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Use of Cellular Telephones and Other Mobile Electronic Devices (GA-42, Rev. 5)CITY OF DELRAY BEACH ADMINISTRATIVE POLICIES AND PROCEDURES DEPARTMENT: SUBJECT: REVISION: APPROVED BY: PURPOSE Risk Management Use of Cellular Telephones and Other Mobile Electronic Devices POLICY NUMBER:GA-42 SUPERSEDES:GA-42,Rev 4 EFFECTIVE DATE:2/07/2024 Terrence R.Moore,ICMA-CM The purpose of this policy is to establish efficient and consistent standards and procedures for the use of City-issued and/or personal Mobile Electronic Devices ("MED"). DEFINITIONS Mobile Electronic Devices ("MED"),include but are not limited to,smart phones,laptops,cell phones, electronic notebooks,tablets,headphones,earbuds,or any other devices used to conduct City-related business.The use of such City issued devices should be to conduct City related business only. POLICY 1.The City of Delray Beach will provide City-issued MEDs in those instances where such technology will ensure,or substantially enhance the ability of city employees to carry out the basic duties and responsibilities of their jobs when other,less expensive,methods of expedient communication are not available or appropriate. 2.City employees who use personal MEDs to conduct City-related business shall also be subject to this policy. 3.The personal use of non-City MEDs (products such as Air Pods,I-Phones,Beats,etc.)is prohibited while operating a city vehicle,using city equipment or machinery,working near,in or around train tracks or vehicular traffic.Use of MEDs can distract an employee from the concentration required to perform a task safely.Also,MEDs can interfere with the employee's ability to hear ambient sounds,equipment noise or verbal communications such as a warning.These distractions can lead to dangerous work conditions that could result in injury. PROCEDURE 1.Procedures and Minimum Standards for Using City-Issued MEDs A.Minimum Standards Use of Cellular Telephones and Mobile Electronic Devices GA-42,Rev.5 Page 2 of 7 Department Heads may request the City Manager's Office to issue City-issued MEDs for the following personnel: 1.City employees and officials who serve in public safety capacities and who,by job title and responsibility,routinely service,or are subject to serve,in command or field coordinator roles for actual incidents and rehearsals for incidents that may threaten public safety and well-being. 2.City employees and officials with whom immediate and direct telephone and/or electronic communication is necessary in the performance of their job responsibilities and organizational duties. B.Justifying and Requesting a City-issued MED Department Heads may request a City-issued MED for members of their staff whose job duties and responsibilities allow them to meet the minimum standards (as provided in Section A - Minimum Standards above)by providing a written request to the City Manager and/or his/her designee justifying a need and a function. C.Review and Approval of City-issued MED Requests Requests will be reviewed by the City Manager and/or his/her designee for accuracy.A determination will be made as to whether MED technology is the most appropriate communications technology for the requested position. D.City-issued MED Acquisition Method 1.Due to the evolving nature of MED technology and market prices,the most economically prudent method of acquiring an MED may be by purchase and/or lease.The City will periodically negotiate contractual terms to meet the MED needs of the City.As a result of such negotiations,the City will from time to time enter into contracts with successful vendors for the purchase and/or lease of MED equipment and service.All approved requests from City employees and officials will be filled from such contracts and appropriate charges will be assessed against the respective department's budgets. 2.When preparing annual budget requests,departments should request sufficient funding in the appropriate line items to cover the cost of approved and in-service Meds,including but not limited to minutes,data,fees,internet,etc. 3.As in the case of conventional telephone equipment and services,budget cost information for MEDs will be provided to city departments by the City Manager and/or his/her designee in advance of each budget preparation cycle. E.Selecting Brands,Models and Features of City-Issued MEDs Inasmuch as MEDs are a contract commodity,brands will be limited to those under contracts that are either approved and/or recognized by the City Manager's Office.Accordingly,upon notification of approval of an MED request,and based on information contained therein,the City Manager and/or his/her designee will work with the Department Head to select the appropriate Use of Cellular Telephones and Mobile Electronic Devices GA-42,Rev.5 Page 3 of 7 model,features,pricing plan,etc.based upon the specific and identified need. F.Installation and Training for City-Issued MEDs The City Manager and/or his/her designee will coordinate and arrange the installation of,and training,for all approved MEDs to ensure proper use and compliance with all federal,state and local laws and policies. G.Billing The City Manager and/or his/her designee may conduct audits of the monthly billing statements, as needed,and distribute the statements and audit results to the appropriate departmental staff for review and approval.The approved statements should then be returned to the City Manager and/or his/her designee for payment against the appropriate budgetary accounts.Departments should process statements for payment within the terms of the invoice to receive any potential payment discount. H.Use of City-Issued MEDs 1.Like all other City assets and resources,MEDs are acquired with public funds to enable City employees and officials to transact the public's business in the most efficient and cost- effective method possible.Generally,employees who have been provided with the privilege to utilize a City-owned MED shall use the device in the same manner and with the same care and stewardship as employees who use conventional,stationary telephone equipment. 2.Employees in possession of City equipment,such as MEDs,are expected to protect the equipment from loss,damage and/or theft.Upon resignation or termination of employment, or at any time upon request,the employee may be asked to produce the MED for inspection and/or return. 3.Employees shall limit,to a minimum,calls,text messages and internet usage that does not involve City business.This rule applies to incoming and outgoing calls,texts,conventional telephones and MEDs,but is particularly important in the case of MEDs since airtime is a premium commodity for which substantial charges may be assessed. 4.All personal calls (e.g.,non-City-related business)including any calls utilizing airtime made within a flat rate and/or long distance and roaming program shall be the financial responsibility of the employee.All personal calls that fall within a flat rate package and/or within a "nights and weekends"package are to be reimbursed by the employee to the Telecommunications Systems Manager at the rate established by the City based on current rates.Reimbursement is not required for "mobile to mobile"calls made to others with phones from the same cell phone company when there is no additional cost to the City for such calls. 5.Other costs resulting from misuse/loss and/or inappropriate use of MEDs shall also be the responsibility of the employee.A copy of the Miscellaneous Cash Receipt (MCR)for all reimbursements will be provided to the employee by the City Manager and/or his/her designee which is also used when project the annual MED budget. Use of Cellular Telephones and Mobile Electronic Devices GA-42,Rev.5 Page 4 of 7 6.Employees shall not:send sexually oriented messages or images;mail o other communications,files,or programs containing offensive or harassing statements,including comments based on race,national origin,gender,age,disability,religion or political beliefs; subscribe to any non-work-related list servers;or download any applications to the MED that are intended for personal use. 7.Employees shall follow City policies including but not limited to:IT-2,IT-5,IT-6 and IT-7 at all times while using a City-issued MED. I.Monitoring MED Usage By reviewing/monitoring monthly MED activity,immediate supervisors and Department Heads are able to ensure that they are being used appropriately.Inappropriate use of MEDs should be reported immediately to the respective Department Head and/or City Manager.Disciplinary action,in accordance with City policies,may be taken.The City has a right to inspect all City- issued MEDs at any and all times,which may include viewing all text messages and emails (e.g.,sent and/or received). 2.Procedures and Minimum Standards for Using Personal MEDs A.At times,when personal MEDs are being used to conduct City business,the following shall apply: 1.All employees shall be responsible and accountable for all usage on personal MEDs for City-related purposes. 2.All employees who install software on their personal MEDs shall do so at their own risk.The City is not responsible for any software incompatibility and/or storage problems that may result from this use.Please consult with your personal MED software provided prior to installation of software on all personal MEDs. 3.Employees shall follow all applicable City policies while operating a personal MED for City business purposes. 4.All employees shall attend required training regarding use of personal MEDs for City business purposes to ensure compliance with all federal,state and local laws and policies. 3.Compliance with Public Records Law A.All MEDs used to conduct City business,whether City-issued or personal,shall be subject to Florida Public Records laws,the Freedom of Information Act,e-discovery laws and policies and, therefore,all City-content shall be managed,stored and retrieved to comply with these laws. B.All E-mails communicating any City business sent from and/or received on a personal MED that are not already archived in the City email system,shall be copied to mycityclerk@mydelraybeach_com for preservation as a public record. 4.Proper Use of All MEDs Use of Cellular Telephones and Mobile Electronic Devices GA-42,Rev.5 Page 5 of 7 A.Generally:MEDs used to conduct City business,whether City-issued or personal (while being used to conduct City business)be used responsibly in a manner that reflects well on the city. The following shall not be allowed at any time: 1.Profane,malicious,offensive,threatening and/or insulting language; 2.Content,profiles,pictures,avatars and/or usernames that promote,foster and/or perpetuate discrimination on the bases of race,creed,color,age,religion,gender,marital status,status with regard to public assistance,national origin,physical and/or mental disability and/or sexual orientation; 3.Sexual content and/or links to sexual content; 4.Solicitations and/or advertising; 5.Conduct and/or encouraging illegal activity;copyright,patent and/or trademark violations; 6.Information that may compromise the safety and/or security of the public and/or public systems; 7.Content that violates a legal ownership interest of any other party; 8.Personally identifiable information,such as addresses,telephone numbers,social security numbers,driver's license numbers,HIPAA protected and/or other private and/or sensitive information; 9.Character and/or personal attacks; 10.False or misleading representations; 11.Unauthorized applications and/or links. 5.Use While at Work A.While at work,employees are expected to exercise the same discretion in using personal MEDs as is expected for the use of conventional phones.Excessive personal calls,texts,internet usage and/or E-mails during the workday,regardless of the MED used,may interfere with employee productivity,distract others and/or pose a safety hazard. B.Employees are to make personal calls,text,use the internet and/or send E-mails on non-work time and ensure that friends and/or family members are aware of City of Delray Beach policy. C.The City will no be liable for the loss and/or damage of personal MEDs brought into the workplace. 6.Safety Issues for MEDs Use of Cellular Telephones and Mobile Electronic Devices GA-42,Rev.5 Page 6 of 7 A.All employees are expected to follow applicable local,state and/or federal laws,policies and/or regulations regarding the use of MEDs at all times. B.Employees whose job responsibilities include regular or occasional driving and who are issued a MED for business use a re expected to refrain from using their MED to text or check E-mails while driving-use of an Med while driving is prohibited by the City.Safety must come before all other concerns. C.Hands-free equipment may be provided with City issued MEDs to facilitate the provisions of this policy.Regardless of the circumstances,including slow or stopped traffic,employees are encouraged to pull off to the side of the road and safely stop the vehicle before utilizing their MED for any purpose,including refraining from discussing complicated and/or emotional matters,and to keep their eyes on the road. D.Employees who are charged with traffic violations resulting from the use of their MED (i.e., texting,responding to E-mails,etc.)while driving may be solely and personally responsible for all liabilities that result from such actions. 7.Video or Audio Recording Devices The use of MED cameras and/or other audio and/or video recording capable electronic devices by a City Employee within City buildings,equipment,vehicles and/or on City property may constitute an invasion of employees'personal privacy.Therefore,the use of MED cameras and/or other audio and/or video recording capable devices is prohibited without the express prior permission by the Department Head and/or the City Manager and of the person(s)present at the time of recording (being recorded).This prohibition is specifically applicable to restrooms and locker rooms.Children under the age of 18 shall not be recorded/filmed at any time without a written waiver from their parent/legal guardian prior to recording. 8.Special Responsibilities for Managerial Staff As with any policy,the City's management staff is expected to serve as role models for proper compliance with the provisions outlined within this policy and are encouraged to regularly remind employees of their responsibilities in complying with this policy. Violations of this policy will be reviewed on a case-by-case basis and may result in the loss of approved MEDs and,depending on the severity of the infraction,disciplinary action,up to and including dismissal.Violations may also result in fines and/or criminal misdemeanor or felony crimes/cases in accordance with law. 9.Disciplinary Action Violations of this policy will be reviewed on a case-by-case basis and may result in the loss of approved MEDs and,depending on the severity of the infraction,disciplinary action,up to and including dismissal.Violations may also result in fines and/or criminal misdemeanor or felony crimes/cases in accordance with law. Use of Cellular Telephones and Mobile Electronic Devices GA-42,Rev.5 Page 7 of 7 Conducting City Business on the Internet and Cellular Telephones/Mobile Electronic Devices Release Form By signing this Release,I agree that I have read and understand the city's IT Policies and Procedure numbers IT-5,"Electronic Systems and Communication Tools (E-mail,Internet)",IT-6,"Accessing the City's Internet Account",and IT-7,"Social Media Policy Regarding City Sponsored Social Media Sites"and Policy GA-42,"General Administration:Use of Cellular Telephones and Other Mobile Electronic Devices"and will abide by the Policies.I also acknowledge that: I further understand that any violation of city Policy and Procedure Numbers IT-5,"Electronic Systems and Communication Tools (E-mail,Internet)",IT-6,"Accessing the City's Internet Account",and IT-7,"Social Media Policy Regarding City Sponsored Social Media Sites"or GA-42,"General Administration:Use of Cellular Telephones and Other Mobile Electronic Devices",is grounds for disciplinary action up to and including dismissal. Employee Signature Employee Name (Print) Department Head Signature Date Date