AI Policy

Weld County Artificial Intelligence Use Policy

I. Introduction

Weld County Government is committed to the ethical and secure use of artificial intelligence. This Artificial Intelligence Use Policy ("Policy") outlines requirements with respect to the adoption of all forms of artificial intelligence at Weld County Government. Such artificial intelligence adoption includes use for business efficiencies, operations, and inclusion in Weld County Government’s products and services.

This Policy is applicable to all Weld County Government directors, officers, board members, employees, contractors, representatives, affiliates, agents, and any person or entity performing services for, or on behalf of, Weld County Government. The Board of County Commissioners at Weld County Government is responsible for the enforcement of this Policy.

II. Definitions

"Artificial intelligence" or "AI" means the use of machine learning technology, software, automation, and algorithms to perform tasks and make rules or predictions based on existing datasets and instructions.

"Artificial intelligence system" or "AI system" means software that is developed with one or more of the techniques and can, for a given set of human-defined objectives, generate outputs such as content, predictions, recommendations, or decisions influencing the environments they interact with.

"Closed AI system" means an AI system where the input provided by one user is used to train the AI model. Input data from the user is isolated from other users, and the data is considered more secure.

"Embedded AI Tools" means AI tools embedded in existing software tools approved and used at Weld County Government and which do not require approval for use from the Chief Information Officer("CIO").

"Non-public Weld County Government data" means any information that, if disclosed, could violate the privacy of individuals, government regulations or statutes, could jeopardize the financial state of Weld County Government, or could damage its reputation.

"Open AI system" means an AI system where the input provided by all users is used to train the AI model. Input data from all users is not private and may be revealed to other users.

"Personal information" means information that identifies with, relates to, describes, is capable of being associated with, or could reasonably be linked to, directly or indirectly, a particular person or household.

"High-Risk AI Systems" means any AI system that, when deployed, makes, or is a substantial factor in making, a consequential decision.

"Consequential Decision" means a decision that has a material legal or similarly significant effecton the provision or denial to any consumer of, or the cost or terms of:

"Algorithmic discrimination" means any condition in which the use of an artificial intelligence system results in an unlawful differential treatment or impact that disfavors an individual or group of individuals based on their:

• actual or perceived age
• color
• disability
• ethnicity
• genetic information
• limited English proficiency
• national origin
• race
• religion
• reproductive health
• sex
• veteran status

or any other classification protected under state or federal law.

"Weld County Government Representatives" means all Weld County Government directors, officers, board members, employees, contractors, representatives, resellers and sub-resellers, distributors and sub-distributors, affiliates, agents, and any person or entity performing services for or on behalf of Weld County Government.

III. Guiding Principles

The intent of this policy is to provide general guidance on the use of AI at Weld County Government to leverage the use of AI as a tool while ensuring the county continues to meet legal obligations and act in an ethical manner. The use of AI should never compromise Weld County Government’s core values or introduce undue risk to the organization. Rather, the use of AI should be focused on improving business efficiencies and enhancing the ability of Weld County Government to fulfill its mission.

This Policy is not intended to address every use of AI at Weld County Government by a Weld County Government representative. There are certain departments and functions at Weld County Government that bear more considerations and potential risks. Before using any AI applications or tools at Weld County Government for business tasks, such as writing an email or more complex business processes such as analyzing datasets, employees should consult with their managers/ and seek guidance from IT/CIO. Also, please see "Prohibited Uses" in Section IV for situations in which AI may not be used at Weld County Government, and "High-Risk Use of AI Systems" in Section VI for situations in which extreme caution is required when considering using AI.

In addition, there are certain embedded AI tools used in existing, approved Weld County Government software that do not require additional approval for use. For example, the use of Microsoft Word in which Microsoft Word has embedded an AI tool to check spelling or grammar. The use of embedded AI tools in approved software at Weld County Government is permitted, provided those software tools are aligned with previous general business uses.

When third-party software, services, or contractors are utilized or employed, any AI usage through software used by these parties or services must be noted and evaluated carefully. Contracted services that utilize AI technology should be considered in the same light as individual AI usage. Consult with the legal department about the inclusion of an AI-specific clause in any vendor or contractor agreements. The following principles must be followed when considering using an AI system at Weld County Government:

1. The use of an AI system should primarily focus on completing departmental goals as directed by county leadership. Except for the use of an embedded AI tool in a software system approved for use at Weld County Government, any use of a new AI System at Weld County Government must be approved by the CIO or their designee. See - "General AI Use Standards" and "Use Approval" in Section IV.
2. AI is to be utilized as a tool and is not a substitute for expertise. For example, if using AI for coding, the individual deploying the AI must have expertise in coding.
3. All AI-generated content (writing, datasets, graphs, pictures, etc.) must be thoroughly reviewed by an individual with expertise to evaluate such content for accuracy as well as general proofing and editing. AI-generated content should be viewed as a starting point, not the finished product. Like any content at Weld County Government, AI-generated content should conform to the look and feel of the Weld County Government brand.
4. Any use of an AI system must have clear objectives for AI use as a tool and business-accepted data sets from which the AI draws. If the data sets that the AI is using are not accurate, then the information AI provides will not be accurate.
5. AI systems are trained on data that may contain inherent bias. Users of these systems are responsible for reviewing any AI-produced content for bias and correcting it as necessary.
6. Non-public Weld County Government information must never be put into a non-approved open AI system.
7. Weld County Government representatives must document all AI systems they are utilizing and for what functions. Documentation of specific AI embedded tools in an approved existing software tool when using that tool as intended is not required. Discuss the process for tracking the use of AI systems with your department head.
8. The use of an AI system must be documented to capture institutional knowledge. For example, if AI is used to create code and included in a larger section of code, there must be documentation as to which code section is AI-derived and who reviewed it.
9. The use of an AI system must meet any terms of use or contractual limitations. Contractual restrictions or terms of use may restrict Weld County Government's use of an AI system that would otherwise be legally compliant and ethically sound. For example, an AI system's terms of use may require the use of certain disclaimers in certain use situations or prohibit the use of the AI system to do certain tasks. Weld County Government representatives should have all terms of use or contracts for AI systems reviewed by the Legal Department to ensure compliance with contractual obligations in using an AI system.
10. Approval of an AI system does not eliminate the need for other internal approvals required at Weld County Government for the use of technology, such as a security review, privacy review, cost review and spend approval, legal review, human resources review, etc. An AI system should go through the same review and approval process as other software or services at Weld County Government. You should also ensure within your department that your department head is aware of the use of the AI system and has approved any use of the AI system, particularly for AI-generated content that will be relayed externally.

IV. Prohibited Uses

There are certain uses of AI that are prohibited. Unless otherwise approved by the CIO or the Board "of County Commissioners, Weld County Government representatives are prohibited from using AI systems for any of the following activities at any time:

1. Conducting political lobbying activities, which are defined as any action aimed at influencing a government, government Official, or government entity for any reason.
2. Using AI systems to identify or categorize candidates, employees, contractors, or other affiliated entities based on protected class status.
3. Entering personally identifiable information, confidential information, or personal data about any individual into a non-approved open AI system.
4. Entering any sensitive information about an individual into any non-approved open AI system. "Sensitive information" includes medical or health data, financial, racial or ethnic origin, religious beliefs, gender, sexual orientation, disability status, or any other part of a person’s life someone would want to keep private.
5. Using an AI system to obtain legal advice.

V. Ethical Guidelines

Weld County Government desires to act in an ethical manner when using AI. Accordingly, there may be uses of AI that are legally permissible, but which do not meet ethical requirements. Any use of an AI system at Weld County Government should conform to the following ethical guidelines.

1. Integrity in Use: All users of AI systems should be honest about how AI helped with getting the work done. Even if using an AI system approved by the CIO for approved use, users should ensure their manager or the department requesting a task for which a user is using an AI system is aware of the use of the AI system. Do not pass off AI-generated work as completely original. Additionally, users should ask permission if they desire to use an AI system tool to complete a task. For example, ask your manager and HR representative if you may use an AI system to assist in writing a performance evaluation.
2. Appropriate Content: Do not use company time or resources to generate content using an AI system that would be considered illegal, inappropriate, harmful to Weld County Government's brand or reputation, or disrespectful to others.
3. Unauthorized Use: Do not use company time or resources to generate content using an AI system for personal use without prior approval of the appropriate department head.
4. Resident Rights & Consumer Disclosure.
   • Require notice to residents when AI is used in a consequential decision.
   • If the decision is adverse, residents must receive:
     • The reasons for the decision and AI’s role.
     • The data sources used.
     • An opportunity to correct data.
     • A right to appeal with human review if feasible.
5. Public Transparency
   • Publish a public statement on Weld County’s website listing:
     • All high-risk AI systems in use.
     • How risks of algorithmic discrimination are managed.
     • Categories of information collected and used.
     • Must be updated periodically as AI systems are adopted, modified, or retired.

VI. High-Risk Use of AI Systems

There are certain uses of AI systems that are more high risk than others. As a government entity, Weld County Government is committed to complying with all legal requirements and guidance. Examples of High-Rick Use:

1. Personal Data in AI Systems: AI should be used with extreme caution when inputting any personal data of an individual into a closed AI system (it is prohibited to put any personal data into an open AI system).
2. Screening Job Candidates: AI should be used with caution when screening any job applicants to ensure it does not adversely impact protected class members or introduce any bias. Equity and inclusion issues surrounding AI use in job screening are a potential source of litigation.
3. Personnel Decisions: AI should be used with caution for any use related to making decisions on promotions, retention, or similar personnel such decisions. Extreme caution should be utilized to ensure that biases (including biases found in existing data sets) are avoided.
4. Financial Decisions: The high-risk use of AI systems for financial decisions poses significant concerns, particularly regarding model accuracy and data integrity. Algorithms trained on historical data may inadvertently perpetuate biases or fail to account for unprecedented market conditions, leading to flawed predictions that can result in substantial financial losses. Additionally, the reliance on AI can diminish human oversight, reducing the ability to critically evaluate decisions and adapt to shifting economic landscapes. Furthermore, vulnerabilities in AI security can expose sensitive financial data to cyber threats, further complicating risk management. Therefore, while AI has the potential to enhance efficiency and analysis in finance, it is crucial to implement robust oversight and rigorous testing to mitigate these risks effectively.

VII. General AI System Use Standards and Use Approval

Except for AI Embedded Tools in approved software, all uses of AI systems must be approved by the CIO and the county attorney’s office prior to use to ensure such AI system use meets the following principles:

1. Lawful: The use of AI systems must comply with all applicable laws and regulations, as well as any contractual obligations, limitations, or restrictions.
2. Ethical: The use of AI systems must adhere to ethical principles, be fair, and avoid bias.
3. Transparent: Disclosures of the use of AI in any AI-assisted content generation must be made when required by law or contract, or when required by the Weld County Government.
4. Necessary: The use of AI systems must be for a valid business purpose to improve Weld County Government’s business efficiencies and support the organization’s mission. The use of AI is not a substitute for human critical thinking or expertise and should not require Weld County Government to incur an unnecessary expense without any true benefit.

Weld County Government will maintain an AI risk management program consistent with nationally recognized frameworks. For each high-risk AI system, the County will conduct an impact assessment prior to deployment, annually thereafter, and within 90 days of any substantial modification. Assessments will be retained for at least three (3) years after the system is no longer in use.

Prior to submitting a request to the CIO for the use of an AI system, a requester should first "obtain the approval of his or her department head or elected official. In addition, in evaluating whether to make a request, the requester should ensure that the AI system use, if approved, would conform with the guidelines in this Policy, prior to submitting such request.

VIII. Training

All Weld County Government departments and offices that interact with AI systems must be trained on this policy. Additionally, specific departments or functions at Weld County Government may require more specific training on the use of AI systems for their department or functions when more high-risk.

IX. Resident Notice and Disclaimer

Weld County Government is committed to the responsible and transparent use of artificial intelligence ("AI") to improve services for residents. AI may be used as a tool to assist with certain government operations, but all final decisions affecting residents remain subject to human oversight and review.

If AI is used in a decision that affects a resident, Weld County will provide notice, explain the role of AI in that decision, and provide the opportunity to correct errors or request human review, in accordance with Colorado law (Senate Bill 24-205). Weld County does not use AI systems to make decisions based on race, color, religion, national origin, sex, disability, veteran status, or any other classification protected under state or federal law.

Nothing in this notice creates or expands any legal rights beyond those provided by applicable law.

X. Reporting Non-Compliance

Weld County Government elected officials, directors, managers, employees, and agents aware of any conduct that may violate this Policy have a responsibility to report it. Individuals are encouraged to make reports through normal reporting relationships beginning with their managers and department "head or elected official. All reports of suspected misconduct or non-compliance will be reviewed by "the CIO, Legal Counsel, Human Resources, or other appropriate parties. Unless acting in bad faith, "Weld County Government employees will not be subject to reprisals for reporting potential "violations."

If Weld County Government determines that a Weld County Government Representative has failed to comply with this Policy after an investigation concludes, then the Weld County Government Representative will be subject to disciplinary action, up to and including termination.