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HomeMy WebLinkAboutFS 2013-07-02 Item 2B - Policy - Council Policy on Use of Electronic DevicesCity 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