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Home My WebLink About2024-04-15 I01I City Cell Phone Policy RevisionAGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 15, 2024 AGENDA ITEM:Consideration of approval of a resolution approving revised City Cell Phone Policy FORMAT:Consent Agenda SYNOPSIS INCLUDING PRO & CON: The City approved a Cell Phone Policy by resolution #2023-480 which recognized the need for the use of cell phones to conduct its business, and through the policy, laid out consistent and clear rules for the issuance and/or use of cell phones are outlined. There is a desire to revise the policy to increase the cell phone allowance amount to $50 from $45 and add language of a 24-month waiting period before an employee may change their selected option, cell phone allowance or City issued cell phone. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff recommends approval of the Cell Phone Policy. RECOMMENDATION: Approve the resolution. ATTACHMENTS: I.Proposed Resolution II. Revised Cell Phone Policy PREPARED BY:Michelle Lindsay REVIEWED BY: . I1I THE CITY OF WAUKEE, IOWA RESOLUTION 2024- APPROVAL OF REVISED CITY CELL PHONE POLICY IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, the City approved a formal Cell Phone Policy by resolution #2023-480, to provide information and set standards for the use of both City issued and personal cell phones in the workplace; AND, WHEREAS, the City of Waukee desires to revise the City Cell Phone Policy; AND, WHEREAS, the revision would increase the cell phone allowance amount to $50 from $45 and add language of a 24-month waiting period before an employee may change their selected option, cell phone allowance or City issued cell phone; AND, WHEREAS, the revised City Cell Phone Policy will be effective July 2024. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 15th day of April 2024, that the revised City Cell Phone Policy is hereby approved. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair Policy Issue Date: 9/18/2023 Cell Phone Policy Page 1 of 3 Policy Owners: TS/HR/ Directors Approved by: City Council Objective: The objective of this Policy is to establish consistent and clear rules for the issuance and/or use of cell phones to conduct official business on behalf of the City of Waukee (the City). Scope: This Policy recognizes that certain city positions may require the employee to be readily accessible for frequent contact outside normal working hours by other city staff and/or the public. The employee may also be required to be away from their work location on a regular basis or that their work location is typically within a vehicle. Furthermore, this Policy recognizes that not all employees may require the use of a cell phone for business use. Procedures: Determining Eligibility – The department director or his/her designee is responsible for determining an employee’s need for a cell phone within their respective department. The City Administrator or his/her designee would review a request made by a department director and shall have final authority to deny, modify, or approve any department cell phone request. Determining Ownership and Payment – The City provides two options for employees that require the use of a cell phone for business use, cell phone allowance and city issued cell phone. The City’s preferred option is to provide the employee with a city issued cell phone. Certain departments may provide a limited number of cell phones for business use. Once an option is selected, there will be a 24-month waiting period before the employee may change options. Security - Any cell phone utilized for City business is required to be enrolled into the city’s Mobile Device Management (MDM) platform. MDM will allow the city’s Technology Services department to enforce security, mitigate risks, and ensure compliance with organizational policies when accessing work resources. Refer to the MDM standards and Guidelines for more details. 1. Cell Phone Allowance: The department director or his/her designee shall determine when a cell phone allowance is in the best interest of the City. The cell phone allowance will assist in deferring the cost of a cell phone owned by the employee, which will be used for business purposes. If the allowance received is equal to or less than the actual cost of the monthly cell phone service, this allowance complies with IRS notice 2011-72 regarding Section 2043 of the Small Business Jobs Act of 2010, Pub.L.No. 111-240 that sets the guideline for cell phone allowances. The allowance would be a nontaxable benefit. The allowance will not be considered as part of the employee’s base salary, nor will it be used for purposes of determining annual raises, retirement benefits or other benefits. The monthly allowance will be set by the City Council upon a recommendation from the Technology Services Director and would be reviewed as directed or needed. The cell phone allowance is set at $50 per month, to be paid during normal payroll processing. Cell Phone Policy Approved 11/6/2023 Revised 4/15/2024 Policy Issue Date: 9/18/2023 Cell Phone Policy Page 2 of 3 Policy Owners: TS/HR/ Directors Approved by: City Council An employee receiving the cell phone allowance must retain an active cell phone as long as the allowance is in place. The employee must provide any change in cell phone number to his/her department director within 48-hours of such change. Members receiving a cell phone allowance are expected to carry the cell phone on their person both on and off duty and respond when called for City business. The cell phone under this option is considered a personal item, owned by the employee. As such, the employee is responsible for all costs associated with replacing a lost, stolen or damaged cell phone. The employee is also responsible for all costs associated with the purchase of accessories. If, prior to the end of any vendor contractual obligations, a personal decision by the employee, or an employee’s misconduct, or misuse of the cell phone, results in the allowance being discontinued, the employee will bear the cost of any fees associated with that change or cancellation. 2. City Issued Cell Phone: The department director or his/her designee shall determine when a city provided cell phone is in the best interest of the City. The City will pay for 100% of the cost of the city issued cell phone and will determine the service plan level and related options/accessories for the employee. City provided phones will be added to existing city plans through a City designated provider. No separate vendors/plans will be established. Normal wear and tear of this type of equipment is expected. If the City determines the equipment needs repair or replacement due the employee’s negligence, the cost of repair and/or replacement of the equipment will be the responsibility of the employee. A city issued cell phone should be used for business use and emergency personal use only. If the cell phone is being used inappropriately or for personal gain, as defined in the City of Waukee Ethics Policy, appropriate disciplinary action shall be taken. General Use Conditions: 1. The department director and employee are jointly responsible for understanding the terms of this Policy, as well as the specific wireless vendor’s contractual terms; for ensuring compliance with this Policy; and understanding the consequences of noncompliance with this Policy. 2. To observe safe vehicle operations, whenever practical and safely possible, the employee shall pull over to a safe off-of-the-roadway location to initiate or to continue any non- emergency call. 3. Use of a cell phone in any manner contrary to department protocol, organizational policies, and local, state, or federal laws will constitute misuse, and may result in appropriate employee discipline. 4. Employees who are charged with traffic violations resulting from the use of their cell phone while driving will be solely responsible for all liabilities that result from such actions. Cell Phone Policy Approved 11/6/2023 Revised 4/15/2024 Policy Issue Date: 9/18/2023 Cell Phone Policy Page 3 of 3 Policy Owners: TS/HR/ Directors Approved by: City Council 5. The employee shall surrender all city issued cell phones and related equipment upon termination or upon the direction of the department director or City Administrator or his/her designee. The cell phone allowance will cease upon termination or upon the direction of the department director or City Administrator or his/her designee. 6. An employee who receives a city issued cell phone shall be aware that all voice calls, data, metadata, emails, texts and any other applicable forms of communication done on the city issued phone are public records and are subject to relevant provisions of Chapter 22 of the Iowa Code, as amended from time to time. The City shall retain ownership of the issued cell phone, and the device may be subject to inspection, forensic examination, recall, or confiscation at any time. There should be no expectation of privacy whatsoever regarding any information contained on the device by those who are issued a City owned device. 7. An employee who receives a cell phone allowance shall be aware that voice calls, data, metadata, emails, texts and any other applicable forms of communication to conduct official City business are public records, and are subject to relevant provisions of Chapter 22 of the Iowa Code, as amended from time to time. Cell phones used for City business may be subject to inspection, and forensic examination at any time. 8. An employee may request a cancellation of a city issued cell phone or of the cell phone allowance at any time in writing to the employee’s authorizing manager (i.e., department director, City Administrator or his/her designee). The authorizing manager may approve or deny the request based on the employee’s position and the need of the employee to have a cell phone. 9. Employees who fall under a previous program which allowed personal use of a city issued cell phone will be allowed to continue/maintain the same coverage at the employee’s cost of $15 per month. If the employee wishes to add features or upgrade, not determined by management to be necessary for the employee’s position, will be required to pay for the added features and/or upgrade. a. Employees wishing to keep their phone and/or phone number upon termination will have 72 hours to migrate to a personal contract. Conditions Related to Cell Phones: 1. Unless prohibited by department policy, employees may use a personal cell phone while at work on a sporadic basis. If an employee’s use of a personal cell phone causes disruptions or loss in productivity, the employee may become subject to disciplinary action. Cell Phone Policy Approved 11/6/2023 Revised 4/15/2024