HomeMy WebLinkAboutFS 2013-06-04 Item 2C - Discussion - Council Policy on 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: May 29, 2013
SUBJECT: Council Policy on Electronic Devices
ISSUE
The Finance and Safety Committee has committed to proposing a comprehensive Council
Policy on Electronic Devices used by Councilmembers.
BACKGROUND
This Committee discussion has been underway for over a year. Since the beginning, several
things have changed. First, the Council no longer has a single, standard device. Second, the
Administration has a new, draft policy on "Business Use of Cellular Devices."
DISCUSSION
It would be useful for the Committee to analyze the draft Administration Policy and determine if
it should influence or modify the proposed Council policy. The following three questions are a
reasonable starting point for the Committee discussion.
1. Should the Council also adopt a policy similar to the upcoming Administration Policy on
"Business Use Cellular Program" (see attached draft document).
2. Variety of Council Electronic Devices currently in use or planned. Is this desirable?
3. What should be included in a Council Policy and is one even needed?
FINANCIAL IMPACT
Minor if any.
RECOMMENDATION
The Committee should decide upon /recommend next steps for the Committee on this matter.
ATTACHMENTS
Draft Policy on Business Use of Cellular Devices
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City of Tukwila
Administrative Manual
Index:
1100 -07
Page 1
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TITLE: BUSINESS USE CELLULAR PROGRAM
PURPOSE
This policy recognizes the business benefit to the City of certain staff having cellular devices on which
to conduct City business. The City's Business Use Cellular Program can eliminate the necessity for the
employee to carry two cellular communication devices (one City -owned and one personal device)
while on duty. The intent of this policy is to improve the quality of service to Tukwila's citizens,
increase the productivity of Tukwila's workforce, and to make City operations more cost effective.
This policy is intended for those employees who conduct business away from City campuses; are
designated by their supervisors as "on- call" status; or are expected to answer calls or check email after
hours as part of their job responsibility. Qualified employees, in discussion with their Supervisor, may
select one of the available program options detailed in Statement of Policy Item #4, "Program
Options ".
REFERENCES
ITD Form 1100 -07a, Business Use Only (Program Option A)
ITD Form 1100 -07b, Business Use Primary (Program Option B)
ITD Form 1100 -07c, Cell Phone Stipend (Program Option C)
City Administrative Policy #400 -03, Public Records Requests
City Administrative Policy #1100 -09, Employee Remote Access to City's Computer Network
STATEMENT OF POLICY
1. Applicability
All employees using cellular devices to conduct City business are covered under this policy. This
policy does not create a vested right to be allowed a cellular device or personal usage of that
device for any period of time. It is not an entitlement and it is not a City -wide benefit. This
policy does not cover remote access to City documents or data located on the City's computer
network; refer to Policy #1100 -09, Employee Remote Access to City's Computer Network.
2. Acquisition and Management
Acquisition of all City -owned cellular 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.
3. Auditing
The City of Tukwila reserves the right to audit all City -owned cellular equipment and services,
which will include a review of monthly billing by the employee's departmental supervisor.
Accounts showing activity will be reviewed for legitimate business usage. If any account shows
no usage activity for a minimum three -month period, the account will be reviewed for possible
termination. Personal devices used for City business may be audited as indicated in Sections
4.C.3 and 7.C. of this Policy.
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TITLE: BUSINESS USE CELLULAR PROGRAM
4. Program Options
A. Business Use Only
(1) Provisions: The employee is assigned a City -owned cellular device, which is to be
used solely for authorized City business purposes, with no personal use allowed.
Non -City employees are not allowed to use the City -owned device. The employee
must sign a policy agreement prior to the issuance of a City -owned cellular device.
(2) Approval: Option A requires Department Head authorization.
(3) Financial responsibility: Option A is designed as having no cost to the employee.
The City may charge for — and the employee shall pay for — any unauthorized
personal use of the cellular device. Unauthorized personal use may result in
permanent loss of the use of a City cellular device, or possible legal action to recover
the cost of the unauthorized charges. The City will not provide compensation or
reimbursement to employees, volunteers or anyone else for City business use
conducted on cellular devices they have purchased themselves.
(4) Records: Employees are not authorized to use a personally -owned device (except as
described under Option C) to conduct City business (Le., receiving voice mails,
sending/receiving text messages, taking photographs, etc.). These items are
considered a City record and must be retained for the applicable retention period as
mandated by the State of Washington. The City may be required to produce the
records in response to a public records request or as part of discovery during
litigation. If that is the case, it is possible the entire contents of the personally -owned
device would be subject to review by the ITD, supervisors or City Attorney staff.
B. Business Use Primary
(1) Provisions: The employee is assigned a City -owned cellular device to be primarily
used for authorized City business, allowing incidental personal use only by the City
employee to whom the device was assigned. Non -City employees are not allowed to
use the City -owned device. Option B is intended for executive, on -call, or otherwise
qualified employees. The employee must sign a policy agreement prior to the
issuance — or prior to any personal usage — of a City -owned cellular device.
(2) Approval: Option B requires Department Head authorization, plus Mayor or City
Administrator approval.
Financial responsibility: To compensate the City for the employee's incidental
personal usage on a City -owned cellular device, Option B requires payment from the
employee 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 cell
device issuance.
(3)
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Administrative Manual
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Page 3 of 8
TITLE: BUSINESS USE CELLULAR PROGRAM
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 provider bills will be reviewed monthly. In any given month, if the amount
charged on the City's invoice for the assigned device is greater than the expected
standard billing amount, the employee will be responsible for payment by check or
cash within one week of notification for all personal use charges over the agreed upon
monthly deduction amount. Failure to pay for the overages may result in permanent
loss of the use of a City -owned cellular device, or possible legal action to recover the
cost of the charges. Copies of statements for the month with overages, or for any
other month, will be provided to the employee upon request.
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. Employees 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
employees, volunteers or anyone else for City business usage of cellular devices they
have purchased themselves.
(4) Records: Employees are not authorized to use a personally -owned device (except as
described under Option C) to conduct City business (Le., receiving voice mails,
sending/receiving text messages, taking photographs, etc.). These items are
considered a City record and must be retained for the applicable retention period as
mandated by the State of Washington. The City may be required to produce the
records in response to a public records request or as part of discovery during
litigation. If that is the case, it is possible the entire contents of the device including
any personal communications and data contained therein would be subject to review
by the ITD, supervisors or City Attorney staff.
C. Cell Phone Stipend
(1) Provisions: A pre- authorized cellular device stipend is designed to provide a means to
reimburse the employee for costs associated with performing City business on
personally -owned equipment (phone only; does not include all cellular devices). The
allowance is not intended to reimburse the entire cost of the cellular device or
service, as the device is the property of the employee and is also used for personal
use. This Program option will only be allowed for employees that have first been
authorized for and enrolled in Program Option A for one year's time, and as City
budget allows. The employee must sign a policy agreement prior to payment of the
stipend.
(2) Approval: Option C requires Department Head authorization, plus Mayor or City
Administrator approval.
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Page 4
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TITLE: BUSINESS USE CELLULAR PROGRAM
(3)
Financial responsibility: To defer the employee's costs of using the employee's
personal phone for City business purposes, the City will pay a stipend through payroll
to the qualified employee. The stipend amount is based upon the type of phone
authorized during the employee's previous Option A usage. For each month the
employee is eligible to receive a stipend, the amount will be $20 per month for
standard cellular phone usage, or S45 per month for enhanced cellular usage (which
includes data access), if a need for after -hours offsite email or Internet access is
approved.
The stipend amount is a taxable earning to the employee and shall be added each
month to the employee's pay. To verify the business usage, the employee will be
required to provide for review an un- redacted phone usage statement to the
supervisor or Department Head upon request.
5. Program Opt -out
Either the City or the employee will have the right to discontinue enrollment in any Program
option at any time for any reason. Immediate notification of opt -out should be made to the
employee, ITD, Finance Department payroll staff, and the employee's Department Head in order
to terminate service charges, stipends, payroll deductions or other costs to the City or employee.
If opt -out is invoked, public records, legal discovery and legal hold responsibilities and
requirements will remain in effect for all records generated during the time period that a device
was active for business use. Should an employee opt out because he or she will no longer be
employed by the City, the employee shall allow ITD to copy all City documents from the
employee's device upon a request to do so by ITD, the employee's Department Head, or the City
Administrator.
6. Department /Division Responsibilities
A supervisor /manager of an employee requesting any Business Use Cellular Program option shall:
A. Ensure the requested usage clearly provides a benefit to the City. This will be accomplished
by identifying the business necessity under one or more of the following conditions:
(1)
Job responsibilities require the employee to be away from the office regularly. It is
considered essential to communicate with the employee by phone or email while
they are out of the office, and the use of other communications equipment — such as
a pager, two -way radio or regular land line telephone — is impractical.
(2) Internet access for the employee while away from the office is critical to the
performance of their job.
(3) Work - related personal safety can be enhanced by the use of a cellular device.
(4) The employee and /or their job function has been designated as "essential" in the
event of an emergency, meaning they must be reachable via two -way voice
communication at all times.
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TITLE: BUSINESS USE CELLULAR PROGRAM
(5) The employee performs "on- call" duties and must be reachable via phone call or
Push -to -Talk communications during assigned times.
B. Maintain a current list of all employees and their associated phone numbers covered under
each Program option. Periodically review job functions of these employees to ensure a
continuing need to authorize participation in the Business Use Cellular Program.
C. At least annually, conduct a comprehensive review of the need for each employee enrolled
in the Business Use Cellular Program, to determine if continued program participation is
appropriate.
City management reserves the right to ask for and /or conduct random audits of employee usage
for consistency with City policy and potential policy changes, based on usage patterns and costs.
7. Employee Responsibilities
All employees authorized and approved to use any Business Use Cellular Program option shall:
A. Agree to accept and make City business calls /perform data access on the City -owned and
provided cellular device or the employee's personal cellular phone, depending on the
Business Use Cellular Program option selected, and sign the appropriate agreement
governing City business use.
B. Be available via their cellular device during work hours, and at other times as required by
City policy and individual requirements of employee's current position.
C. If Program Option C is selected, the employee will:
(1) Provide to their supervisor an active phone number that is local to the City of
Tukwila and will not incur long distance charges by the City if /when called.
(2) Maintain regular cellular phone service in good standing, and produce evidence of
their active and current cellular service provider plan upon request by the City.
(3) Ensure that the cellular service provider billing statement includes detailed billing. At
a minimum, a listing of calls which the employee deems for business use must indi-
cate the telephone number of the caller and the minutes and /or charges for the call.
(4) Be responsible for all payments associated with their cellular account on a timely
basis.
(5) Purchase a replacement device if the phone becomes unusable, lost or stolen, or
provide notice to discontinue the stipend immediately if the phone cannot or will not
be replaced.
(6) Maintain wireless service provider bills for a period of six years after the end of the
City's fiscal year to meet City public records requirements, and provide for review
any un- redacted phone usage statements to the supervisor or Department Head,
if /when requested.
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TITLE: BUSINESS USE CELLULAR PROGRAM
8. Public Records Responsibilities
All information, data or 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 cellular device utilized for City business are considered public records under the Public
Records Act. For any Business Use Cellular Program option, the employee's cellular device and
the documents contained therein may be subject to review by the City and to public disclosure
per State and Federal law. 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 discloseable under the Public Records Act. Any
device used for City purposes, whether City -owned or employee- owned, must be turned over to
the City for review upon the request of the City Administrator or Department Head.
All employees enrolled in Program Options A, B and C must agree to comply with any records
requests directed at the cellular device and any information contained therein. Whenever
notified of a potentially relevant public records or discovery request or legal hold, or at the
request of the City for other purposes, employees shall search both City -owned and personal
cellular devices for relevant documents. Cloud -based storage services such as Dropbox,
Evernote, etc. should not be used to store City documents when using a City -owned device due
to complications presented during discovery and public disclosure data gathering efforts.
For devices approved to allow data access, the designated City email address given to employees
(i.e., firstname.lastname @TukwilaWA.gov), as well as the City email system, should be the only
email address or system used by employees to conduct City- related business. These emails are
archived for retention by the ITD and are searchable when deemed necessary or appropriate.
User - created email accounts, including but not limited to Comcast, Gmail, Yahoo, Hotmail,
Zoho, GMX, etc., should not be installed on or utilized by an employee on a City -owned device.
Social media applications, including but not limited to Facebook, Twitter, LinkedIn, Pinterest,
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 any social media communication (sent or received)
relates to the conduct of City business, it must be retained in accordance with the applicable
Local Government Records Retention Schedule and may be disclosable under the Public Records
Act.
Any text messages relating to City business must be retained in accordance with the Local
Government Records Retention Schedules. Text messaging should not be used for business
purposes, as the record and detail of the text communication is held at the cellular service
provider and may be unavailable to the City when needed for disclosure. If used, it is strongly
advised that this type of communication be brief and not used for a continued back - and -forth
conversation; be used only when necessary and determined to be the most efficient method of
communication; and be casual in nature, containing no information used for City business
decisions. Text messages with transitory retention value, as defined in the Local Government
Records Retention Schedules, should be deleted frequently and not stored on the device any
longer than needed.
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TITLE:
BUSINESS USE CELLULAR PROGRAM
It is recommended that personal information inadvertently stored on a City-owned device, and
any data considered transitory, as defined in the Local Government Records Retention Schedules
and not evidence of a business transaction, be removed regularly. /Reference City Administrative
Policy #400 -03 regarding Public Records Requests.]
Questions regarding records retention requirements or responding to public records requests
should be directed to the City Clerk's Office.
9. Mobile Device Management Program
The City's mobile device management (MDM) program allows remote device management for
wiping enterprise data from the device should it become lost or stolen, is to be deactivated per
supervisor's request, or is no longer participating in the Program. All cellular devices participat-
ing in all program options, both City-owned and personally- owned, 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. Once a device is enrolled in the MDM, it must remain enrolled in the program.
The ITD will fully assist with the enrollment of all City-owned devices; the enrollment of any
personally -owned device shall be the responsibility of the device owner, who will facilitate and
input the hands -on configuration with verbal guidance from the ITD.
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 device user and the ITD, or as directed by the
Mayor, City Administrator, Department Head or immediate supervisor. 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. For all personally -owned devices enrolled under Option C, the enterprise
MDM data wipe and City email disconnect will be initiated by ITD. Any business -use
applications on the device must be removed manually by the device owner and then reviewed
for compliance by the City Administrator, Department Head or immediate supervisor.
10. Security and Safety
Cell transmissions are not secure. Therefore, employees 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 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 employee's own expense.
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TITLE: BUSINESS USE CELLULAR PROGRAM
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.
11. Protection of equipment
Reasonable precautions should be taken to prevent the theft of equipment or its unauthorized
use. In the event that a cellular device is lost, stolen, damaged, hacked, or no longer in the
employee's personal control, ITD is to be contacted immediately so that service and connectivity
can be discontinued. Recurring instances of lost, stolen or damaged cellular devices will be
reported to the employee's Department Head.
Title;
BUSINESS USE CELLULAR PROGRAM
Initiating Department:
Information Technology
Effective Date: Supercedes:
N/A
Mayor's Office Approval Signature:
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