CITY OF SALINE CELL PHONE POLICY

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1 CITY OF SALINE CELL PHONE POLICY Purpose The City of Saline acknowledges that to provide efficient services to its citizens some of its employees must be available either 24x7 or while they are away from their office to perform their duties. Cell phones give the employer a means for immediate contact; however, due to the expense of cell phone services, the use of and accountability for cell phones must be controlled. This policy outlines the use of personal cell phones at work, the personal use of business cell phones, and the safe use of cell phones by employees while driving. Due to the many unique situations that exist in the City, there are four options available to meet the needs of the City of Saline and its employees. The four options include: a. City issued Cell Phones Business Use Only b. City Issued Cell Phone Business & Personal Use c. Employee Owned, with taxable employer stipend d. Per Call Reimbursement for Employee owned phone-for City business as needed. General Policy Guidelines The City of Saline identifies the following Department Heads necessary to have Cell Phones: City Manager Police Chief City Superintendent Department of Public Works Director Superintendent of Water & Wastewater Park and Recreation Director City Clerk Mayor The above Department Heads may deem additional phones required by their departments as provided in Exhibit A. The acquisition of City-issued cell phones shall be managed by the City s Technology Support Coordinator (TSC) to ensure compliance with technology standards for City communications. The City will pay the monthly use charges, which will be billed to the employee s department.

2 Employees shall exercise due care to protect equipment from theft, damage and extreme weather, including keeping the equipment in temperate, secured locations, whether within or outside City property. Employees are responsible for reporting lost or destroyed City equipment to their department head immediately. The City reserves the right to monitor all usage of City-issued cell phones and communications and such devices should not be considered private by the employee. Cell phone usage shall be within the guidelines defined by appendix B of the City of Saline Personnel Policy Manual. If a City-issued cell phone is damaged or broken while being used for official City business, the City will be responsible for replacing it. If an employee discontinues employment with the City while a City-issued device is assigned to them, it is the responsibility of the Department head to collect the device prior to their departure and return it to the City s Technology Support Coordinator. Since land line phones are typically the least expensive way to communicate, employees shall utilize land line telephones when possible. Safety Issues for Cellular Phone Use Employees whose job responsibilities include regular or occasional driving are encouraged to refrain from using a cellular phone while driving. Safety must come before all other concerns. Regardless of the circumstances, including slow or stopped traffic, employees are strongly encouraged to pull off to a reasonably safe location and safely stop the vehicle before placing or accepting a call. If acceptance of a call is unavoidable and pulling over is not an option, employees are encouraged to use handsfree options and are expected to keep the call short and keep their eyes on the road. Special care should be taken in situations where there is traffic, inclement weather or the employee is driving in an unfamiliar area. In accordance with Michigan Law (MCL B) no text messaging, reading or writing s shall not be allowed under any circumstances while driving. In situations where a City cell phone has been issued and the employee s job responsibilities include regular driving and accepting of business calls, hands-free equipment can be considered to facilitate the provisions of this policy, upon approval from Department Head. With the exception of extraordinary circumstances, operators of authorized emergency vehicles are to comply with the hands-free requirement while driving. Employees whose job responsibilities do not specifically include driving as an essential function, but who are issued a cell phone for business use, are also expected to abide

3 by the provisions above. Under no circumstances are employees allowed to place themselves at risk to fulfill business needs. Employees who are charged with traffic violations resulting from the use of a cellular phone while driving on duty may be subject to disciplinary action and personal liability resulting from such traffic violations. Any and all violations are the responsibility of the employee, in no way shall the city to be held responsible. Violations of this policy shall be subject to discipline, up to and including dismissal. Special Responsibilities for Managerial Staff As with any policy, management staff is expected to serve as role models for proper compliance with the provisions above and are encouraged to regularly remind employees of their responsibilities in complying with this policy. PERSONAL CELLULAR PHONES IN THE WORKPLACE During paid work time, employees are expected to exercise the same discretion in using personal cellular phones as is expected for the use of any City phones. Excessive personal calls (including text messaging) during the work day, regardless of the phone used, can interfere with employee productivity and be distracting to others. Employees are expected to make personal calls on non-work time when possible and to ensure that friends and family members are aware of the City s policy. Flexibility will be provided in circumstances demanding immediate personal phone use, but this immediate need should be communicated to an employee s supervisor. CITY ISSUED CELL PHONES City issued Cell Phones Business Use Only Where job or business needs demand immediate access to an employee, the City may issue a City-owned and serviced cell phone to an employee for work-related communications. City owned cellular telephones are for official business. Reimbursement of phone overages is required per Department procedures. It is understood that if an unexpected situation arises requiring you to work beyond scheduled hours; a brief phone call to notify others of the need to work late is considered a business purpose. Phone invoices will be audited to ensure no unauthorized use has occurred. If an employee experiences a personal need to use the City s cellular phone, he/she must reimburse the City for overages due to personal calls in accordance with the procedures established by the City of Saline. City Issued Cell Phone Business & Personal Use The employee realizes that there will be minimal personal use of a City issued phone, the employee will review and determine the percentage used for personal use and

4 authorizes payroll to deduct personal percentage on a monthly basis. The employee is responsible to review monthly charges to assure personal usage does not exceed 10% of the amount allocated. Three months of overages in a 12 month period will require changing to an employee owned taxable stipend. If a stipend is required the employee may purchase the assigned phone at the cost billed to the City. Employee Owned, with taxable employer stipend Some employees may desire to purchase or use their own cell phone and utilize it for both personal and business usage without the oversight of the City. The City will pay the employee a taxable stipend as full reimbursement for City usage if the employee is willing to have their personal phone utilized for business purposes. If an employee chooses to acquire their own phone, it will also be their responsibility to maintain a coverage plan suitable for their needs and to pay all monthly usage and access charges. The employee recognizes their privately owned cell phone number shall be made available internally for city business. The stipend amount will be set based on a two tiered system allowing for data and non-data phones to match current City contract prices. Rates will be reviewed on an annual basis. If discontinuation of service occurs for any reason, the employee shall notify their Department Head immediately to suspend stipend payments. The City permits access to the City s system from cell phone devices if the device meets City IT standards. The City s Technology Support Coordinator will provide access to City only on devices that meet the City security standards. They are: iphone OS 2.0+, Blackberry OS 4.5+, Android 2.0+, Windows Phone 7+ If an employee-owned phone is damaged or broken while being used as part of City business, it is the responsibility of the employee to replace/repair the phone. Per Call Reimbursement for Employee owned phone-for City business as needed. If an employee does not have a city-issued cell phone or does not receive a phone stipend, and must make phone calls for official City business, the employee may request reimbursement. The Department Head of an employee who requests reimbursement is responsible for timely review and submission of the request for payment.

5 APPENDIX A Additional City Issued Cell Phones are authorized to: Building Inspector Technology Support Coordinator Department of Public Works Office Manager Department of Public Works Foremen Parks and Recreation Center Facility Manager Parks and Recreation Supervisor Parks and Recreation Center Maintenance Deputy Chief of Police Patrol Cars Police Detective Police Sergeants Assistant Superintendent of Water and Wastewater

6 APPENDIX B RECEIPT OF THE CITY OF SALINE S CELLULAR PHONES IN THE WORKPLACE ACCEPTABLE USE POLICIES Please read the policy carefully to ensure that you understand the policy before signing this document. I certify that I have received a copy of the City of Saline s Cell Phone Policy. I understand it is my responsibility to read and comprehend this policy. I have read and understand the content, requirements, and expectations of the Policy and I agree to abide by the policy guidelines. I understand that if at any time I have questions regarding the Policy, I will consult with my immediate supervisor. I agree to observe and follow the acceptable use policy. I understand that failure to abide by the policy could result in the loss of cellular phone privileges and/or other disciplinary actions and up to including discharge. Employee Name (Signature) Employee Name (Please Print) Department

7 ATTACHMENT I City-Issued Cell Phone: Business Only I acknowledge that I have read and understand the City s Cell Phone Policy and confirm that I will comply with its guidance and terms. I further acknowledge that I will use the equipment issued to me only for official City business and that as City equipment, its usage is subject to monitoring by the City at its discretion. I will maintain my cell phone number in the City s internal phone directory. I will return the City s issued phone at the end of my employment with the City or if my work assignment no longer requires the device. Upon termination of this agreement for use of this City cell phone, I voluntarily agree to be responsible for any and all personal charges that have been incurred and the City is authorized to deduct these charges via payroll deduction. Phone number Require City access: YES NO Employee Signature Employee Name (printed) Department Head s Signature After completing and signing this form please return it to the Technology Support Coordinator (TSC)

8 ATTACHMENT II City-Issued Cell Phone: Business & Personal I acknowledge that I have read and understand the City s Cell Phone Policy and confirm that I will comply with its guidance and terms. I further acknowledge that usage of this equipment is subject to monitoring by the City at its discretion. I shall maintain my cell phone number in the City s internal phone directory. I shall return the City s issued phone at the end of my employment with the City or if my work assignment no longer requires the device. I acknowledge there will be minimal personal usage not exceeding 10% of the current monthly rate. I authorize payroll to deduct the above percentage of the total usage of my phone at a minimum of $4.45 for a data phone and $2.39 for non-data per month. I understand that I will be responsible to monitor and pay any additional fees should they arise. The City reserves the right to conduct periodic audits of all communications on City issued equipment. Upon termination of this agreement for use of this City cell phone, I voluntarily agree to be responsible for any personal charges that have been incurred and the City is authorized to deduct these charges via payroll deduction. Phone number Require City access: YES NO Employee Signature Employee Name (printed) Department Head s Signature After completing and signing this form please return it to the Technology Support Coordinator (TSC)

9 ATTACHMENT III Stipend Request for: Business Use of Employee-Owned Cell Phone ACKNOWLEDGMENT FORM I acknowledge that I have read and understand the City s Cell Phone Policy and confirm that I will comply with its guidance and terms. I further acknowledge that I shall permit the use of my personally acquired and maintained phone for official City business in exchange for the stipend amount listed below. I am aware that if the phone is damaged or broken while being used for City business, I am responsible to repair and/or replace it at my own expense. I understand the City shall issue me a stipend in the amount of $44.53/month for a data/phone line or $23.91/month for a non-data phone line. I confirm that in exchange for the stipend below, I shall: Ensure my phone number is available to all employees who require access to it, as mutually agreed to between myself and my Department Head. Provide documentation to the City (if requested) to demonstrate that actual usage as support for my stipend request. Maintain a coverage plan for each month for which I receive a stipend, and that should my coverage be discontinued for any reason, I shall notify the City immediately. Stipend Selection: Phone number Employee Signature Employee Name (printed) Stipend Amount Data/Voice Line $44.53 Voice Line $23.91 Department Head s Signature Payroll Acknowledgement After completing and signing this form please return to Payroll

10 ATTACHMENT IV Reimbursement Request for: Business Use of Employee-Owned Cell Phone ACKNOWLEDGMENT FORM I acknowledge that I have read and understand the City s Cell Phone Policy and confirm I will comply with its guidance and terms. Employees may be reimbursed for the business use of a personally owned cell phone or similar device in limited circumstances. The policy does not allow for reimbursement for the entire cost of a personally-owned cell phone or for a percentage of the total plan. Employees may be reimbursed when they incur additional charges for business calls over the plan limit on their personal calling plan. The employee may request reimbursement, at the excess minute rate, for up to the number of minutes exceeding the plan limit for the month OR the total number of business-related minutes, whichever is less. No reimbursement shall be made for business calls made within the plan minutes. To be reimbursed, the employee shall provide a copy of his or her cell phone bill identifying the business calls and noting the person called and the purpose of each business related call. Many cell phone providers no longer routinely distribute detailed cell phone bills to their customers. In many cases, employees can find more detailed information on their calling plans and bills from the provider's website. An employee who regularly exceeds his or her plan minutes because of business calls should consult with their department to determine whether the City should provide a cell phone for their ongoing business use. Reimbursement Selection: Phone number Employee Signature Employee Name (printed) Department Head s Signature Payroll Acknowledgement After completing and signing this form please return to Payroll

11 APPENDIX B CITY OF SALINE ELECTRONIC COMMUNICATION POLICIES Purposes of policy: The City of Saline maintains electronic communication systems for the purpose of providing services to residents. The systems are important to the operation of the City. The City must safeguard the information contained in these systems from unauthorized access. The City s computer systems can also be compromised by the introduction of viruses. The City s computer systems, facsimile equipment and telephone systems also provide access to the worldwide resources. These communication resources are the property of the City and intended to be used for City business purposes. Moreover, the use of the City s communications resources is to comply with acceptable use standards established herein and applicable federal and state laws. Privacy: Communications systems are the property of the City of Saline. All messages created, sent, or retrieved using the City s communications systems are and remain the property of the City. No employee has a proprietary interest in any messages, and no messages are confidential. Even when messages are deleted or erased, it may be possible to retrieve them and the City reserves the right to review any employee s electronic files, messages and usage to the extent necessary to ensure that electronic media and services are being used in compliance with the law, this policy and other City policies and regulations. Personal use of the City s communications resources may be authorized by the City, however, the City may monitor all file transfers, websites visited and all messages and employees have no expectation of privacy in communications sent or received using the City s communications resources. Employees shall consent to this policy before utilizing the City s Internet communications equipment through signature indicating receipt of this manual. The City Manager and department heads are authorized to monitor the use of communications equipment and to monitor Internet and transmissions for compliance with the City s communications policy. Random audits may be used under the direction of the City Manager of Internet use. APPROPRIATE USES Communication network, equipment or facilities are to be used at all times in a responsible and acceptable manner. Applicable standards in the use of City communication systems include ethical behavior, honesty and restraint in the consumption of shared resources. Acceptable uses of communications systems include: A. Communication with other City employees, residents, vendors, professional associations and other governmental entities within the scope of an employee s assigned duties and City business. B. Research and information gathering pursuant to City functions and activities. C. Distribution of information to the general public in accordance with procedures and policies for the release of information and in accordance with the Michigan Freedom of Information Act.

12 D. Personal communication using City communication systems will be severely limited during working hours. Local calls of a short duration are permitted. Employees should avoid using City telephone equipment for making long distance calls. If work circumstances require a personal long distance call, an employee shall make a log of the date, time and telephone number called and turn it into the City Treasurer. Employees shall reimburse the City Treasurer for long distance charges. Employees of the City may use City Internet access after working hours for his/her own personal use, if such equipment is not being used for business purposes, subject to all of the conditions, restrictions, prohibitions and procedures contained herein. Incidental Internet communication is permissible during the working hours of an employee under the following conditions: 1. It does not consume an abusive amount of time, resources or material that should be used for business purposes as determined by the City. 2. It does not interfere with the employee or other employees productivity. 3. It does not preempt or interfere with other business activities of the City or its departments. 4. It does not involve the solicitation for business, buying or selling products or services or otherwise involve commercial activity. 5. Does not involve locating, storing, or transmitting data or information that is or has the potential to be considered offensive in nature. PROHIBITED USES A. Infringe on the copyrights or other intellectual or proprietary rights of third parties (third parties are anyone other than the sender and the recipient). B. Distribution of defamatory, fraudulent, illicit, sexual, profane or otherwise abusive, speech, data or information or other materials that would be offensive to a reasonable person. C. Transmit, retrieve, or store any communication of a harassing or discriminatory nature. D. Engage in any illegal, wrongful or malicious conduct. E. Political activity, religious promotion or activity on behalf of organizations or individuals having no affiliation with the City of Saline. F. Any activity that would interfere with use of a recipient s work or systems or cause congestion or interference with the work or system of others including the introduction of worms or viruses in any computer. G. Efforts to gain unlawful access to information or computer and communications resources. H. A web or home page for personal or department purposes is not permitted to be maintained or linked to the City s web page, unless authorized by the City Manager. Links to the City s web page from any site is prohibited unless the site is another governmental organization and/or approved by the City Manager.

13 I. Solicitation of non-city business or any use of the City s communications systems for personal or commercial gain is prohibited. Examples include, but are not limited to gambling, football pools, or conducting consulting or side-line businesses. J. Encryption of data files, messages or files in any manner other than approved by the City Manager or System Administrator of each computer system. Each employee shall provide a sealed hard copy record of encryption codes that he/she uses. The System Administrator shall keep these in a secure location. K. No or other electronic communication may be sent which hides the identity of the sender or represents the sender as someone else. All messages communicated with City equipment shall contain the name of the sender. L. Allowing unauthorized persons to use City owned computer equipment or software. M. Copying City owned or licensed information to another computer system for personal use, external use or use by another party without authorization. N. Attempting to modify, damage, or disrupt City owned or licensed equipment, software, data or communication lines. 0. Invading the privacy of an individual by using electronic means to ascertain confidential information accept as authorized herein or as part of a legally constituted police investigation. SOFTWARE The City s computer systems can be damaged and/or disrupted through the introduction of computer viruses. Files from all outside sources, including the Internet, must first be scanned by the user or by the System Administrator with anti-virus software before use on the City s equipment. MISCELLANEOUS COMMUNICATION POLICIES Remote Access: An employee may access a City account from a remote location other than the site designated for that account only for City business. Examples include checking messages and from a remote site. Freedom of Information Act: Information created or stored in systems is considered a public record. Confidential information as provided by the Michigan Freedom of Information Act, should not to be transmitted by . Public Records: transmissions that are needed for the City s permanent records are to be moved to an electronic filling system or placed in hard (paper) master file copy. Regulations governing the retention of these files will be the same as other official City files. ADMINISTRATION The City Manager is authorized to administer the use of the Internet and online services in support of City functions. The use of the Internet is a privilege, not a right, which may be revoked at any time for unacceptable use. The City retains the right to keep, retrieve and

14 monitor all access to the Internet and online service activity. The City Manger shall review the communications policy of the City periodically and make recommendations to the City Council for changes as may be appropriate. ENFORCEMENT OF POLICY Employees violating this policy shall be subject to disciplinary measures as provided by City Ordinance and union labor agreement. Department heads are authorized to restrict access to the Internet for employees under their jurisdiction who are found in violation of this policy, who do not have a need for Internet access for City purposes or who abuse the privilege of Internet access for personal use, as determined by the City.