation or require support in managing their space allocation. 7.0 ATTACHMENTS Reserved EXHIBIT B to MARANA RESOLUTION NO. 2023-118 - 3 - REVISION HISTORY DESCRIPTION OF CHANGE DATE OR Original Release 12/16/2019 REV Revision 11/21/2023 (Resolution No. 2023-118) Caution: A copy of this Administrative Directive is an uncontrolled document. It is your responsibility to ensure you are using the current version. The electronic version is the only acceptable and controlled Administrative Directive. EXHIBIT B to MARANA RESOLUTION NO. 2023-118 - 4 - AO6O. MARANA AZ ADMINISTRATIVE DIRECTIVE Title: Electronic Communications Retention& Storage Issuing Department: Technology Services Effective Date: November 21, 2023 Reviewed: Town Clerk, Legal, Technology Services Approved: Terry S. Rozema, Town Manager Type of Action: Revision 1.0 PURPOSE Communication through electronic means is an essential part of communicating in today's world. Electronic communication and information management tools are being used by nearly every employee at the Town of Marana. This Administrative Directive sets forth the Town of Marana's polices governing the use and storage of electronic communications. 2.0 DEPARTMENTS AFFECTED All Town of Marana departments, employees and appointed and elected officials. 3.0 REFERENCES 3.1 A.R.S. §§ 41-151.14—41-151.23: State and local public records management 3.2 A.R.S. § 38-421: Stealing, destroying, altering or secreting public record 3.3 A.R.S. §§ 39-121 et seq: Public records law 3.4 A.R.S. § 38-431 et seq: Open meeting law 3.5 Town of Marana Personnel Policies and Procedures,Policy 5-4: Use of communications systems and equipment 3.6 Town of Marana Personnel Policies and Procedures, Policy 1-2: Code of Ethics 3.7 Town of Marana Administrative Directive: Public Records Request Procedures 3.8 Town of Marana Administrative Directive: Litigation/Legal Holds EXHIBIT A to MARANA RESOLUTION NO. 2023-118 - 1 - 4.0 DEFINITIONS 4.1 Backup: E-mail mailbox data copies created on a daily basis for the purpose of disaster recovery. 4.2 Electronic Communication: Electronic mail (e-mail), electronic calendars, instant messaging, text and short message service (SMS) messaging, social media posts or messaging, chat features found in online or software applications and similar means of communication. Electronic communication includes all contextual information, metadata, attachments and linked items accompanying the electronic communication, such as audio files, video files, photos, documents or other text-based files, embedded objects or information, images and hyperlinks. Electronic communication does not refer to Voice-over Internet Protocol (VoIP), telephone communications, telephonic voicemail, video conferencing or video telephony. 4.3 Non-Records: Messages that do not meet the statutory definition of a record as defined in A.R.S. § 41-1350. Destruction of non-record electronic messages does not need to be reported on a Report/Certificate of Records Destruction form. 4.4 Records: Messages that are considered to be official records as defined in A.R.S. § 41-1350. Official records include any document or piece of information, regardless of its physical or digital format, created or received by the town in the course of normal business operations that provides evidence of organizational processes,policies,functions,decisions or any other government activity that uses public funds. Official records may require short-term storage, long-term storage or a combination of both. 5.0 POLICIES AND PROCEDURES 5.1 Retention and Disposition of Electronic Communications as Public Records. Retention and disposition of public records is determined by the Arizona State Library,Archives and Public Records, Records Management Division, in accordance with Arizona state statutes. A record's retention schedule is based upon the legal, administrative, historical, fiscal or informational value of the record, not on the format of the record. 5.1.1 "Electronic communication"refers to the format of the record,not its content or value. Thus, electronic communications cannot be assigned blanket retention periods because they are not a type of record or record series. Rather,the value—and therefore the retention period —of an electronic message is determined by its content. 5.1.1.1 For example, an electronic communication (such as an e-mail or instant message) whose content solely concerns the scheduling of an upcoming meeting likely would not be considered an official record as defined by A.R.S. § 41-1350. On the other hand, a citizen complaint attached to an e-mail would be an electronic communication considered to be an official record and therefore would be subject to records retention and disposition requirements. 5.2 Employee Expectations. It is the responsibility of every town official and employee to retain any electronic communication, depending on its nature and content, as required by the public records retention and disposition schedules. Town officials and employees must retain record electronic communications, to the greatest extent possible, in a way that preserves all EXHIBITA to MARANA RESOLUTION NO. 2023-118 - 2 - contextual information, metadata, attachments and links associated with the electronic communication; and the communication must be stored together with all contextual information, metadata, attachments and links for chain of custody purposes. Department records coordinators and the Town Clerk's Office, in conjunction with the Technology Services Department, are available to assist with the establishment and maintenance of appropriate record storage locations for electronic communications. 5.3 Department Expectations. Each town department shall appoint a records coordinator who will work with the Town Clerk's Office and his or her respective department head to ensure proper management and disposal of records, including compliance with this directive. Records retention and disposition schedules that apply to town records are available from designated department records coordinators, the Town Clerk's Office and online at the Arizona State Library's website. 5.3.1 Electronic communications considered to be official records must be maintained and destroyed in the same manner as a paper record. Retention and destruction shall be performed according to the corresponding record series on either a department's custom Retention Schedule or the State's General Schedule. For questions regarding records retention,please contact the appropriate department records coordinator or the Town Clerk's Office. 5.4 Short-Term Retention of Record Electronic Communications. For records management purposes, many of the town's electronic communications are short communications that function much like phone calls and are considered to be non-records. For the sake of administrative convenience, e-mails with a retention period of 120 days or less will be maintained in the town's primary e-mail system. At the end of 120 days, all messages will be permanently deleted. It is the responsibility of each individual employee and appointed or elected official to ensure that any record e-mail messages that must be retained beyond 120 days and are in the employee's e-mail application, including in the employee's inbox or in any subfolders, are moved to proper storage locations before the end of the 120-day period. 5.4.1 It is also the responsibility of each individual employee and appointed or elected official to ensure that any other forms of record electronic communication required to comply with retention and disposition schedules are moved to proper storage locations as soon as practicable after their origination or, at a minimum, prior to their deletion from the device, webpage or software application they originate on. 5.4.2 Should any existing electronic communication of an employee or appointed or elected official become the subject of a litigation hold, the communication,together with all contextual information,metadata, attachments and links associated with the communication, must be preserved and retained even if the communication does not qualify as an official record under A.R.S. § 41-1350. Such preservation and retention must continue until the litigation hold is lifted, or, if the communication qualifies as an official record, until the end of the appointed records retention schedule. Preservation and retention pursuant to a litigation hold will be initiated by and coordinated with the Legal Department. EXHIBIT A to MARANA RESOLUTION NO. 2023-118 - 3 - 5.5 Long-Term Retention of Record Electronic Communications Electronic communications requiring long-term retention must be maintained in proper storage locations to ensure compliance with state records retention and disposition requirements. Please contact the appropriate department records coordinator or the Town Clerk's Office for assistance in establishing and maintaining storage locations for electronic communications. Additionally, Technology Services staff will work with individual departments to identify a technology solution when a department requires a shared storage location for electronic communications to minimize duplication of electronic communications storage within departments. 5.5.1 In addition to other methods of electronic communications storage, e-mail messages requiring long-term retention(more than 120 days) may be maintained in archive folders by those employees given access to archive folders for the town's archival e-mail system. 5.5.2 Only department heads, assistant/deputy department heads, management staff and project management staff will be permitted to maintain long-term archive folders upon request with a valid business justification. 5.5.3 Employees who are not department heads or management-level staff but believe they need longer term storage capability for electronic communications should notify their direct supervisor to determine whether they also require long-term archive folders or other technology solutions for long-term storage. The employee shall complete an electronic communications records long-term storage request form, which must be signed by the employee's supervisor and department head/deputy director. The form will then be forwarded to the Town Clerk's Office and Technology Services for approval. For Development Services staff,the records long-term storage request form will be forwarded to the Development Services Records Manager and Technology Services for approval. 5.6 Public Records Requests Any electronic communications may be subject to the public records law (A.R.S. §§ 39- 121 et seq) and to public disclosure.In accordance with Policy 5-4 of the Town of Marana Personnel Policies and Procedures, employees should have no expectation of privacy regarding the use of the town's systems and equipment or the transmission, receipt or storage of information in these systems or equipment. 5.7 Backup The Town of Marana creates "backup" records of e-mail and calendar records on a daily basis. Backups that encompass other electronic communications, such as the instant messaging function found in the Microsoft 365 application, are also created by the town. The primary purpose of creating these backups is for disaster recovery in the case of system failure,not for purposes of public records retention. The backups are retained for the limited period of time required by law for backup data. 6.0 RESPONSIBILITIES 6.1 All employees and appointed and elected officials are responsible for understanding the procedures as outlined in this directive and all other applicable town policies and procedures regarding the use of electronic communications. EXHIBIT A to MARANA RESOLUTION NO. 2023-118 - 4 - 6.2 It is the responsibility of every town official and employee to retain any electronic communication, depending on its nature and content, as required by the public records retention and disposition schedules. 6.3 Department records coordinators and the Town Clerk's Office, in conjunction with the Technology Services Department, are available to assist with the establishment and maintenance of appropriate record storage locations for electronic communications. 6.4 All employees and appointed and elected officials are responsible for using electronic communications systems responsibly in the interest and furtherance of the public's business. 6.5 Technology Services and the Town Clerk's Office will ensure proper training for new employees and on-going training for existing employees on a regular basis. 7.0 ATTACHMENTS Electronic Communications Records Long-Term Storage Request Form EXHIBIT A to MARANA RESOLUTION NO. 2023-118 - 5 - REVISION HISTORY DESCRIPTION OF CHANGE DATE OR Original Release 11/15/2010 (Resolution No. 2010-23) REV Revision 11/21/2023 (Resolution No. 2023-118) Caution: A copy of this Administrative Directive is an uncontrolled document. It is your responsibility to ensure you are using the current version. The electronic version is the only acceptable and controlled Administrative Directive. EXHIBIT A to MARANA RESOLUTION NO. 2023-118 - 6 -