The City of Ontario received 22 pagers from Arch Wireless in late 2001 and 2002. The method by which the text message are sent are as follows: the text message leaves the originating pager through a radio frequency transmission, which is then received by any one of many receiving stations, owned by Arch Wireless. The message is then entered into the Arch Wireless computer network by wire transmission or satellite. Once the message is in the Arch Wireless computer network, it is then relayed to the Arch Wireless computer server, where it is archived and stored for up to 72 hours, until the receiving pager can receive the text message. Once the message is archived and delivered in an Arch Wireless service area, the recipient pager is ready to receive delivery, at which point the Arch Wireless server retrieves the message and sends it to a transmitting station close to the recipient pager. Arch Wireless owns the transmitting stations.
The City of Ontario, while having no official policy regarding text-messaging by use of its pagers, did not have a general policy regarding computer usage, internet and e-mail, and this policy is that “[t]he use of City-owned computers and all associated equipment, software, programs, networks, Internet, e-mail and other systems operating on these computers is limited to City of Ontario related business. The use of these tools for personal benefit is a significant violation of the City of Ontario Policy.” In addition, the City of Ontario reserved the right to review all Internet sites that the employees visited and log all e-mail and Internet use, with and without notice. Access to the Internet and e-mail was not confidential, and all information produced is considered City property.
Appellant signed an “Employee Acknowledgement” in 2000 in which he acknowledged that he had read the company policy regarding computer usage, Internet and E-mail. On April 18, 2002, Appellant attended a meeting with