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(1) This policy applies to the use of any workstation, laptop or personal computer, Samish cellphones or personal cellphones, browsers, email, and any other equipment or software provided to Tribal employees. The Samish Indian Nation has provided internet access, including WiFi, to its employees as a tool to be used for greater productivity. An employee should reserve the use of the internet for work related projects/tasks only. Employees who violate the provisions of this policy may be subject to disciplinary action up to and including termination of employment.

(2) Tribal Owned Electronic Devices.

(a) Tribal owned electronic devices, such as laptop and cellphone, shall only be used by Samish employees. Unauthorized users should be reported immediately to the employee’s supervisor and Senior Human Resources Officer. Employees who intentionally allow unauthorized users will be subject to disciplinary action up to and including termination of employment.

(b) All employees issued a Tribal electronic device are responsible for always keeping the device safe and secure. A lost, stolen or damaged device must be reported immediately to supervisor, Senior Human Resources Officer or appropriate Chief Executive Team member. Employees who intentionally damage any device or purposely leave a device in an unsafe or unsecure location and it is stolen may be liable for the cost of replacing the device and the cost of maintaining the security of the device and are subject to disciplinary action up to and including termination of employment.

(3) Tribe Owns Electronic Information.

(a) The Tribe owns any communication sent via email to an employee’s email and all email and information stored on Tribal equipment. An employee’s electronic communication, storage or access to such communication is not private if it is created or stored on a Tribal computer or Tribal device. Supervisors and other authorized staff or agents have the right to access any material on Tribal employee’s email, employee’s computer, work-issued cellular phone or other work-issued electronic equipment at any time.

(b) The internet access system is capable of tracking the details of every active session. Each time an employee starts a web browser, or uses Samish WiFi on Tribal or personal devices, the following information may be recorded:

(i) The employee’s workstation ID;

(ii) Each internet site visited;

(iii) The length of time spent at each site;

(iv) The total time spent on the internet;

(v) Files downloaded.

(c) A report of the above information could be printed if necessary and submitted to the appropriate Chief Executive Team member or Senior Human Resources Officer for review.

(d) The appropriate Chief Executive Team member may, at any time necessary or in his or her discretion, place restrictions on use of electronic media by his or her direct reports. The Senior Human Resources Officer, or any other supervisor, may request restrictions on use of electronic media after approval from the appropriate Chief Executive Team member.

(4) Software Access Procedure. Software and applications needed, in addition to the Microsoft Office suite of products, must be authorized by the employee’s supervisor and downloaded by the Technology Department. If an employee requires access to software and applications not currently on the Tribe’s network, the employee should talk with his or her supervisor and consult with the Technology Department to obtain permission to download and install any additional software or applications.

(5) Internet Usage.

(a) Internet use (including WiFi), on work time, is authorized to conduct Tribal business. Internet use creates the possibility of breaches to the security of confidential information. Internet use also creates the possibility of contamination to the Tribe’s system via viruses, spyware or malware. Spyware allows unauthorized people, outside the Tribe, potential access to Tribal passwords and other confidential information. Malware is malicious program or code that is harmful to the Tribe’s technology equipment and electronic files.

(b) Removing such programs from the Tribal network requires Technology Department staff to invest time and attention that is better devoted to progress. For this reason, and to assure the use of work time appropriately for work, Tribal staff must limit internet use for work purposes.

(c) Additionally, under no circumstance may an employee use Tribal computers or other electronic equipment owned by the Tribe be used to obtain, view, or reach any pornographic, or otherwise immoral, unethical, or nonbusiness-related internet sites or viewing electronic media of this nature regardless of the sources of the information including web pages, emails, text messages, Twitter, Facebook or other such social media. Employees who intentionally view such material are subject to disciplinary action up to and including termination of employment.

(6) Email Usage.

(a) Tribal employees are provided Samish Tribal email addresses which are to be used for Tribal business only. Samish Tribal email addresses shall not be used for personal login to nonbusiness-related accounts. Company confidential information must not be shared outside of the company, without authorization, at any time. Tribal employees should not conduct personal business using the work computer or email. Viewing pornography, or sending pornographic jokes or stories via email, is considered sexual harassment and will be addressed according to the sexual harassment policy.

(b) Emails that discriminate against employees by virtue of any protected classification, including race, gender, nationality, religion, and so forth, are inappropriate and harassment. These emails are prohibited at the Tribe. Tribal employees who send or forward nonbusiness emails will be subject to disciplinary action that may lead to employment termination.

(7) Use of Electronics While Driving.

(a) In recognition of the increasing safety problems related to distracted driving in the United States, the Tribe is adopting policy limiting use of cellular phones, handheld computers, tablets and other electronic technology which causes drivers to become distracted while driving. Tribal employees who are operating motor vehicles as part of their job responsibilities or on Tribal business travel are prohibited from texting or using computers when they are driving.

(b) Additionally, Tribal employees using cellular phones while on Tribal business travel must use hands-free devices to use their cellular phones while driving and must limit conversations while driving. If a Tribal employee is on business travel in another jurisdiction which prohibits use of cellular phones while operating a motor vehicle, the employee must comply with that prohibition. An employee who violates this policy is subject to disciplinary action. [Res. 2022-10-016 § 1, 2022.]