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HomeMy WebLinkAboutCOW 2013-09-23 Item 5C - Discussion - Council Policy on Use of Electronic DevicesCOUNCIL AGLNDA SYNOPSIS Initials Meeting Date Prepared by 1 a or's review Canna' / review 08/12/13 LH , 09/23/13 LH ,,/ C Motion Date 10/7/13 10/07/13 LH E Bid Award Mtg Date E Public Hearing Mtg Date • Other Mtg Date Mtg Mtg Date ITEM INFORMATION ITEM No. 5.C. 39 STAFF SPONSOR: COUNCILMEMBER ROBERTSON ORIGINAL AGENDA DATE: 8/12/13 AGENDA ITEM TITLE Draft Policy on Councilmember Use of Electronic Devices CATEGORY U Discussion 9/23/13 E Motion Date 10/7/13 111 Resolution Mtg Date fl Ordinance Mtg Date E Bid Award Mtg Date E Public Hearing Mtg Date • Other Mtg Date Mtg Mtg Date ['Mayor ri HR E DCD Finance E Fire E IT 0 P&R E Police E PIV SPONSOR 2 Council SPONSOR'S The Council is being asked to review and approve a draft policy on "Councilmember Use of SUMMARY Electronic Devices." On August 12, the C.O.W. referred this item back to Committee for discussion of a proposed amendment to Section 3 relating to device access. The Committee was not in favor of this amendment (see attached 9/17 FS minutes) and is forwarding for C.O.W. discussion a clean copy of the policy approved by the Committee on July 2 and September 17. REVIEWED BY E COW Mtg. [I] Utilities Cmte DATE: 7/2/13 • CA&P Cmte 31 F&S Cmte El Transportation Cmte Comm. E Planning Comm. CHAIR: ROBERTSON 11 Arts Comm. E Parks AND 9/17/13 COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Council Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $none $none $none Fund Source: N/A Comments: no general fund impact MTG. DATE RECORD OF COUNCIL ACTION 08/12/13 Referred back to Finance and Safety Committee. 9/23/13 MTG. DATE ATTACHMENTS 09/23/13 Informational Memorandum dated 9/10/13. Draft Policy Version 4 - Clean version - approved by the FS Committee on 9/17 Minutes from the Finance and Safety Committee meetings of 7/2/13 and 9/17/13. 10/7/13 39 40 TO: 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 41 42 TUKWILA CITY COUNCIL OPERATING POLICY Number: CC-POL-XX Page 1 of TITLE: Councilmember Use of Electronic Devices PURPOSE: City-owned and managed electronic devices such as mobile phones, tablets, or laptop computers are available for Councilmembers' use in the courSt ':of performing their duties as elected officials. This policy clarifies the role of the Inforrna:01Technology Department in supporting the devices; the Councilmembers' role in usin and reiterates the public records responsibilities of which Councilmembers 09610' e cognizant, whether using a City- owned device or a device they have purchased t (''Selves. REFERENCES: RCW 40.14 — Preservation and Destruction of Pu Record Administrative Policy .----_-_ -' . Administrative Policy 400-04 _n",�00§�x��nnnnmn^n/ l�����inn and. Archives .- ..,. ..__...'-_ A�nniniItr�tiv� P��i�y4OO-O4 .---- _ �_' Administrative Policy 1100-08 — Internet STATEMENT OF ANSINA I. Acquisition an Acquisition ) ==,.^===.=="." Information Technology Department `IT_' and wAll,fvq,,,,qpw, estabit ,,,,,,,0:46'ids,,,,Cellu`'I'gr',"/`device usage is billed on a time-used basis. Ci devicSYind sri=Ji''Cishqqrlci,not be used when a less costly alternative d is safe i8 'cation Tools 2. Progrp, uptions (1) or cornOtin Orth, which is to be used solely for authorized City business purpos4c 'limited incidental personal use allowed. The Councilmember must sign ar: olicy 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 responsibility: 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 CitywilI 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 CC-POL-XX Page 2 of 5 B. City Business Use Primary (1) Provisions: The Councilmember 15 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 15 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 To compensate the City for the Councilmember's personal usage on a City-owned cellular clevice, 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 lTD from the Finance Department, prior to any personal usage and/or cellular device issuance. The rate of 45% ofthe 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 PubIic 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 accessed to comply with public disclosure per State and Federal law 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. 44 TITLE: Councilmember Use of Electronic Devices CC-POL-XX Page 3 of 5 To comply with these requirements information that may need to be made available for 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 Councimembers 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 emait accounts including, but not Iimited 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, Linked In, 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. TITLE: Councilmember Use of Electronic Devices CC-POL-XX Page 4 of 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 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 CeIIuIar 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 lTD 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 |TD. 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 Iaw 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 maiware onto your device. Scanning or using QR codes may also pose this same risk. 46 TITLE: Councilmember Use of Electronic Devices CC-POL-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 Iost, stolen, damaged, hacked, or no Ionger 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 48 FINANCE AND SAFETY COMMITTEE Meeting Minutes July 2'J0J3-5:30p.m.; Conference Room #3 »,�^ Tukwila City of � &�%B%Ca Finance and Safety Committee --- � PRESENT Counci|nembeo: Dennis Robertson, Chair; Verna Seal and De'Sean Quinn Staff: Peggy McCarthy, Jack Pace, Brandon Miles and Laurel Humphrey CALL TO ORDER: Cornrnittee Chair Robertson called the rneeting to order at 5:30 p.m. I. PRESENTATIONS No presentations. II. BUSINESS AGENDA A. Amendment to the Settlement Agreement with Doak Homes Staff is seeking Council approval to authorize the Mayor to amend the terms of an existing settlement agreement with Doak Hornes, Inc. In July 2008, the City of Tukwila and Doak Homes, Inc. entered into a settlement agreement regarding several properties in the Allentown neighborhoods, allowing construction of 14 homes on lots not in compliance with minimum lot area requirements. The agreement covered King County parcels O|79O0'l730,Ol790O'|755 and 017900'1855. Construction has been comp!eted on five homes; and the extension will give Doak Homes an additional 36 months to obtain permits for the remaining nine. Because the construction will be some of the highest quality in Allentown, and because this is a good opportunity to test development standards for small lot development, staff recommends amending the settlement agreement as follows: 1. Extend the agreernent for an additional 36 rnonths; and 2. Remove the requirement for Doak to develop the lots in a specific pattern. UNANIMOUS APPROVAL FORWARD TO JULY 15 REGULAR COUNCIL CONSENT AGENDA. B. Council Policy on Electronic Devices Committee members reviewed a draft ^Couocibnco/hur Use of Electronic Devices" policy, which was drafted based upon the June 4, 2013 Committee discussion on th topic. The Committee packet also contained proposed edits from the City Clerk's Office relating to public disclosure. Committee members accepted the edits from the Office ofthe City Clerk, and made u further amendment to Section 3, Public Records Responsibilities, Paragraph 1, as shown: "ACouocUmcmho 'o6cotrooicdcvicoaudthedocomomuconminodcberebo.nb,UermndoOpbonA or B, or on an electronic device they purchased thernselves that is used iri the course ofperforrning their duties as elected officials, may be subject to review by the City and to only be accessed to comply with public disclosure per State arid Federal law." UNANIMOUS APPROVAL. FORWARD TO JULY 22 COW. Finance &Safety Committee Minutes September 17,20Y3— Pape 2 C. Ordinance —Council Compensation Committee Chair Robertson presented an overview of this draft ordinance relating to a proposed increase to Council compensation. The last time compensation for Councilmembers increased was in 2005, when it changed to the current level of $1,050 per month. By comparison, the Mayor's salary has increased 22% over the same period. Because state law prohibits Councilmembers from voting on a compensation increase for themselves during their current term, this ordinance reintroduces the staggering of monthly compensation so that Positions 1, 3, 5, and 7 would increase in January 2014 and Positions 2, 4, arid 6 would receive that increase when the next term begins in January 2016. The draft ordinance also includes a proposal updating the amount Councilmembers would receive for medical reimbursement, which has not changed since 2003. Human Resources staff provided some clarification on the impending changes to Councilmember medical benefits due to the Affordable Care Act. A more detailed presentation as well as a draft resolution will be presented to the Committee on October 8. Committee members agreed to remove the section pertaining to Councihnember benefits from this draft ordinance and consider the issue of compensation separately. Committee rnembers discussed the proposal sal and agreed that the job duties and time commitment have changed significantly since 2005, and that consideration ofan increase to cornpensation is worth pursuing now. It was ultimately requested that when this draft ordinance returns to Committee on October 8, the memo will be updated to include more information about the tine commitment required for Councilmembers as well as compensation levels for other jurisdictions. In addition, language relating to the Mayor's salary will be omitted from the ordinance and information relating to cost of living increases will be included. INFORMATION ONLY. D. Policy — Councilmember Use of Electronic Devices On August 12, 2013, the Committee of the Whole referred this draft policy back to the Finance and Safety Committee for discussion of an additional proposed amendment, shown in underline below: 50 "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 xtuf[" Committee members, staff, and legal discussed the justification for the additional wording. In the end, the Cornmittee was not in favor of the proposed amendment, and it will be removed from the version going forward. FORWARD TO SEPTEMBER 23 COMMITTEE OF THE WHOLE. III. MISCELLANEOUS Committee Chair Robertson raised the issue of Council approval of vouchers. Currently Councilmembers do not have a legal standard for the process, and he asked if there was merit to requesting a process overview from staff. Committee members agreed this would be beneficial. Staff indicated that the request for a process overview can be accommodated and will return to Committee at a future date. In addition, the City Attorney's Office will research and provide information regarding the legal irnplications of signing off on vouchers. Meeting adjourned at 6:44 p.m. Next meeting: Tuesday, Outobcz8,2O|3-5:3Op.m.—ConfbrenccK000z#3 Committee Chair Minutes �l Approval