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HomeMy WebLinkAboutReg 2013-10-07 Item 5C - Motion - Council Policy on Use of Electronic DevicesCOUNCIL AGENDA SYNOPSIS Meeting Date Prepared by ayor's review Council review 08/12/13 LH / r— Resolution Mtg Date 09/23/13 LH (7_ __ Other Mtg Date 10/07/13 LH A Igir i 4 SPONSOR K 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 COW Mtg. E CA&P Cmte Utilities Cmte — Arts Comm. DATE: 7/2/13 AND 9/17/13 W F&S Cmte ITEM INFORMATION ITEM No. 5.C. 233 STAFF SPONSOR: COUNCILMEMBER ROBERTSON ORIGINAL AGA NDA DATI: 8/12/13 AGENDA ITEM TITLE Draft Policy on Councilmember Use of Electronic Devices 9/23/13 Z Motion Mtg Date 10/7/13 r— Resolution Mtg Date r Ordinance AltgDate BicL4ward Mtg. Date Public Hearing Mt Date __ Other Mtg Date CATIt.GORY W Discussion AitgDate l E mayor E HR P DCD r-i Finance [ Fire IT PeeR — Police PIV SPONSOR K 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 COW Mtg. E CA&P Cmte Utilities Cmte — Arts Comm. DATE: 7/2/13 AND 9/17/13 W F&S Cmte Transportation Cmte _ Comm. Planning Comm. CHAIR: ROBERTSON Parks COMMITTEE RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Council Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE EXPINDITURE 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 Forward to next Regular Meeting 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 Policy in final form 233 234 TUKWILA CITY COUNCIL OPERATING POLICY TITLE: Councilmember Use of Electronic Devices Number: CC- POL -01 Page 1 of 5 PURPOSE: City -owned and managed electronic devices such as mobile phones, tablets, or laptop computers are available for Councilmembers' use in the course of performing their duties as elected officials. This policy clarifies the role of the Information Technology Department in supporting the devices; the Councilmembers' role in using them; and reiterates the public records responsibilities of which Councilmembers should be cognizant, whether using a City - owned device or a device they have purchased themselves. REFERENCES: RCW 40.14 — Preservation and Destruction of Public Records Administrative Policy 400 -03 — Public Records Request Administrative Policy 400 -04 — Records Management, Retention and Archives Administrative Policy 1100 -08 — Use of Public Internet Communication Tools STATEMENT OF POLICY: 1. Acquisition and Management Acquisition of all City -owned electronic devices and service provider /long distance carrier services will be managed and inventoried by the Information Technology Department (ITD) and will follow established standards. Cellular device usage is billed on a time -used basis. City -owned cellular devices and services should not be used when a less costly alternative method is safe, convenient, and readily available. 2 Program Options A. City Business Use Only (1) Provisions: The Councilmember is assigned a City -owned electronic (cellular or computing) device, which is to be used solely for authorized City business purposes, with 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 responsibility: Option A is designed as having no cost to the Councilmember. If the 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. 235 TITLE: Councilmember Use of Electronic Devices CC- POL -01 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 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. 236 TITLE: Councilmember Use of Electronic Devices CC- POL -01 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 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. 237 TITLE: Councilmember Use of Electronic Devices CC- POL -01 Page 4 of 5 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 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. 238 TITLE: Councilmember Use of Electronic Devices CC- POL -01 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 239