HomeMy WebLinkAboutFS 2013-09-17 Item 2C - Discussion - Council Policy on Use of Electronic DevicesTO:
City of Tukwila
Jim Haggerton, Mayor
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Finance and Safety Committee
FROM: Dennis Robertson, Finance and Safety Committee Chair
DATE: September 10, 2013
SUBJECT: Council Policy on Electronic Devices
ISSUE
The Finance and Safety Committee has committed to proposing a Council Policy on Electronic
Devices used by Councilmembers.
BACKGROUND
At the June 4, 2013 Committee meeting, Councilmembers reviewed the draft Administrative
Policy on "Business Use of Cellular Devices," and considered it as the basis of a similar policy
that would be tailored to Councilmembers and be applicable to various devices. This draft
Council Policy is based upon that Committee discussion. It also includes elements of a
previously reviewed draft policy on Councilmembers' use of iPads.
The Committee unanimously approved Version 3 of this policy and forwarded Version 4
containing an additional committee amendment for discussion to the August 12 Committee of
the Whole. On August 12, the City Attorney's Office proposed the following additional
amendment to Section 3:
"A Councilmember's electronic device and the documents contained therein, whether
under Option A or B, or on an electronic device they purchased themselves that is used in
the course of performing their duties as elected officials, may only have the device data
contents accessed to comply with public disclosure per State and Federal law, as part of
an employment /ethics investigation, or in case of a technical issue that needs to be
addressed by IT staff. "
The Committee of the Whole referred this policy back to the Finance and Safety Committee for
further discussion of the proposed amendment.
DISCUSSION
Committee members will review and discuss this draft policy to ensure it meets the previously
discussed goals of this subject.
RECOMMENDATION
This is a draft Council Policy applicable to and implemented by consensus of the Council. If the
Committee recommends Council implementation of the draft Policy as amended, the item will be
forwarded to the September 23 Committee of the Whole for full Council discussion and to the
October 7 Regular Meeting for a motion.
ATTACHMENTS
Draft Policy: Councilmember Use of Electronic Devices, Version 5
17
18
TUKWILA CITY COUNCIL
OPERATING POLICY
Number: CC-POL-XX
Page 1 of
PURPOSE:
laptop City-owned and managed electronic devices such as mobile phpnes, tablets, or
computers are available for Councilmembers' use in the coyi*O`f performing their duties as
elected officials. This policy clarifies the role of the InfogrOOn Technology Department in
supporting the devices; the Councilmembers' role in y*iiiii'PeM-,; nd reiterates the public
records responsibilities of which Councilmembers0'?,61'd be cobikant, whether using a City-
owned device or a device they have purchasedth'OSelves.
REFERENCES:
RCW 40.14 — Preservation and Destruction of Pub
Administrative Policy 400-03 — Reque
Administrative Policy Archives
Administrative Policy 1100-08 — Use o rnet Comnyni,cation Tools
1. Acquisition Acquisition of a � nagernOt, i
\
~~..~e~, Information Technology Department `IT_'
and l usage is bitled on a time-used basis.
ned celib*,:device servic'e b. not be used when a less costly alternative
0hod is safe, � �i|vBv�U��|�.
--`~~^`�N�' -~ `
Progr Options
A. City mess Use0
(1) or
comPiOnskcj:eyjte, which is to be used solely for authorized City business
purposern limited incidental personal use allowed. The Councilmember
must sign a policy agreement prior to the issuance of a City-owned electronic
device. The Councilmember may use the device for rare, incidental, personal
use only if no other alternative exists.
(2) Financial Option A is designed as having no cost to the
Councilmember. Ifthe device is cellular, the City may charge for any
unauthorized personal use of the electronic device. In this option, the City will
not provide compensation or reimbursement to Councilmembers for City
business use conducted on cellular devices they have purchased themselves.
TITLE: Councilmember Use of Electronic Devices
Number: CC -XX
Page 2
of 5
B. City Business Use Primary
(1) Provisions: The Councilmember is assigned a City -owned electronic (cellular or
computing) device to be primarily used for City business, allowing personal use
only by the Councilmember to whom the device was assigned. It is expected
that City business will be the majority of the device's use. The Councilmember
must sign a policy agreement prior to the issuance of a City -owned electronic
device.
(2) Financial responsibility: To compensate the City for the Councilmember's
personal usage on a City -owned cellular device, Option B requires payment
from the Councilmember to the City via an authorized monthly payroll
deduction for each cellular device issued. The payroll deduction arrangement
must be in place, with verification sent to ITD from the Finance Department,
prior to any personal usage and /or cellular device issuance.
The rate of 45% of the initial standard total monthly charges for each device
(rounded up to a whole dollar amount), plus a $5 administrative fee, will be
used to determine the on -going monthly rate for the payroll deduction for each
device.
The initially- determined monthly rate may change if the cellular service charges
are increased by the service provider or the rate plan or service provider is
changed by the City. Councilmembers who have a cellular device payroll
deduction in place will be provided the opportunity to either approve the
increased deduction or to opt out of this agreement prior to any increase.
In this option, the City will not provide compensation or reimbursement to
Councilmembers for City business use conducted on cellular devices they have
purchased themselves.
3. Public Records Responsibilities
All information, data and communications relating to the conduct of government or the
performance of any governmental function that is created or stored on either a City -
owned or personal electronic device utilized for City business are considered public
records under the Public Records Act. A Councilmember's electronic device and the
documents contained therein, whether under Option A or B, or on an electronic device
they purchased themselves that is used in the course of performing their duties as elected
officials, may only have the device data contents a accessed to comply with public
disclosure per State and Federal law, as part of an employment /ethics investigation, or in
case of a technical issue that needs to be addressed by IT staff. Additionally, in court
proceedings a legal request can be made for discovery of devices. This can mean that any
and all information existing on the device could be deemed as discoverable, beyond what
may be disclosable under the Public Records Act.
To comply with these requirements, information that may need to be made available for
20
TITLE: Councilmember Use of Electronic Devices
Number: CC -XX
Page 3
of 5
review must be searchable and accessible by the City Clerk or other designated City
representative. In order to meet these requirements and maintain transparency in local
government, Councilmembers should adhere to the following policy terms to conduct City -
related business on an electronic device:
• The designated City email address given to each Councilmember (ie:
firstname .lastname @TukwilaWA.gov), as well as the City email system, should be
the only email address or system used by Councilmembers to conduct City - related
business. These emails are archived for retention by the Information Technology
Department, and are searchable when necessary for public disclosure or discovery
requests.
• User - created email accounts including, but not limited to, Comcast, Gmail, Yahoo,
Hotmail, Zoho, GMX, etc., should not be installed on or utilized by a
Councilmember on a City -owned device to conduct City business or for personal
use. As stated above, all City - related electronic communication should be
conducted via the City's designated email system, regardless of the device used.
• Social media applications including, but not limited to, Facebook, Twitter, Linkedln,
etc., should not be installed or utilized on a City -owned device unless directly
required for and related to the conduct of City business. If the social media
communication (sent or received) relates to the conduct of City business, it must be
retained in accordance with the applicable Washington State Records Retention
Schedule and may be disclosable under the Public Records Act.
• Documents, notes, photographs, etc. created on an electronic device and
presented or referenced in a meeting where City business takes place are
considered a City record and must be retained in their native electronic format for
the required retention period. Printing out a hard copy is not sufficient to meet
retention requirements.
• Notes created for a Councilmember's personal City business use, such as to
organize their thoughts or formulate potential questions to ask at a meeting, may
be considered a transitory record with minimal retention value. Councilmembers
may wish to periodically review these types of documents on electronic devices
and delete as applicable.
• It is advisable for Councilmembers to refrain from using a City -owned electronic
device for any activities related to a political campaign.
• All electronic records created and /or stored on a City -owned electronic device
must be retained for the applicable retention period set forth in the Washington
State Records Retention Schedules, which can be viewed in their entirety on the
Washington State Archives website. Public records responsibilities, including
retention and disclosure, also apply to records created on an electronic device a
Councilmember has purchased themselves, when the device is used in the course
21
TITLE: Councilmember Use of Electronic Devices
Number: CC -XX
Page 4
of 5
of performing their duties as an elected official. Contact the City Clerk with any
questions regarding records retention requirements.
4. Mobile Device Management Program for Cellular Devices
The City's mobile device management (MDM) program allows remote device management
for wiping enterprise data from an electronic device should it become lost or stolen. All
City -owned cellular devices participating in all program options are required to be enrolled
in the City's MDM program if the device is an MDM - allowed type of device. If a device is
not allowed by the MDM program, work email and calendar synchronization will not be
authorized for the device. The ITD will fully assist with the enrollment of all City -owned
devices.
When needed, two types of data removal are possible for MDM devices: one that removes
only the enterprise MDM data (connections to City email and network will then be cleared
manually), and one that completely wipes all data (including email and network
connections) from the device. For all City -owned devices, the type of device wipe to be
used will be determined by a mutual decision between the Councilmember and the ITD.
The user of a City -owned cellular device should be aware that any personal data on the
device, including but not limited to email and contact information, is at risk of being erased
from the device at any time and without warning.
5. Security and Safety
Cell transmissions are not secure. Therefore, Councilmembers are expected to use
discretion in discussing confidential information. Washington State law regulates cellular
device usage while driving, prohibiting a wireless device such as a cell phone being held to
the driver's ear. RCW 46.61.667 and 46.61.668 provide exceptions for using wireless
communication in "hands- free" mode, while driving an authorized emergency vehicle, for
summoning emergency help or reporting illegal activity, or other emergency
circumstances. State law also bans text messaging while driving. Citations received for
any infraction on any device and any costs incurred for legal assistance required will be at
the Councilmember's own expense.
Be alert when installing free, off -shore originated or otherwise unknown and un-
researched applications onto any device as they may pose a security risk by containing
malicious content, rerouting your browser to a malicious web page asking for personal
information or installing malware onto your device. Scanning or using QR codes may also
pose this same risk.
22
TITLE: Councilmember Use of Electronic Devices
Number: CC -XX
Page 5
of 5
6. Protection of equipment
Reasonable precautions should be taken to prevent the theft of equipment or its
unauthorized use. In the event that a device is lost, stolen, damaged, hacked, or no longer
in the Councilmember's personal control, ITD is to be contacted immediately so that
service and connectivity can be discontinued.
END
Title: Councilmember Use of Electronic Devices
City Attorney Approval
Effective Date:
Supercedes:
Approved by the City Council on
the day of
23