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HomeMy WebLinkAboutN-252 - Cell Phone UseCITY OF PASCO ADMINISTRATIVE ORDERS Administrative Order No. 252 Personnel Policies & Procedures Subject: Cell Phone Use Initial Effective Date: October 1, 2004 Revised 4/27/15 Approved L The following Administrative Order is effective April 27, 2015, and replaces Administrative Order No. 82, dated 10/1/04. I. PURPOSE: This Administrative Order is issued to establish policy and expectations regarding the provision and use of cell phones for City employees. II. POLICY: When justified for city purposes, recommended by department directors and approved by the City Manager or designee, the city will provide cell phones and/or payment for cell phone usage. III. ATTACHMENTS: 1. Cell Phone Use Agreement — City -Owned Cell Phones 2. Cell Phone Use Agreement — Personal Cell Phone Allowance 3. Personal Cell Phone Allowance Schedule IV. CELL PHONE USE CATEGORIES: City -Owned Cell Phones. A. When determined to be in the best interest of the city and required by the work, the city may provide cell phones for assignment to work groups or individual employees and provide for the payment of ongoing use fees. See Section V of this order for cell phone purchase criteria. B. It is the responsibility of department directors to initially determine, and to assure through periodic review, that actual cell phone use and the purchased use plan maintains the most economical and efficient use of each cell phone. Administrative Order No. 252 — "Cell Phone Use" Attachment No. 1 C. City -owned phones should not be used for personal calls; except for occasional, limited de minimus use [one-two calls per week of short duration (less than three minutes) would be considered acceptable]. If more than de minimus personal use occurs, the employee shall reimburse the city for the extra expense occasioned by the call. If the department director determines that excessive personal use is occurring, the employee may be subject to discipline and/or the city may reassign the cell phone or cancel its use. D. Assigned employees are responsible to ensure that phones are protected from loss, damage or abuse. Assigned individuals should note that, most commonly, charges are made for both outgoing and incoming calls. Employees should be selective as to whom the cell phone number is given. Employees using City - owned cell phones shall sign a Cell Phone Use Agreement with the city, which should be renewed annually (attachment No. 1). E. All devices with email or internet capability must be pre -approved by Information Services for support capability and will be controlled at the server level from having third -party applications installed and will be configured to require a password that is centrally administered. Only the base operating system and default applications will be supported. F. It is understood that any cell phone and/or any related service, provided for use by City employees, are the City's property. This includes all data stored on the cell phone (including any email, text, photos etc). The City reserves the right to inspect and monitor any and all such communications at any time to ensure compliance with this policy, with or without notice to the employee. G. With a few exceptions, everything relating to the conduct of government or the performance of governmental functions, whether written, recorded, taped or electronically stored is subject to public inspection and must be preserved and/or maintained according to the City's record retention schedules. The device and/or information stored on the device are subject to audit by management upon request, public disclosure, and/or legal discovery process. H. The employee must immediately notify their supervisor in the event of phone loss or if its security has been compromised. In order to protect City systems, the City may wipe (format) a phone and/or disable or disconnect service to that device to prevent unauthorized access or use. I. It is the sole responsibility of the employee issued the cell phone to maintain the appropriate security and confidentiality of the City equipment. This includes taking steps to prevent unauthorized persons from using equipment belonging to the City and/or accessing systems and information maintained by the City. It also includes maintaining the privacy of any information that may be governed by Washington State laws and/or federal regulations regarding information privacy, Health Insurance Portability and Accountability Act (HIPAA) and law enforcement data. J. Use of a city provided phone must be in compliance with City policies, including but not limited to the Electronic Communications Policy (Administrative Order 809) and anti -discrimination, harassment and retaliation policies. Administrative Order No. 252 — "Cell Phone Use" Page 2 2. Using a Personal Cell Phone to Conduct City Business A. All call records, documents and data, photos, electronic communications, texts etc. used to conduct City business, and made with a personally owned device, are subject to records retention requirements and public records disclosure. It is specifically understood that any personally -owned cell phones and/or related services used to conduct City business and/or any such information transmitted or stored on such equipment potentially creates public records. As a result, such records and other information dealing with the conduct of government on a personal device may be subject to review or audit by management, or in the event of a litigation or public disclosure request. The owner of a personal cellular device may be required to submit personal call logs and text messages on the device, including all personal and business related information, if it is subject to a public records request or litigation hold. B. Public records include any information documenting City business; such information, including emails and texts, attachments, etc., must be preserved as any public record. Personal information about City employees such as phone number (mobile and land line), home e-mail, or home address, as well as any personal information not attributed to the conduct of government, are exempt from public disclosure under RCW 42.56.250(3). Maintain public records and information on personal cell phones in the same manner as if it was a city - owned device. C. Use of a personal cell phone to conduct City business must be in compliance with City policies, including but not limited to the Electronic Communications Policy (Administrative Order 809) and anti -discrimination, harassment and retaliation policies. 3. Personal Cell Phone Allowance. A. Employees who have a legitimate business need and who would normally be eligible for a City -owned phone may be eligible for a cell phone allowance in lieu of a City -owned phone. The allowance shall be based on the business need of the City and in conformance with the allowance schedule attached (attachment No. 3). The employee must sign a Cell Phone Agreement with the City which shall be current, and renewed annually, for as long as the cell phone allowance is in place. Allowances will be paid through the employee's normal payroll check (attachment No. 2). B. Employees receiving a cell phone allowance are responsible for: i. Purchase of equipment. ii. Payment of bills and charges, including cost for any cosmetic or other extras associated with the phone. iii. Account set up. iv. Notifying the City immediately if the monthly bill is less than the City allowance. v. Applicable taxes (allowance is taxable income, paid through payroll). vi. Retaining six (6) months of monthly billing records. vii. Upon request by the City, provide recent billing statements reflecting all business related phone calls. Personal phone use may be redacted. Administrative Order No. 252 — "Cell Phone Use" Page 3 C. hi the event a personal cell phone, subject to allowance, is to connect to City systems (i.e., email, internet and file system), Information Services will determine device compatibility with City systems. D. Because the cell phone is owned personally by the employee, and any allowance provided is taxable income, the employee may use the phone for both business and personal purposes, as needed. However, personal use should be kept at a minimum during the employee's working hours and should be made at times that do not adversely affect the performance of official duties. E. The City will not provide technical support for these personal cell phones, except for limited support for data communication with the City's network, for those authorized to have the ability to do so. F. In order to protect City systems, the City reserves the right to require password protection and to wipe (format) personally -owned cell phones. This may be required due to, among other things: corruption of the device's operating system, introduction of malicious software or viruses, termination of employment or termination of use under this policy. G. To reduce exposure of City systems to unauthorized access, malicious applications or use, the user will exercise caution and judgment in the installation of third -party software. 4. Personal Cell Phones/Reimbursement. A. In the event that an employee uses a personal cell phone for business purposes, he or she may apply for reimbursement for charges related to such business use. The reimbursement request shall be accompanied by a copy of the monthly usage bill(s) and identification of business calls, or use, both incoming and outgoing, which includes date, time, phone number, person contacted and purpose of call. (It is intended that the need for personal phone reimbursements will be minimal. If use is regular/frequent, other options should be considered.) B. The use of cell phones, PDAs, tablets or other similar personal electronic devices shall not be used to the extent that they cause disruption in the workplace, loss of productivity, an increase in the risk of accident or injury or in any way which would reflect poorly on the City. Department Directors/Division Managers are expected to communicate and enforce reasonable guidelines, which may be different for each work group, depending on workplace conditions, to implement this policy. C. Personal cell phones and similar devices should not be charged by the use of connection to City computers due to the potential for unauthorized data transfer between devices. Administrative Order No. 252 — "Cell Phone Use" Page 4 V. PURCHASING AND MANAGERIAL PROCEDURES: Prior approval by the City Manager, or designee, is required for the following: A. The assignment of City owned cell phones or allowances. B. The change of cell phone type or plan from one carrier to another. 2. When determining whether an employee should be assigned the use of a cell phone for business purposes, the following factors shall be considered: A. Cell Phone: i. Use costs for cell phone vs. alternative communication choices like pagers, voice mail, etc. ii. The level of the employee's need: i.e., determine the use of the phone, how often it will be used, and the ramifications of not having a cell phone, etc. iii. Cell phone acquisition and usage must be budgeted for annually in the city's operating budget and reviewed periodically to maintain cost-effective service. In the event that less costly, safer, or more convenient alternatives are made available, the cell phone usage may be discontinued. B. Cell Phone with Email or Internet Capability. In addition to the above criteria: i. The employee will make substantial use of the device for City purposes. ii. Immediate access to system for email, calendar, etc., is of significant value to the City. iii. The employee often works out of the office/outside of normal business hours. iv. Employee use of field data speeds or improves service delivery. VI. DATA SECURITY: Employees must remember that cell phones are not a secure method of transmitting information. Employees are expected to use discretion in relaying confidential information. The city reserves the right to monitor the use of all city -owned cell phones. If it is determined there is an abuse of city -owned cell phones, disciplinary actions will be taken. VIL RECORDS: The use of cell phones, whether owned by the employee or the City, creates a record of the number dialed or the number of the caller. When a cell phone is used for City business that record is, in nearly every case, a public record, subject to possible disclosure under the Public Records Act. Similarly, any message relating to City business that is left on a cell phone, whether owned by the employee or the City, is, in nearly every case, a public record, subject to possible disclosure under the Public Records Act. 2. As obligated under the Public Records Laws, the City and its employees must maintain electronic files that pertain to City business in accordance with records retention schedules or City policies. This includes all data created or stored on, accessed by, and sent or received from a cell phone related to City business. Administrative Order No. 252 — "Cell Phone Use" Page 5 Attachment No. 1 City of Pasco City Cell Phone Use Agreement and/or Annual Certification Name of Employee: Department: Cell Phone Issue Effective Date: Plan/Monthly Cost: Employee Certification and signature: I certify that I will use the issued cell phone for City business use and promptly report any changes in the level of business to my supervisor. I further certify that I have read, understood and intend to comply with Administrative Order No. 252 as it pertains to use and care of the cell phone. Employee Signature Date Department Head Certification and Signature: I certify that the requested cell phone is needed for this employee for work-related purposes due to cell phone communications, as described above. I further certify that I have read, understood and intend to comply with Administrative Order No. 252. Department Head Signature Date This contract is: ❑ Anew contract ❑ Replaces an existing contract ❑ Annual certification Approved: City Manager Date Administrative Order No. 252 - "Cell Phone Use" Attachment No. t Attachment 2 City of Pasco Cell Phone Allowance Contract and/or Annual Certification Name of Employee: Department: Allowance Effective Date: Monthly Allowance Amount: Employee Certification and signature: I certify that I will use the funds requested toward the business use of my cell phone, and promptly report any changes in the level of those business expenses to my supervisor. I further certify that I have read, understood and intend to comply with Administrative Order No. 252 as it pertains to use and maintenance of the cell phone. Employee Signature Date Department Head Certification and Signature: I certify that the requested allowance is needed for this employee to cover work- related expenditures due to cell phone communications, as described above. I further certify that I have read, understood and intend to comply with Administrative Order No. 252. Department Head Signature Date This contract is: ❑ Anew contract ❑ Replaces an existing contract ❑ Annual certification Approved: City Manager Date Administrative Order No. 252 —"Cell Phone Use" Attachment No. 2 City of Pasco Cell Phone Allowance Schedule Allowance Tiers Description A Business Use with Data B Business Use without Data Attachment 3 Monthly Allowance Amount $20.00 These guidelines are general only, and are maximum reimbursements. Note, that all reimbursement levels must be substantiated, and a lower level of reimbursement may therefore be requested. Administrative Order No. 252 - "Cell Phone Use" Attachment No. 3