* Please note: This is a working draft of Directive 317.40. This is proposed language and the Bureau has not implemented any changes to the current policy at this time.
317.40 Authorized Use of Bureau Resources
2nd Universal Review 4/19/17- 5/3/17
- City of Portland, Human Resources Administrative Rules 4.08, Information Technologies
- City of Portland, Human Resources Administrative Rules 4.09, Use of City Resources
- DIR 344.00, Compliance with Human Resources Administrative Rules
- DIR 1020.00, Firearms Administration
- DIR 1110.00, Appearance Standards
- DIR 1200.00, Inspections, Maintenance, Responsibility, and Authority
- DIR 1221.00, Smart Phone Issuance and Usage
- DIR 1245.00, Vehicles, Off-Duty Use by Authorized Members
- ORS § 811.507 Operating Motor Vehicle While Using Mobile Communication Device
- Information Technology: Mobile communication devices, computers, telecommunications hardware, software and systems that utilize the Internet and/or any other communication network.
- Mobile Communication Device: Under Oregon law, these devices include cellular phones, text messaging devices or wireless two-way communication devices designed to receive and transmit voice or text communication.
1. As an entity of the City of Portland, Portland Police Bureau comports with the administrative rules set forth by the Bureau of Human Resources. The appropriate use of all Bureau resources is the responsibility of each member and relates directly to official activity which the member was hired to perform. Resources shall be used for their intended purpose in accordance with the law (e.g., state, local, contracts, licenses, property rights, records, etc.) and approved policy, procedure, or training.
2. The Bureau entrusts its members with the use of all Bureau resources such as City facilities, office fixtures, office supplies or equipment, electronic and physical records, police uniform and equipment, information technology, and vehicles. Less obvious examples of Bureau resources include work time, data, and information. Inappropriate uses of resources include, but are not limited to, facilitating unauthorized access or modification, negligent or purposeful misuse, abuse, breach, damage, destruction, loss, or theft.
3. All information technologies created or stored on City-owned information systems are considered City property, and as such, all employees shall have no expectation of personal privacy in the use of the City’s information technologies. The uses of passwords are meant to protect the security of City data and information technologies and are not intended to convey an expectation of personal privacy or exclusion from monitoring.
4. The Bureau, under the City of Portland’s rights as a public employer, reserves the right to search, without member consent, all areas and property over which the City maintains joint or full control. All Bureau vehicles, equipment, offices, desks, files, and lockers are subject to search by management. Searches shall be conducted in the presence of the member, if practicable. If the member is not available, or if the member so requests, a reasonable time will be allowed for a representative to be present before a search is conducted. The limitation on the City’s right to examine City property contained in this paragraph does not apply to property used jointly by more than one member. The use of Bureau resources could invoke a collective bargaining provision(s) or right(s). In the event there is a conflict between a City right and a collective bargaining provision or right, the collective bargaining provision or right prevails.
5. While members are issued information technologies because they have a need to remain in contact with the public, other members, and the chain of command to conduct official police business, the use of Bureau resources generates public records, and is subject to public records law (e.g., retention, confidentiality, disclosure).
1. Member Responsibilities.
1.1. Information Technology.
1.1.1. Members shall protect Bureau information technology, including computer and mobile devices, and shall not share access to accounts, privileges, and associated passwords. Members shall not reveal their login credentials without supervisor approval.
1.1.2. Limited personal use of information technology is permitted so long as members comply with the guidelines listed in the City’s HRAR 4.08, Information Technologies (e.g., use is limited to short duration, does not result in public expense, does not interfere with job activities, does not violate “prohibited uses”).
1.1.3. Members issued Bureau smart phones (cell) shall refer to Directive 1221.00, Smart Phone Issuance and Usage, for additional guidelines.
1.1.4. Members with access to Bureau landlines shall keep local, non-toll personal calls to a minimum and on the member’s own time. Members will not make personal long distance calls unless they use a personal long distance card.
1.1.5. Sworn members are permitted to operate Mobile Data Computers (MDCs), two-way radios, in car technology, and cell phones while driving and conducting police business in accordance with ORS § 811.507; however, if there is a sworn member present as a passenger in the vehicle, the passenger should conduct the technology operations, if feasible.
1.1.6. The use of camera or video recording features with a Bureau-issued cell phone or equipment will be restricted to police business. Any other use of this technology is strictly prohibited. Members shall refer to Directives 640.02, Photography and Digital Imaging, and 1221.00, Smart Phone Issuance and Usage, for additional guidelines.
1.1.7. Members are prohibited from forwarding information related to Criminal Justice Information (CJI) (e.g., emails, calls, texts, images, recordings) to a personal email account and any personal smart phone or computer device. Members who do forward CJI information violate Criminal Justice Information System (CJIS) regulations.
1.1.8. Considerations While Using Information Technology.
18.104.22.168. Members should be aware that the use of City resources constitutes an express consent to monitoring at all times.
22.214.171.124. Members who forward Bureau-related information from their government email accounts to their personal email accounts and/or devices may be subjecting their personal electronics and/or accounts to Oregon Public Records Laws.
1.2.1. Members shall exercise due regard for the safety of all persons at all times while operating any City vehicle. Failure to do so may result in discipline.
1.2.2. Members shall not intentionally, recklessly, or negligently damage or destroy vehicles while on or off duty. Damages incurred to police vehicles while using approved pursuit intervention strategies shall be reviewed pursuant to Directive 630.05, Vehicle Pursuits.
1.2.3. Members involved in a collision in a Bureau vehicle while on or off duty shall notify their supervisor as soon as practicable and complete all necessary reports. (A crash is defined by HRAR 4.13 Vehicle Loss Control as any unintentional collision involving a motor vehicle and another vehicle, person, or object, which results in property damage, personal injury or death. The crash may occur on public or private property.)
1.2.4. Members shall not transport, store, or use alcoholic beverages in a Bureau-issued vehicle, excepting transport and storage of alcoholic beverage(s) for official purposes such as property seized during a police action.
1.2.5. Members shall refer to Directive 1245.00, Vehicles, Off-Duty Use by Authorized Members, for additional guidelines.
1.2.6. Bureau-issued vehicles are exempt from parking ordinances; however, members should be mindful of parking in other designated e-plate vehicle staging areas (e.g., county, federal).
1.3. Uniforms and Equipment.
1.3.1. Members shall refer to Directives 1110.00, Appearance Standards and 1020.00, Weapons Administration, for additional guidelines.
1.4. Other Bureau Resources (e.g., Work Materials and Supplies, Records, Facilities, Time and/or Personnel, and Information).
1.4.1. Members are required to appropriately use Bureau resources and report inappropriate uses to their supervisor or up the chain of command.
1.5. Members who intentionally or negligently lose, damage, or destroy City Property or are deemed out of compliance with authorized uses of resources may be subject to disciplinary action.
2. Supervisors and Responsibility Unit Managers Responsibilities.
2.1. Supervisors and managers shall ensure Bureau resources are managed (e.g., acquired, assigned, used, inspected, modified, repaired, replaced, etc.) in proper order in accordance with Directive 1200.00, Inspections, Responsibility, Maintenance and Authority.
2.2. Supervisors and managers shall educate their direct reports on proper use of Bureau resources (e.g., standard operating procedure, direction or demonstration, coordination of training, etc.).
2.3. Supervisors and managers shall investigate reports of inappropriate use by members and refer allegations of misuse to the Professional Standards Division, if necessary.
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