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HomeMy WebLinkAboutFS 2013-07-02 COMPLETE AGENDA PACKETW" City of Tukwila Finance and Safety Committee O Dennis Robertson, Chair O Verna Seal O De'Sean Quinn AGENDA TUESDAY, JULY 2, 2013 — 5:30 PM CONFERENCE ROOM #3 (at east entrance of City Hall) Distribution: D. Robertson V. Seal D. Quinn K. Hougardy Mayor Haggerton D. Cline P. McCarthy J. Pace C. O'Flaherty S. Kerslake K. Matej L. Humphrey Item Recommended Action Page 1. PRESENTATION(S) 2. BUSINESS AGENDA a. An amendment to the settlement agreement with a. Forward to 7/15 Consent Pg.1 Doak Homes. Agenda. Jack Pace, Community Development Director b. Council policy on the use of electronic devices. b. Forward to 7/8 C.O.W. Pg.17 Dennis Robertson, Finance & Safety Committee Chair and 7/15 Regular Mtg. 3. ANNOUNCEMENTS 4. MISCELLANEOUS Next Scheduled Meeting: Tuesday, July 16, 2013 16. The City of Tukwila strives to accommodate individuals with disabilities. Please contact the City Clerk's Office at 206 - 433 -1800 or (TukwilaCityClerk @TukwilaWA.gov) for assistance. TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety FROM: Jack Pace, DCD Director BY: Brandon Miles, Senior Planner DATE: June 26, 2013 SUBJECT: Doak Settlement Agreement 2' Amendment ISSUE Authorize the Mayor to amend the terms of a settlement agreement with Doak Homes Inc. Specifically the following changes are proposed to the terms of the existing agreement: 1. Extend the agreement an additional 36- months; and 2. Remove the requirement for Doak to develop the lots in a specified pattern. BACKGROUND In July of 2008, the City of Tukwila and Doak Homes, Inc. entered into a settlement agreement regarding several properties owned by Doak Homes, Inc. in the Allentown Neighborhood of the City. The settlement agreement resolved a Federal Court land use case regarding application of the City's code to Doak's property. The agreement covered King County parcels, 017900- 1730, 017900 -1755 and 017900 -1855. These parcels are shown in Attachment B. The agreement allowed Doak Homes, Inc to construct 14 homes on lots that did not comply with the City's minimum lot area requirements. The number of homes permitted under the agreement was more than allowed under the current zoning, but less than what had been permitted under previous development regulations. In exchange for allowing Doak Homes to build on smaller lots, the City specified certain requirements beyond the City's development standards for LDR zoning. These requirements included a specific site layout, maximum building footprint limitation, use of stone on the exteriors of the homes, a maximum lot coverage limitation, and additional landscaping. The agreement was valid for 30 months after execution (July of 2008). Prior to expiration of the agreement, the City and Doak Homes agreed to extend the agreement an additional 36 months. Thus, the agreement will expire in July of 2013. 1 INFORMATIONAL MEMO Page 2 DISCUSSION Doak Homes has completed construction of five homes (photos of the completed homes are included at Attachment C). Furthermore, Doak Homes has completed installation of the necessary public improvements for the larger ten home project. This was a significant endeavor with a new road, sidewalks, and utilities. Doak Homes has requested that the City extend the agreement. As was discussed with the Council in 2010, when the agreement was originally extended, Doak Homes faced significant pressure due to the "Great Recession." Like many homebuilders, Doak was unable to secure funding for construction or purchasers for the lots'. The homes constructed by Doak Homes are also providing the opportunity to test development standards for small lot development within Allentown. The agreement specified a maximum footprint on small lots, maximum lot coverage, and design standards that are unique to small lot development. In the future, if the City Council chooses to develop specific development standards for the Allentown Neighborhood, the homes constructed under this agreement could provide a good template for possible future development standards. The original settlement agreement also required that Doak build homes in a specified order to prevent the creation of "orphan lots ". Doak has requested that this provision be removed so that homes can be built based on buyers' preferences. This is typical in large subdivisions, where homes are typically only built once a buyer has been secured. If the agreement expires, Doak will be required to comply with the zoning regulations in place at the time of submittal of a complete building permit application. Thus, on the remaining parcel, Doak would be required to construct homes on lots that are at least 6500 square feet in area. Depending on lot layout, the remaining parcel could accommodate 5 to 6 homes under the current zoning regulations. The design of the homes would have to comply with the City's standard development regulations in the LDR zone, but the City would not have the ability to control specific design elements for individual homes as is accomplished by the Agreement. After the City and Doak Homes entered into the settlement agreement, the City Council adopted a requirement that all new single family homes be built with fire sprinkler systems. Since the development agreement was entered into prior to this code requirement staff did not require that Doak Homes install fire sprinklers in the new homes. With the expiration of the agreement staff has examined the feasibility of having the new homes install fire sprinkler systems; however, the newly laid private waterlines are too small to accommodate the required pressure for the fire sprinklers. If the agreement is extended, Doak will not be required to install fire sprinklers or replace the waterlines. 1 As was noted in the 2010 staff report the City Council: The current economic situation has impacted all construction in the City, especially single family construction. Even during the construction boom, the City's issuance of new single family home permits was low, on average about 30 new homes a year. However starting in 2007/2008 the City saw a marked drop off in the number of building permits being issued for new single family homes. In 2008 the City issued 7 permits for new single family homes; in 2009 only 2 single family building permits were issued (both permits were issued to Doak Homes); and for the current year, the City has only issued 2 single family building permits. Z:1DCD n Clerk's \BrandonIDoak\Doak Memo, Finance and Safety, 2013.06.26.doc 2 INFORMATIONAL MEMO Page 3 RECOMMENDATION The modified agreement will give Doak Homes an additional 36 months to attain building permits for the nine remaining homes. Staff also suggests that Doak Homes be permitted to build the homes as buyers are identified for the specific lots and not have to conform to building lots in a certain pattern. All other terms and conditions of the agreement will remain in place. The homes constructed will be some of the highest quality in the Allentown Neighborhood and staff believes that it is in the best interest of the City to extend the agreement in order to allow the additional homes to be built. Staff recommends that the Council authorize the Mayor to sign the amendment and that items be placed on the July 15th consent agenda. ATTACHMENTS Attachment A: Draft 2nd Amendment to Settlement Agreement Attachment B: Map Attachment C: Photos of Completed Homes Z:1DCD n Clerk's\Brandon\Doak\Doak Memo, Finance and Safety, 2013.06.26.doc 3 4 DRAFT SECOND AMENDMENT TO SETTLEMENT AGREEMENT BY AND BETWEEN THE CITY OF TUKWILA AND DARRYL DOAK, SR., ESTRELLA DOAK, DARRYL DOAK, JR., AND DOAK HOMES, INC. THIS SECOND AMENDMENT TO SETTLEMENT AGREEMENT (the "Second Amendment ") is made and entered into this day of , 2013, by and between the CITY OF TUKWILA (hereinafter "City" or "Tukwila "), a duly organized Washington municipal corporation, and DARRYL DOAK, SR., ESTRELLA DOAK, DARRYL DOAK, JR., and DOAK HOMES, INC. (hereinafter collectively referred to as "Doak"). . RECITALS WHEREAS, the City and dated July 2, 2008; and WHEREAS, due to the economic downturn in the construction industry, on July 21, 2010, the Parties executed a First Amendment to Settlement Agreement extending the term for an additional thirty -six months (36) to allow Doak additional time to complete the development; and entered into that certain Settlement Agreement 'HEREAS, the extended term is set to expire in July of 2013, but continued financial and economic challenges have further hindered Doak's timely completion of the development; and WHEREAS, the Parties desire to extend the Settlement Agreement for an additional term of thirty -six (36) months; and WHEREAS, the Settlement Agreement explicitly prohibits the creation of "orphan lots" and requires Doak to develop lots in either adjacent order or opposing order to prevent the creation of orphan lots, so Doak would also like to amend the Settlement Agreement to allow development of lots as buyers are secured; and WHEREAS, the City finds that it is in the best interest of the City to remove the "orphan lot" provision and allow development as buyers arise; NOW, THEREFORE, in consideration of the mutual promises acknowledged and set forth herein and the long -term benefit to both the City and Doak, the parties hereby amend said Agreement as follows: Doak v. City of Tukwila DRAFT Second Amendment to Settlement Agreement - 6/26/2013 Page 1 of 3 5 II. AGREEMENT 1. Section 30 of the Settlement Agreement, and Section 5 of the First Amendment of Settlement Agreement, are hereby amended to read as follows: 30. Expiration of Settlement Agreement. The Settlement Agreement shall expire 36 months from the date of mutual execution of the Second Amendment. Doak's obligations set forth in Sections 23 (Compensation) and 28 (Release) shall survive termination of this Agreement, and Doak shall be obligated to dismiss the Lawsuit and Appeal regardless of the lack of issuance of any building permit(s). Doak shall be entitled to develop the lots that are the subject of this Agreement in conformance with the terms of the Agreement so long as the building permits for the properties are issued before the expiration of the Agreement consistent with Section 20 and thereafter remain valid. Upon the expiration of this Agreement, however, any future development of the properties that are the subject of this Agreement and for which building permits have not been issued will be required to comply with all applicable standards of the Tukwila Municipal Code (TMC) in effect at the time of any future application. 2. This Amendment and subsequent amendments shall become effective immediately following execution by all of the parties. 3. Except as amended herein, the terms and provisions of the original Settlement Agreement and First Amendment of Settlement Agreement remain in full force and effect. WITNESS WHEREOF, the parties have caused this Second Amendment to be executed, effective on the day and year set forth on the first page hereof. CITY OF TUKWILA Jim Haggerton, Mayor DOAK HOMES, INC. Darryl Doak, Sr., Its President Date: Date: Doak v. City of Tukwila DRAFT Second Amendment to Settlement Agreement - 6/26/2013 Page 2 of 3 6 Estrella Doak, Its Vice President Darryl Doak, Jr., Its Project Manager Date: Date: Doak v. City of Tukwila DRAFT Second Amendment to Settlement Agreement - 6/26/2013 Page 3 of 3 7 8 f Attachment "B" Doak Homes 7 117"1".., ".8 \\4 r • 9 10 ATTACHMENT "C" PHOTOS OF COMPLETED HOMES PARCEL 017900 -1731 Sold: September, 2010 Selling Price: $325,000 rii111UdI ' lo !„,,11p1,11111),1,, r«<,titivlr 1;11;l1r 1yr ail:11:11,11.11,i,11,111,111ii 1 arfr�N «�W d 1 x11 Attachment C: Doak Homes, Completed Homes 11 12 PARCEL 017900 -1730 Sold: August, 2011 Selling Price: $330,000 PARCEL 017900 -1756 Sold: May, 2010 Selling Price: $320,000 Attachment C: Doak Homes, Completed Homes 13 14 PARCEL 0179004755 Sold: January, 2010 Selling Price: $310,000 Currently Listed for Sale at: $335,000; 8% increase in value. Vmoom OgMN�gg 0 Oil 1111 111111 111.11"1„1111,11...1111:11,11 j11:1•111. 11111 111 171111) lf""lj1111'1111uv41111 11111111:11111111,11,11!,: ,,,111:11110,,11101111111111 111 Rio d�x,:,r • 4g7ir 1,11,11.00111111 vvVV011111111 fry, "11111 1111111111111111"111111'14 1111 " PARCEL 017900 -4855 Sold: May, 2013 Selling Price: $249,000 rt Attachment C: Doak Homes, Completed Homes 15 16 City of Tukwila TO: Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton Finance and Safety Committee FROM: Dennis Robertson, Finance and Safety Committee Chair DATE: June 24, 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. 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, the item will be forwarded to the July 8, 2013 Committee of the Whole for full Council discussion and a motion to approve at the July 15, 2013 Regular Meeting. ATTACHMENTS -Draft Policy: Councilmember Use of Electronic Devices -Draft Policy: Suggested edits from the City Clerk's Office relating to Public Disclosure 17 18 TUKWILA CITY COUNCIL OPERATING POLICY Number: CC-XX Page 1 of TITLE: Councilmember Use of Electronic Devices PURPOSE: tablets, City-owned and managed electronic devices such as mobile phones, laptop computers are available for Co C|| U rs use in the duties as elected officials. This policy clarifies the role of h | Technology Department in supporting the d8vices,th8[ounCilnenbpD� iterates the public records responsibilities of which Councilmembers should izant. REFERENCES: devices and service provider/long distance carrier Tukwila Municipal Code 2.21 Administrative Policy 400-03 — Public Records Request Administrative Policy 400-04 — Records Management Retehtion and Archives Administrative Policy 1100-08 — Use of Public Internet' Communication Tools RCW 40.14 — Preservation and Destruction of pubjic Records STATEMENT OF POLICY: 1. Acquisition and Management Acquisition of all Citrowned services , will .. ~^.. Information Technology Department (ITD) and will i6i0'w established standards.. Cellular<device sage is billed on a time-used basis. CitrOWned Celliilaf,devices,and services should ot be used when a less costly alternative Method is safe, corivenient, and readily available. 2. Program A. City 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 cellular or computing device. The Councilmember may use the device for rare, incidental personal only use if no other alternative exists. (2) Financial 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. TITLE: Councilmember Use of Electronic Devices Number: CC -XX Page 2 of 4 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 cell 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 usage of cellular devices they have purchased themselves. 3. 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 electronic device utilized for City business are considered public records under the Public Records Act. For either program option, the Councilmember's electronic 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 disclosable under the Public Records Act. To comply with this Act, information that may need to be made available for review by the public 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 20 TITLE: Councilmember Use of Electronic Devices Number: CC -XX Page 3 of 4 government, Councilmembers should adhere to the following policy terms to conduct City - related business on the 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 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 the 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. • Social media applications including, but not limited to, Facebook, Twitter, Linkedln, etc., should not be installed or utilized on the 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 the 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 the device and delete as applicable. • It is advisable for Councilmembers to refrain from using the City -owned device for any activities related to a political campaign. • All electronic records created and /or stored on the 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. 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 the 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 21 TITLE: Councilmember Use of Electronic Devices Number: CC -XX Page 4 of 4 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, 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 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 employee'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. 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: POLICY TITLE HERE City Attorney Approval Effective Date: Supercedes: Approved by the City Council on the day of 22 THIS VERSION CONTAINS SUGGESTED EDITS FROM THE CITY CLERK'S OFFICE RELATING TO PUBLIC DISCLOSURE OF RECORDS. TUKWILA CITY COUNCIL OPERATING POLICY Number: CC -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 course of performing their duties as elected officials. This policy clarifies the role of the Information Technology Department in supporting the devices,i the Councilmembers' role in using them,L 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. Record Section 2.21 [Not necessary] 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 POLIC 1. Acquisition and'Managemen Acquisition of all City -owned electronic devices and service provider /long distance carrier services wiil,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 cellular or computing electronic device. The Councilmember may use the device for rare, incidental, personal use only us-e-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. 23 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 usage of use conducted on cellular devices they have purchased themselves. 3. Public Records Responsibilities All information, data or -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, for either program option, 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 disclosable under the Public Records Act. To comply with this Actthese requirements, information that may need to be made 24 TITLE: Councilmember Use of Electronic Devices Number: CC -XX Page 3 of 5 available for review by the public 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 the-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 the 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 the 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 the 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 the electronic devices and delete as applicable. • It is advisable for Councilmembers to refrain from using the a City -owned electronic device for any activities related to a political campaign. • All electronic records created and /or stored on the 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 25 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 the-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, employees 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 -emialoyeeCouncilmember'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. 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 26 TITLE: Councilmember Use of Electronic Devices Number: CC -XX Page 5 of 5 service and connectivity can be discontinued. END Title: POLICY TITLE HERECouncilmember Use of Electronic Devices City Attorney Approval Effective Date: Supercedes: Approved by the City Council on the day of 27 28