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HomeMy WebLinkAboutRESOLUTION - 10-90 - 1/23/1990 - PERSONNEL RULES & REGS AMENDEDRESOLUTION NO. 10-90 A RESOLUTION AMENDING ARTICLE IX DISCIPLINE, RULES AND EMPLOYEE COMMUNICATION PROCEDURES OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: That Article IX, Discipline, Rules and Employee Communication Procedures of the Personnel Rules and Regulations of the Village of Elk Grove Village be and the same is hereby amended by adding thereto the following: SECTION 9.23 RIGHTS TO DISCOVERIES: All discoveries, inventions, improvements, formulas, concepts, devices, writings or other intellectual property, whether or not subject to patent or copy- right laws, which employees shall conceive solely or jointly with others, in the course or scope of his/ her employment with the Village, or with the Village's materials or facilities, shall be the sole and exclusive property of the Village of Elk Grove Village without further compensation to the employee. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 6 PASSED this 23rd APPROVED this 23rd ATTEST: Patricia S. Smith Village Clerk NAYS: 0 ABSENT: 0 day of January , 1990. day of January , 1990. Charles J. Zettek Village President VILLAGE OF ELK GROVE VILLAGE PROPERTY RIGHTS/OWNERSHIP POLICY AND AGREEMENT Any employee of, or consultant or contractor for, the Village of Elk Grove Village who develops or invents: a) computer programs in all forms; b) new techniques for using computer, electronic, radio, telephonic or other hardware; c) a new process, procedure or use of equipment automatically assigns all ownership rights to the Village of Elk Grove Village if any one or more of the following criteria are met: - developed using Village equipment, supplies, faci- lities or resources - developed within the scope of the Village employment or contractual relationship - copyrighted for the Village - incorporates or uses Village information, research and/or development - not developed under a contract which specifically assigns rights to the consultant or contractor An employee may not sell, license or transfer a development or invention that meets one or more of the above criteria unless approved and authorized by the Village of Elk Grove Village. Con- sultants or contractors for the Village must have a contractual agreement with the Village prior to the sale, license or other transfer of included inventions, processes or developments. Municipalities or other entities wishing to acquire software programs or applications developed by Village employees in the scope of his/her employment or by Village consultants/contractors, may be only provided copies of such programs or applications pur- suant to a license agreement with the Village. Any Village employee, consultant or contractor who develops or invents software, applications, new processes or equipment independent of the limitations stated above: - may not use that software, application, process or equipment on Village equipment or property without prior approval from the Village Manager and must give the Village a permanent right to its use. - maintains all rights of ownership, including all profits from and retains any and all liabilities arising out of or in connection with the software. - may retain the right to market this development or invention. The Village will not support marketing using Village equipment, supplies or time unless contractually agreed upon. The Village shall not claim any profits or accept any liabilities resul- ting from this marketing and thus employees should not sell to firms, businesses, companies, corpora- tions, municipalities or others who perform services or supply products to the Village of Elk Grove Village. - will not be able to consult or assist purchasers while on Village time nor use Village equipment, supplies or facilities. This policy will be enforced in all matters as referred to above regardless of an employee's current or future job classi- fication or position within the Village. The above Policy Statement/Agreement was approved by Resolu- tion No. 10-90 , duly adopted on the 23rd day of January 1990 by the Village President and Board of Trustees of the Village of Elk Grove Village.