policy - Road Commission of Kalamazoo County

Transcription

BOARD OF COUNTY ROAD COMMISSIONERS OF THE COUNTY OF KALAMAZOO
MEETING AGENDA
JUNE 2, 2015 – 3:00 P.M.
Please take notice that a meeting of the Board of County Road Commissioners of the County of Kalamazoo is scheduled for the above stated date
and time at the Office Building of the Road Commission located at 3801 East Kilgore Road, Kalamazoo, Michigan, for the purpose of considering
the following items:
Call to Order
Approval of Agenda
Approval of Minutes
May 19, 2015 Board Meeting
May 22, 2015 Legislative Listening Post Meeting
Request approval of Payroll and Vendor Accounts
Citizen input on Non-agenda Items
Correspondence:
A. Request discussion on the Board of Commissioners Letter Regarding Brady Township
Golf Carts on Designated Streets Resolution dated May 21, 2015
New Business:
A. Request Approval of the Revised Information Technology Policies
a. Non-Privacy, Monitoring and Electronic Communication
b. Social Media
c. Instant Messaging & Peer to Peer Sharing
d. Internet Use
e. Remote Access and Application Service Provider
f. Acceptable Use
B. Request Approval of the Wakeshma Township Dust Control Agreement
a. Continuous application 18% Mineral Well Brine at 2,000 gallons per mile ($.15 per actual gallons
applied)
Citizen input on Non-agenda Items
Managing Director’s Time
Commissioner’s Time and Committee Reports:
Worthams – Kalamazoo County Council of Governments (COG)
Buchholtz- Kalamazoo County Board of Public Works (BPW)
Berkebile
Oscarson – Kalamazoo County Parks and Recreation Commission
Moyle – Kalamazoo County Environmental Health Advisory Council (EHAC)
Adjourn
Meetings of the Board of County Road Commissioners of the County of Kalamazoo are held in accordance with the Open Meetings Act (Act 67
of1976, as amended) and are also open to the public without regard to race, color, national origin, sex, or handicap. If special aid or assistance is
required to attend a Board meeting, please submit a request to: Road Commission of Kalamazoo County 3801 E. Kilgore Road Kalamazoo, MI 49001
Telephone: (269) 381-3171-Fax: (269) 381-1760- Email: [email protected] Website: www.kalamazoocountyroads.com
BOARD OF COUNTY ROAD COMMISSIONERS OF THE
COUNTY OF KALAMAZOO
Public Comment Guidelines:
• Only after being acknowledged by the Chair or Acting Chair, shall a member
of the public in attendance initiate their presentation.
• Please consider adding your contact information on the sign-in sheet
provided.
• Any member of the public wishing to present statements, comments or
questions to the Board under the provisions of this policy, shall identify
themselves by name, their address, if they represent an organization, and the
issues being discussed in their presentation.
• These comments, statements or questions shall be limited to not more than
three (3) minutes for each person addressing the Board. Minutes will not be
allowed to be donated to others to increase time limitations.
• While all comments, statements and questions will be received by the Board it
will be at the discretion of the Board or Board Members to respond at that time
or to refer to staff for response at a later time or to the Road Commission’s
files.
• The Board appreciates receiving any written documents, photos, drawings,
etc. as part of the resident(s) presentation during the opportunity for public
comment.
Memo
T o:
Board of County Road Commissioners of the County of Kalamazoo
From: Joanna I. Johnson, Managing Director
CC:
KCRC Staff
Date: 05/29/2015
Re:
Board Weekly Report
Correspondence:
A. Request discussion on the Board of Commissioners Letter regarding the Brady Township Golf
Carts on Designated Streets Resolution dated May 21, 2015
We recommend the Board discuss the request from the Board of Commissioners to comment on whether
you believe that allowing the operation of golf carts on the streets described in the Brady Township Resolution
(East Indian Lake Drive/South Indian Lake Drive), presents any significant safety concerns. Public Act (PA)
491 of 2014 was approved by the Governor January 10, 2015. In general, it allows a township by resolution
to allow the operation of golf carts on the streets of that township, subject to various requirements. It provides
for the County Board of Commissioners may, by resolution, disapprove the operation of golf carts. PA 491
does not specifically request the consideration for comment by a road commission. I did send an email out
to all road agencies by “list-serve” for any experiences related to this item, based on those that responded
none had experiences to share on the topic. We recommend the Board discuss the letter for comments
to the Board of Commissioners by Tuesday, June 9, 2015 as requested.
New Business:
A. Request Approval of the Revised Information Technology Policies
b. Social Media
d. Internet Use
f. Acceptable Use
The policies noted above are being updated in an effort to comply with recent National Labor Relations
Board decisions. All have been reviewed by legal counsel. They are presented in “red-line” format to
review recommendations. Final copies with accepted changes, if approved, will be provided to employees
accordingly. We recommend the Board approve the Non-Privacy, Monitoring and Electronic
Communication, Social Media, Instant Messaging & Peer to Peer Sharing, Internet use, Remote
Access and Application Service Provider and Acceptable Use Policies.
B. Request Approval of the Wakeshma Township Dust Control Agreement
a. Continuous application 18% Mineral Well Brine at 2,000 gallons per mile ($.15 per actual gallons
applied)
We recommend the Board approve the Wakeshma Township Dust Control Agreement for
Chairman’s signature.
1
Chair Int’l _______
May 19, 2015
Clerk Int’l _______
The regular meeting of the Board of County Road Commissioners of the County of Kalamazoo was held at
the Road Commission of Kalamazoo County (RCKC) office at 3801 East Kilgore Road, Kalamazoo, Michigan, on
Tuesday, May 19, 2015. Vice Chairman Commissioner Oscarson called the meeting to order at 3:00 p.m.
Present: Kenneth R. Oscarson, Dennis J. Berkebile, David Q. Worthams, Deb Buchholtz
Absent: Daniel J. Moyle
Also attending: Managing Director Joanna I. Johnson, Operations Director Travis Bartholomew, Finance
Director Ann Simmons, Project Superintendent Mark Worden, Project Engineer Ryan Minkus, Traffic Engineer Jim
Hoekstra, and General Superintendent Bill DeYoung.
Commissioner Worthams moved and it was seconded to approve the agenda as presented.
Carried by the following vote:
Aye: Oscarson, Berkebile, Worthams, Buchholtz
Commissioner Buchholtz moved and it was seconded to approve the minutes from the May 5, 2015
regular Board Meeting, and the April 28, 2015 Charleston Township Joint Meeting.
Commissioner Berkebile moved and it was seconded to approve the payroll and vendor accounts as
presented.
Payroll Account
$80,101.83
Vendor Account
$699,803.09
Commissioner Buchholtz moved and it was seconded to accept the Public Act 246 Special Assessment
Petition, approve the Resolution and establish the public hearing date/time for the Saybrook Drive special
assessment for June 22, 2015 at 6:00 pm at Oshtemo Township Hall.
Managing Director Johnson commented Saybrook Drive was one of the local improvement roads in 2014
that was cracked sealed as well as chipped sealed and did not perform well. Also, we shared with Oshtemo
Township as well as the residents on Saybrook Drive that we understood there are issues and we will be taking
care of it with potentially another chip seal this year to alleviate some of the issues. In the process, citizens
according to Public Act 246 put together a petition that was verified by our staff. 51% of property owners have
petitioned for the road to be improved with a hot mix asphalt, ultra-thin in lieu of the chip seal. The RCKC would
be putting forth the dollars and the remainder would be part of the Special Assessment District.
Commissioner Buchholtz stated the timeline was a little confusing and questioned citizens put a petition
together and submitted a fix without input from RCKC staff. Managing Director Johnson commented typically the
year prior to local road improvements in Oshtemo Township for chip seal, the Township sends out a letter to the
citizens where we are going to do a chip seal as the RCKC and the Township believe the right fix at the right time
for a particular roadway is a chip seal. If the citizens want any other treatment then that needs to be part of the
special assessment district. The Township worked with us and the citizen’s petition we received is according to
Oshtemo Township policy.
Commissioner Worthams commented staff is recommending a hearing date of June 22 nd and based on the
timeline before we can put out a bid, what are the chances this project could be done in this current construction
season. Managing Director Johnson commented we still have the opportunity to potentially complete this project
assuming we do not receive a petition to discontinue the project. Project Superintendent Worden also
commented we had a similar petition last year about this time and the project did get completed in 2014.
May 19, 2015
Commission Oscarson asked if the chip seal issues were due to the binder and the stone. Operations
Director Bartholomew commented the failure was the stone was delaminating and came off the emulsion and now
the emulsion has started to reactivate with the heat. He shared we are also reviewing similar 2014 chip seal
projects with the National Center for Pavement Preservation whom will go out with our team and assess the
issues. He went on to say that the right fix for us continues to be a chip seal.
RESOLUTION
WHEREAS, a certified copy of a petition by landowners in the Township of Oshtemo, Kalamazoo County,
Michigan/landowner petition for improvements, was filed with this Road Commission on May 19, 2015, said
petition requesting certain highway improvements over the following described area:
Saybrook Drive – Ultra-Thin Overlay, $29,111.00
said petition being filed and submitted in accordance with the provisions of Act 246 of the Public Acts of Michigan
of 1931, as amended, and
WHEREAS, this Commission has caused the validity as said petition to be verified, as is required in Section 1a/1 of
said Act 246, as amended, this Commission having also determined that said petition meets the requirements and
specifications as spelled out in said Act; and
WHEREAS, said Section 1a/1 of said Act requires this Road Commission to make a declaration of necessity; Now,
THEREFORE, BE IT HEREBY RESOLVED, that this Road Commission, in accordance with the provisions of Act 246 of
the Public Acts of Michigan of 1931, as amended, hereby declares that the proposed improvement is necessary for
the benefit of the public and the benefit of the public welfare and convenience.
IT IS FURTHER RESOLVED, that a public hearing upon this declaration of necessity shall be held in the Township
Hall of Oshtemo Township, Kalamazoo County, Michigan, on the 22nd day of June, 2015, at 6 o’clock P.M., for the
purpose of providing the property owners affected by this proposed improvement project to object to same and
file their objection, in accordance with Section 1a/1 of said Act 246.
BE IT FURTHER RESOLVED, that Notice of this public meeting shall be given by publication, posting and mailing, as
is provided in said Act for notices on hearings.
Commissioner Worthams moved and it was seconded to award the Professional Pavement Marking
Inspection Bid to Traffic Tech Services LLC., for a total of $15,050, low bidder meeting specifications, with an
option to extend for three (3) additional years.
Aye: Oscarson, Berkebile,Worthams, Buchholtz
Commissioner Berkebile moved and it was seconded to approve the purchase of a 2015, Morbark Beever
M18R-TD Brush Chipper from Mobark Direct Sales, Morbark Inc. through the MIDEAL purchasing program, for
$54,802.80
Commissioner Worthams moved and it was seconded to move the S Avenue bridge replacement over
Portage Creek project from the 2015 Primary Road Capital Improvement Plan (CIP) to the 2016 (CIP) and moving
the Portage Road reconstruction project from VW Avenue to south Portage City limits from the 2016 CIP to the
2015 CIP.
May 19, 2015
Commissioner Buchholtz moved and it was seconded to approve the advance construct funding technique
for the East Main Safety Project from East Michigan Avenue to Nazareth Road with the City of Kalamazoo, as
necessary.
Commissioner Berkebile moved and it was seconded to approve the Michigan Department of
Transportation (MDOT) Licensed Professional Engineering Reimbursement for Vice Chairman’s signature.
Aye: Oscarson, Worthams, Berkebile, Buchholtz
Commissioner Berkebile moved and it was seconded to approve the Brady Township Local Road Contract
and Dust Control Agreements for Brady, Charleston and Ross Townships.
a. Brady Township Local Road Contract: XY Avenue – 30th Street – 31st Street, Regravel
b. Brady Township Dust Control Agreement
 Continuous application 38% Calcium Chloride Liquid at 1,600 gallons per mile ($.54 per
actual gallons applied)
c. Charleston Township Dust Control Agreement
 Continuous application 18% Mineral Well Brine at 2,000 gallons per mile ($.15 actual gallons
applied)
d. Ross Township Dust Control Agreement
 Continuous application 18% Mineral Well Brine at 2,000 gallons per mile ($.15 per actual
gallons applied) x2 optional/not Marsh Ridge.
Managing Director Johnson mentioned she attended the Southwest Michigan Road Commission Council
meeting in Van Buren County and there was discussion on obligation authority as well as seasonal weight
restrictions. Furthermore, there was reports from various insurance pools including workers’ compensation and
general liability. Also, she mentioned the RCKC was on Channel 3 for the seismic testing as noted at the Pavilion
Joint Township Meeting. Our staff had already followed up and the company has been very cooperative. She also
mentioned a new Roads and Economic Development committee was formed at the State where they are looking at
road funding.
Commissioner Worthams mentioned the Council of Governments meeting will be held tomorrow at the
RCKC at 3:30 p.m. and on Friday is the Chamber Legislative Listening Post at the Hampton Inn on Portage Road
where he hoped to receive feedback regarding transportation funding. He also told everyone to be careful driving
around the county during this construction season.
Commissioner Buchholtz mentioned she had hoped to attend the Bike Friendly Strategic Planning in
Kalamazoo, but was unable to do so and she will try to attend future events and be part of the discussions. She
also mentioned that a citizen contacted her regarding the continuous flooding on Commonwealth in Kalamazoo
Township and staff had followed up.
Commissioner Berkebile mentioned the Region 8 Prosperity Region sub-committee for infrastructure
which includes roads meets tomorrow afternoon and the full Region 8 committee meets after our next meeting
the first Thursday in June.
May 19, 2015
Commissioner Oscarson mentioned the Vicksburg Trail Presentation was presented to the Parks
Commission and they are planning to construct a bicycle trail which will tie into the City of Portage system. He also
shared in the future there will be a mountain bike trail racing course at Markin Glen Park pending funding by the
support group.
The meeting was adjourned at 3:42 pm.
Attest: Timothy A. Snow, County Clerk
By: _______________________________, Chairperson _____________________________, Deputy Clerk
Chair Int’l_____
Clerk Int’l _____
May 22, 2015 - Legislative Listening Post
The Board of County Road Commissioners of the County of Kalamazoo attended the Legislative
Listening Post held at the Hampton Inn, 2610 Airview Blvd, Kalamazoo, Michigan, on Friday May 22,
2015. The meeting began at 8:27 a.m.
Present: David Q. Worthams, Dennis J. Berkebile, Deb Buchholtz
Absent: Daniel J. Moyle, Kenneth R. Oscarson
Rebecca Kik, Kalamazoo City Planner discussed planning for alternate modes (non-motorized)
infrastructure.
Derek Nofz, Director of Public Policy from Southwest Michigan First spoke about the State
House of Representatives road plan. Commissioner Buchholtz inquired how much they are considering
the future of road funding and adapting road funding for higher mileage and hybrid vehicles. The
response included that part of the package of bills in Proposal 1 would still be considered such as
registration fee increases for alternate vehicles. Commissioner Buchholtz also pointed out that nonmotorized “traffic” does not really contribute to the roads.
Legislative updates were given by State elected officials including State Representatives Brandt
Iden, David Maturen and Jon Hoadley.
The meeting adjourned at 9:02 a.m.
Attest: Timothy A. Snow, County Clerk
By:
, Chairperson
, Deputy Clerk
Summary Report of Cash Receipts and Disbursements
For the June 2, 2015 Board Meeting
Current Activity
Available funds from previous report
Receipts and interest for the current period
Payroll disbursements to be approved today
Payables disbursements to be approved today
Available funds as of June 2, 2015
Summary Disbursements
Payroll - pay period ending May 27, 2015
Checks
Direct Deposit
Payroll Checks
Direct Deposit
Total Payroll to be approved today
Payables
Vendor checks
Void checks
Health Reimbursement Checks
Total Payables to be approved today
$
$
$
$
$
From
To
83060
9841
83073
9871
94249
94303
212001
212016
Available Funds
Cash Balance
Interest Bearing Deposits
Total Funds Available
Ann Simmons
Finance Director
Joanna I. Johnson
Managing Director
Daniel J. Moyle
Board Chairman
6,998,629.86
62,578.91
(77,316.94)
(501,329.30)
6,482,562.53
$
$
35,676.94
41,640.00
$
$
$
77,316.94
$
$
$
$
497,486.00
3,843.30
501,329.30
$
$
$
4,868,725.80
1,613,836.73
6,482,562.53
Memo
To:
From:
Joanna I. Johnson, Managing Director
Date:
May 29, 2015
Re:
Board of Commissioners Letter Dated May 21, 2015 Re: Brady Township
Golf Cart Resolution
Recommended Road Commission of Kalamazoo County (RCKC) Discussion
We recommend the Board discuss the request from the Board of Commissioners to comment on whether
you believe that allowing the operation of golf carts on the streets described in the Brady Township
Resolution (East Indian Lake Drive/South Indian Lake Drive), presents any significant safety concerns.
Background
Public Act (PA) 491 of 2014 was approved by the Governor January 10, 2015. In general, it allows a township by
resolution to allow the operation of golf carts on the streets of that township, subject to various requirements. It
provides for the County Board of Commissioners may, by resolution, disapprove the operation of golf carts. PA 491
does not specifically request the consideration for comment by a road commission. The law prohibits those injured in
cart-on-cart collisions from having the right to auto no-fault insurance claims. The Michigan Township Association did
support the legislation. The County Road Association opposed the legislation.
Back in December 2014, Brady Township Supervisor and I briefly discussed the use of golf carts on these roads as the
bills were being reviewed at the state level. He advised that if enacted he would proceed with allowing golf carts on
these roads and residents were doing so for decades without issue. He did inquire if we had any immediate concerns.
I advised that the draft legislation did not require our comments and no immediate issues at that time.
o
o
o
o
o
These roads are within plats with speeds of 25mph.
Currently both of these roads are rated a PASER 4 (poor) for road surface conditions.
There are no significant crashes along these roadways per our data;
 South Indian Lake Drive: No crashes shown
 East Indian Lake Drive: 1 crash at the intersection with Central Street in 2008 (not involving a
golf cart).
We do allow golf carts to cross our roads under our right-of-way permit requirements for golf courses with
greens on either side of a roadway. However, there are additional requirements per the permit application
process and the golf courses must name us as an additional insured for liability purposes.
Liability: this is an area I researched more thoroughly based on this request. We are presently part of an
insurance pool with other road commissions across the state; Michigan County Road Commissions Self
Insurance Pool (MCRCSIP). As the Board is aware, this has been a successful pool addressing issues
we are exposed to within our industry and effectively managing risks/costs. MCRCSIP discourages road
commissions from encouraging more uninsured things to use our roadways. The risk and exposure to
the pool is unknown. However, these golf carts per PA 491 are not subject to Michigan No Fault
insurance laws and therefore Michigan No Fault laws treat anyone not in a “motor vehicle” as a
pedestrian. The pool would be at risk for up to $530,000 per claim for a motor vehicle/pedestrian incident
and then potentially moving to the Michigan Catastrophic Claims Association (MCCA), which is a private
non-profit unincorporated association, which was created by the state Legislature in 1978. Michigan's
unique auto insurance no-fault law provides unlimited lifetime coverage for medical expenses which result
from auto accidents. The MCCA reimburses auto no-fault insurance companies for each Personal Injury
Protection (PIP) medical claim paid in excess of a set amount. Currently that amount is $530,000. That
means MCRCSIP pays the entire claim, but is reimbursed by the MCCA for medical costs over $530,000.
All auto insurance companies operating in Michigan are assessed to cover the catastrophic medical
claims occurring in Michigan. Those assessments are generally passed on to auto insurance
policyholders. The 2014-2015 assessment is $186.00 per vehicle.
o
If there are disturbing trends (i.e. crashes) and/or road conditions continue to deteriorate we may want to
consider requesting the township and Board of Commissioners revisit the issue in the future.
We may see additional communities request golf carts and off road vehicles be allowed on our roadways. Together
we want to provide the safest road system. We appreciate the Board of Commissioners formally requesting our input.
Alternatives
The Board may choose to request additional time to gather information
Budget
There are no direct impacts to the RCKC budget at this time as a result of this request.
Summary
We recommend the Board discuss the letter for comments to the Board of Commissioners by Tuesday, June
9, 2015 as requested.
Act No. 491
Public Acts of 2014
Approved by the Governor
January 10, 2015
Filed with the Secretary of State
January 13, 2015
EFFECTIVE DATE: January 13, 2015
STATE OF MICHIGAN
97TH LEGISLATURE
REGULAR SESSION OF 2014
Introduced by Reps. Cotter, Glardon and Kowall
ENROLLED HOUSE BILL No. 5045
AN ACT to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation
of certain vehicles operated upon the public highways of this state or any other place open to the general public or
generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the
examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility
and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on
vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation
and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to
provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators
of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence;
to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of
and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local
agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this
act or contrary to this act; and to repeal certain parts of this act on a specific date,” (MCL 257.1 to 257.923) by adding
section 657a.
The People of the State of Michigan enact:
Sec. 657a. (1) A village or city having a population of fewer than 30,000 individuals based upon the 2010 decennial
census may by resolution allow the operation of golf carts on the streets of that village or city, subject to the requirements
of this section. A township having a population of fewer than 30,000 individuals based upon the 2010 decennial census
may by resolution, unless disapproved by the county board of commissioners under subsection (3), allow the operation
of golf carts on the streets of that township, subject to the requirements of this section.
(2) If a village, city, or township allows the operation of golf carts on the streets of that village, city, or township,
that village, city, or township may require those golf carts and the operators of those golf carts to be recorded on a list
maintained by that village, city, or township. A village, city, or township shall not charge a fee for listing golf carts or
the operators of those golf carts.
(3) A county board of commissioners may, by resolution, disapprove the operation of golf carts on the streets of a
township located within that county if the county board of commissioners conducts a hearing and determines that 1 or
more of the following apply:
(a) The operation of golf carts on the streets of that township would cause significant environmental damage.
(b) The operation of golf carts on the streets of that township would cause a significant concern of public safety.
(4) The county board of commissioners shall provide public notice of a hearing under subsection (3) at least 45 days
before the hearing is conducted. The county board of commissioners shall also provide written notice of a hearing under
subsection (3) to the township at least 45 days before the hearing is conducted.
(276)
EHB 5045
(5) A person shall not operate a golf cart on any street unless he or she is at least 16 years old and is licensed to
operate a motor vehicle.
(6) The operator of a golf cart shall comply with the signal requirements of section 648 that apply to the operation
of a vehicle.
(7) A person operating a golf cart upon a roadway shall ride as near to the right side of the roadway as practicable,
exercising due care when passing a standing vehicle or one proceeding in the same direction.
(8) A person shall not operate a golf cart on a state trunk line highway. This subsection does not prohibit a person
from crossing a state trunk line highway when operating a golf cart on a street of a village, city, or township, using the
most direct line of crossing.
(9) Where a usable and designated path for golf carts is provided adjacent to a highway or street, a person operating
a golf cart may, by local ordinance, be required to use that path.
(10) A person operating a golf cart shall not pass between lines of traffic, but may pass on the left of traffic moving
in his or her direction in the case of a 2-way street or on the left or right of traffic in the case of a 1-way street, in an
unoccupied lane.
(11) A golf cart shall not be operated on a sidewalk constructed for the use of pedestrians.
(12) A golf cart shall be operated at a speed not to exceed 15 miles per hour and shall not be operated on a highway
or street with a speed limit of more than 30 miles per hour except to cross that highway or street. A village, city, or
township may, by resolution, designate roads or classifications of roads for use by golf carts under this subsection.
(13) A golf cart shall not be operated on the streets of a city, village, or township during the time period from
1/2 hour before sunset to 1/2 hour after sunrise.
(14) A person operating a golf cart or who is a passenger in a golf cart is not required to wear a crash helmet.
(15) This section does not apply to a police officer in the performance of his or her official duties.
(16) A golf cart operated on a street of a village, city, or township under this section is not required to be registered
under this act for purposes of section 3101 of the insurance code of 1956, 1956 PA 218, MCL 500.3101.
(17) As used in this section, “golf cart” means a vehicle designed for transportation while playing the game of golf.
A golf cart is not required to meet the vehicle safety requirements of a low-speed vehicle for approval under this
section.
Enacting section 1. This amendatory act does not take effect unless House Bill No. 5636 of the 97th Legislature is
enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
2
EHB 5045
Memo
To:
From:
Joanna I. Johnson, Managing Director
Date:
May 29, 2015
Re:
Information Technology (IT) Related Policy Updates
Recommended Road Commission of Kalamazoo County (RCKC) Action
We recommend the Board approve the Revised Information Technology Related Policies
b. Social Media
d. Internet Use
f. Acceptable Use
Background
Recently the National Labor Relations Board has had decisions related to information technology and the use of social
media. Based on these various rulings, we requested a review by legal counsel for any updates to our existing policies.
Staff and legal counsel have reviewed the policies for compliance accordingly.
If approved, the policies and Policy Manual will be updated and staff notified accordingly.
Alternatives
There are few alternatives to the policies, however the Board could choose to make further modifications
and/or request additional clarification or information accordingly.
Budget
There are no direct budget impacts for these policy revisions.
Summary
We recommend the Board approve the Revised Information Technology Related Policies
b. Social Media
d. Internet Use
f. Acceptable Use
POLICY
Non-Privacy, Monitoring and Electronic Communication
Employees can have no reasonable expectation of privacy when on RCKC property or in RCKC
equipment. The facility, location, buildings, furnishings, equipment, vehicles, file cabinets, desks,
computers, lockers, tools, etc., are property of RCKC and as such may be inspected, eliminated,
moved, cleaned, reassigned, or used at the discretion of RCKC.
Items of mail, packages, express items, fax information, electronic mail (email), telephone mail, or other
similar items that are delivered to or left at RCKC will be opened, read and distributed as the Supervisor
deems appropriate. There can be no reasonable expectation that an item marked with a notation, such
as “PERSONAL” or with an employee’s name, will not be opened. Employees should notify third parties
to send all personal correspondence to their place of residence.
All electronic and telephone communication systems and all communications and information
transmitted by, received from, or stored in these systems are the property of RCKC. RCKC reserves
the right to monitor and review all electronic records and communications.
Personal use should be kept to a minimum – however, employees should have no expectation of
privacy in personal emails, voicemails or other communications sent or received on company
computers or systems, even if the employee communication is sent or received using a web-based
email program.
Deleted: and as such are intended for job-related purposes
Deleted: While
Deleted: , it prohibits employees from reading other
employees’ email except in those situations that require
access for legitimate business reasons
Employees should have no expectation of privacy in email or voice mail communications, whether to
managers, coworkers, or others. Even if email is deleted from the employee’s screen, it may not be
deleted from the system, and even if employees have private code words for email access, their email
is not private, since messages may still be accessed by RCKC. Employees should use good judgment
on the preservation of all electronic communication.
Use of Electronic Mail and Privacy Procedure
1. All computers and electronic and telephone media (including fax and telex) are the property of
RCKC and to be used solely for business purposes except on non-working time. Non-working
time means breaks, meal periods or other times when productive work is not expected by
RCKC.
2. Use of RCKC property and transmissions will be monitored as needed by authorized RCKC
staff to ensure that legitimate business interests are being carried out during the use of such
property.
3. When using email, always know to whom you are sending a message. Double check
names/addresses in order to avoid inadvertent broadcasts.
Commented [JJ1]: Revised to comply with the NLRB’s
decision in Purple Communications, which gives employees a
right to use employer email system on non-working time.
Deleted:
4. When sending email to large groups place group names in the bcc (blind copy) field to prevent
addresses from inadvertently sending “Reply to all” responses that can congest networks and
servers.
5. Use of email can be the equivalent of a business memorandum; therefore, words and
messages should be prudently selected. An employee should not commit to e-mail what he or
she would not readily commit to a business memorandum. Electronic or telephone
communication systems may not be used to transmit messages that are obscene,
pornographic, profane, or that may violate RCKC’s other policies, including those prohibiting
harassment or discrimination.
Deleted: abusive, defamatory
Deleted: be considered
Deleted: under
6. Do not send highly sensitive or confidential messages over the email network unless properly
encrypted, and sent by and to parties authorized to have access to the information. All email
signature should include: “Confidentiality Notice: The information contained in this electronic
mail message and any attachments is intended only for the use of the individual or entity to
which it is addressed and may contain legally privileged, confidential information or work
product. If the reader of this message is not the intended recipient, you are hereby notified that
any use, dissemination, distribution, or forwarding of the Email message is strictly prohibited. If
you have received this message in error, please notify me by Email reply, and delete the
original message from your system.”
7. All passwords are the property of RCKC and may be used by RCKC to access electronic and
telephone communications at any time. Employees must provide the Finance Director with any
and all password to electronic and telephone communication systems and must promptly notify
the Finance Director of any change to a password.
8. Passwords to any RCKC applications should not be shared with other persons or entities without
prior Management approval.
9. Ensure all emails have signature including your employee name, title, telephone numbers, fax
number, website address
Failure to comply with any portion of this policy will subject the violator to appropriate disciplinary
action, up to and including discharge.
Deleted: <#>Do not send email soliciting support,
participation or funds for personal business or on behalf of
personal interest groups or to express political opinions.¶
POLICY
Social Media
RCKC understands that various commentaries, discussions, and debates occur online every day. The
Internet and social media websites are constantly changing the way such communications occur and
information sharing is now easier, and faster, than ever.
This Social Media Policy is intended to assist RCKC employees in responsible, safe and appropriate
use of social media. All employees are expected to comply at all times with this policy and any
employee who deviates from this policy may be subject to discipline up to and including discharge. This
policy does not prohibit employees from discussing their wages, hours and terms and conditions of
employment online and RCKC will not interpret or apply this policy in any manner that would interfere
with employee rights under the National Labor Relations Act.
The following standards apply to the online activities that you engage in:
1.
You are Responsible for Your Actions. You are personally responsible for the content of
anything that you post or otherwise communicate online. Always exercise common sense
and good judgment and remember that once something is posted on the Internet, it can
never be fully erased. All of RCKC’s personnel policies apply to employees’ online
behavior, including those that prohibit harassment, discrimination and retaliation, and
violations of those policies will result in discipline up to and including termination, where
appropriate.
2.
Do Not Make Statements On Behalf of RCKC Without Explicit Authorization. No
employees are authorized to make comments, post on blogs, or other postings on the
Internet on behalf of or that are attributed to RCKC without prior, formal, written
authorization from RCKC. This includes any claim, whether explicit or implied that the
employee is authorized to speak on behalf of RCKC.
3.
Be Conscious of How You May Be Perceived. When you identify yourself as a RCKC
employee, your statements and communications on the Internet may be viewed (whether
related to RCKC or not) as RCKC-sponsored.
Because of the potential for
misunderstanding, should you choose to reference RCKC in the context of an Internet
posting, you must prominently and appropriately identify the posting as an expression of
your individual views. For example, if you post a blog that references RCKC in any
manner, you should include at the beginning of the post a disclaimer such as: “The views
expressed in this blog are my personal views and they do not represent the views or
opinions of RCKC in any way.”
Deleted: Before posting something online, ensure that it
is accurate, truthful, and respectful, with an appropriate
tone. RCKC expressly prohibits abusive, disparaging or
harassing online behavior. Also, you may not use social
media to manipulate or mislead, including by way of
illustration, posting false or misleading information.
Deleted: Also, be sure that all of your online statements
and communications are consistent with your work and
with RCKC’s values and professional standards.
4.
Respect all Copyright and Intellectual Property Laws. For RCKC’s protection as well as
your own, it is critical that you show respect for the laws governing copyright, for use of
copyrighted material owned by others, trademarks and intellectual property.
5.
Never Reveal Confidential RCKC Business or Information. You may never post or reveal
any non-public RCKC information or any non-public information disclosed by a third-party
to RCKC, online. Your compliance with all RCKC policies about non-public information is
required at all times. Neither this policy nor any other RCKC policy prohibits employees
from speaking about their wages, hours and terms and conditions of employment.
6.
Be Aware of Your Unintended Audience. Often people post things online with the
intention that they only be viewed by friends and family. However, it is impossible to
completely insulate information published online from unintended access. Please keep
in mind that it is always possible that your colleagues and supervisors, as well as RCKC
vendors and the Board of County Road Commissioners of Kalamazoo County, may gain
access to something that you post online.
POLICY
Deleted: Never Infringe on Third-Party Rights
Deleted: RCKC prohibits posting or communicating
anything that may be subject to a third-party right such as
a copyright, trademark, logo, patent, rights of publicity or
other third-party right. Also, you must respect other’s
rights of privacy.
Deleted: Non-Public
Instant Messaging & Peer to Peer Sharing
Communication with various internal and external organizations and individuals is recognized as an
important function for RCKC. To support that requirement, a secure, reliable infrastructure that
transmits and processes both voice and data is essential. Failure to adequately protect this
infrastructure could result in denial of service. Instant messaging (IM) file sharing are unsecured
technologies that expose our infrastructure to threats such as viruses, pop-ups, SPAM IM (SPIM),
intrusion and data theft.
Instant messaging uses a client program to an IM service allowing real-time communications. Due to
the nature of the technology, antivirus monitoring of IM traffic is difficult. Instant messaging can be
configured for file sharing allowing exploitation at by hackers who can access files or configure that
computer to send notifications each time the computer is online. Malicious programs may modify
configuration settings enabling unrestricted access to the computer. Most IM solutions lack
encryption capability which exposes confidential information to monitoring.
The use of RCKC computer/telecommunications system is reserved solely for the conduct of RCKC
business except on non-working time. Non-working time means breaks, meal periods or other times
when productive work is not expected by RCKC.
The use of RCKC computers or other devices owned, operated and/or connected within the RCKC
network are strictly prohibited from using IM file sharing excluding those cases as noted in the
Procedure section.
Deleted: .
Deleted: With the exception of incidental personal nonbusiness use.
Instant Messaging & Peer to Peer Sharing Procedure
1. Refer to the Use of Electronic Mail and Privacy Policy regarding the RCKC’s right to all
information transmitted or stored on RCKC’s computer and communication system.
2. This policy applies to all RCKC computers accessing the internet via the RCKC’s network to
include external access via a Virtual Private Network (VPN) or other means. Computers that
do not connect to the internet via RCKC’s network are exempt from this policy.
a. Instant messaging (IM) services provided are allowed for internal use.
b. Internet IM services will be authorized by the Finance Director if a proven requirement
exists and the service offers sufficient security to guard against threats such as viruses,
pop-ups, SPAM IM (SPIM), intrusion and data theft.
Deleted: Failure to comply with any portion of this policy will
subject the violator to appropriate disciplinary action, up to
and including discharge.¶
POLICY
Internet Use
Access to the Internet is recognized by RCKC as a technological resource and is provided to its
employees as a business communication tool. There are numerous resources available through the
internet, which allow employees to gather information, conduct research, training, networking, and
monitoring information pertinent to their technical areas. Every employee has a responsibility to
maintain and enhance the RCKC public image and to use the internet in a responsible manner.
Access to the Internet, transmittal and receipt of information over the Internet, software and files
downloaded through the Internet, and information accessed on the internet must be in compliance
with RCKC policies. Employees should have no reasonable expectation of privacy while accessing
the Internet through RCKC’s equipment or systems. RCKC may monitor internet access through its
network or on its equipment.
Employees accessing the internet are representing the RCKC. The use of the Internet via the
RCKC’s computer/telecommunications system is reserved solely for the conduct of RCKC business
except on non-working time. Non-working time means breaks, meal periods or other times when
productive work is not expected by RCKC.
Internet Use Procedure
Deleted: ¶
¶
All RCKC employees are authorized to access the Internet
unless specifically denied access by their Department Head.
Department heads wishing to deny access to specific
employees will notify the Finance Director via email, noting the
reason for denial. Employees who are misusing or suspected
of misusing internet access should be counseled and
corrected by their immediate supervisor before access is
denied.
Deleted: If Internet abuse is suspected,
Deleted: the access of specific computers on the
Deleted: .
Deleted: With the exception of incidental personal use.
Employees are expressly prohibited from using computer systems within the RCKC network for any
of the following purposes (the following are examples and are not meant to be an all-inclusive list):
1. Copying or transmission of any document, software or other intellectual property protected by
copyright, patent or trademark law, without proper authorization by the owner of the intellectual
property.
2. Engaging in any communication that is obscene, discriminatory or harassing.
Deleted: The Internet is not to be used for personal gain or
advancement of personal views. The use of RCKC
information and communication systems for any
communication or activity which is in violation of any law or
RCKC policy is strictly prohibited.¶
¶
Uses
Deleted: <#>Solicitation of non-RCKC business, or any
use of the Internet for personal gain.¶
Deleted: threatening, defamatory,
Deleted: offensive
3. Gambling.
4. Viewing, downloading, or exchanging obscene material.
5. Illegal activities of any kind.
6. Disclosure of protected health information in a manner inconsistent with RCKC policy.
Deleted: <#>Political activities including sending political
messages and solicitation of funds.¶
7. Use of email addresses for marketing purposes without explicit permission from the target
recipient.
8. Forwarding of email from in-house or outside legal counsel, or the contents of that mail, to
individuals outside of the RCKC without express authorization of counsel.
9. Misrepresenting, obscuring, suppressing, or replacing a user’s identity on an electronic
communication.
10. Attempting unauthorized access to data or attempting to breach any security measure on any
electronic communication system, or attempting to intercept any electronic communication
transmissions without proper authorization.
11. Using personal Voice over IP (VOIP) i.e. Skype.
12. Accessing streaming media sties for non-business use i.e., Internet Radio.
This policy applies to all RCKC computers accessing the internet via the RCKC’s network to include
external access via a Virtual Private Network (VPN) or other means. Computers that do not connect
to the internet via RCKC’s network are exempt from this policy.
Deleted: <#>Obtaining access to the files or
communications of others with no substantial RCKC
business purpose.¶
POLICY
Remote Access and Application Service Provider
It is the responsibility of RCKC employees, contractors, vendors and agents with remote access
privileges to the RCKC network to ensure that their remote access connection uses the secure
methods of connection made available by the Finance Director. Any method of connectivity that
circumvents security by an unsecured means or allows unauthorized persons access to the RCKC
network is prohibited. Remote access implementations that are covered by this policy include but are
not limited to dial-in, frame relay, ISDN, DSL, Wireless, VPN, SSH, cable and Extranet.
In addition, any Application Service Provider (ASP) engaged by the RCKC must comply with all
security requirements and policies regardless of where the application is hosted.
Remote Access and Application Service Procedure
1. Secure remote access is strictly for RCKC employees and authorized vendors, contractors and
agents of RCKC. Anyone authorized for remote access should at no time allow any
unauthorized individual to use their connection, nor share their password, or other information
to gain access.
2. RCKC employees and contractors with remote access privileges must ensure that their RCKC
owned or any personal computer which is remotely connected to the County’s network is not
connected to any other network at the same time with the exception of personal networks that
are under the control of the user.
3. Reconfiguration of a home computer user’s equipment for the purpose of split-tunneling for
dual homing is not permitted at any time.
4. All hosts (including personal computers) that are connected to the RCKC internal networks via
remote access technologies must use the most up to date antivirus software.
5. This policy applies to all devices that access the RCKC network which could include Personal
Computers, Laptops, Servers, Personal Digital Assistant, Wireless Application Protocol
phones, etc.
6. Application Service Providers must provide documented proof of compliance with acceptable
information security requirements. Any information hosted by an ASP is the property of RCKC
and disclosure of information to any non-RCKC entity will only be with written authorization
form the Finance Director. No restrictions will be placed on the RCKC’s access to that
information.
Deleted: <#>RCKC employees must not us non-RCKC
email accounts to conduct RCKC business, thereby
ensuring that official business is never confused with
personal business.¶
POLICY
Acceptable Use
Computer and communication equipment issued by RCKC is considered RCKC property until
properly disposed. Such equipment will be used in a manner that ensures compliance with all related
policies pertaining to computers, software, communications and information. Equipment is intended
for use pursuant to RCKC business. Any information created using RCKC computers remains the
property of RCKC. Individuals assigned RCKC equipment are responsible for the equipment
assigned to them. Inappropriate use might bypass security measures, exposes the RCKC to risks
such as; virus, spam, spyware and intrusion attacks, compromise of network systems and services,
degradation of service, increased support costs and legal liability.
Deleted: Personal use shall be limited to minimal incidental
use.
This policy applies to employees, contractors, consultants and temporary employees using any
computer equipment provided by RCKC.
Acceptable Use Procedure
1. Under no circumstances is an employee of RCKC authorized to engage in any activity that is
illegal under local, state, federal or international law using RCKC owned resource.
2. Passwords must be kept secure and not shared with others. Authorized users are responsible
for the security of their passwords and accounts. Passwords should be changed regularly and
provided to the Finance Director.
3. All RCKC information should be stored on the network file and not on the local storage media.
4. Non-RCKC employees requiring access to RCKC wireless connections will submit a request to
the Department Head via email including name, contact information, agency and justification.
Requests will be forwarded to the Finance Director for final review and approval and must
comply with applicable RCKC policies. Requests may/may not be approved at the discretion
of RCKC.
5. RCKC employees are responsible for the proper care and security of equipment assigned to
them, and is liable for damages resulting from willful intent or negligence. Charges for repair
due to misuse of equipment or services may be the responsibility of the employee as
determined on a case by case basis.
6. All software in RCKC owned or controlled computers must be installed and used in strict
accordance with the current licensing agreements. Neither software from personal sources
Deleted: <#>RCKC systems may not be used to solicit for
personal gain or the advancement of a political or religious
belief.¶
nor software licensed to others is permitted to be installed or used in RCKC computers,
including freeware and shareware unless authorized by the Finance Director.
7. Lost or stolen equipment will be reported immediately to the Department Head and Finance
Director.
Deleted: of
8. Change in ownership will be reported to the Finance Director upon transfer with the
appropriate contact information.
9. All non-RCKC users will comply with all RCKC IT policies.
Deleted: t

policy - Road Commission of Kalamazoo County

Transcription

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