2018-03 ft
RESOLUTION NO. 2018-03
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF GRAND TERRACE AMENDING CITY'S
PERSONNEL RULES, REGULATIONS AND POLICIES,
SECTION 24-- ELECTRONIC EQUIPMENT USE POLICY
WHEREAS, the City Council is authorized and directed under the provisions of
Chapter 2.24 of the Grand Terrace Municipal Code to adopt provisions for
compensation of personnel created in said Municipal Code Chapter; and,
WHEREAS, the objectives of these rules are to facilitate efficient and
economical services to the public and to provide for an equitable system of
personnel management; and,
WHEREAS, at the same time, within the limits of administrative feasibility,
considerable latitude shall be given to the City Manager in the interpretation and
application of these rules so that they are applied equitably; and,
WHEREAS, Section 24.9: Electronic Equipment Use Policy— Cell Phone Use,
accounts for the issue of City cell phones to employees whose job duties include the
frequent need for a cell phone but does not provide a cell phone
allowance/compensation in lieu of a City-issued cell phone; and,
WHEREAS, staff has determined that at times, it may be more beneficial to
the City and the employee whose job duties include the frequent need for a cell
phone be provided a cell phone allowance/compensation in lieu of a City-issued cell
phone; and,
WHEREAS, from time to time these rules must be revised due to changes
in the best practices in personnel management, and federal and state law.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GRAND
TERRACE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. The Personnel Rules and Regulations, Section 24, attached
hereto as Exhibit A, is hereby adopted.
SECTION 2. The City Manager is authorized to implement and City's
Personnel Rules and Regulations within the limits of administrative feasibility.
SECTION 3. All City rules, policies or regulations that contradict any
provision of the Personnel Rules and Regulations are hereby rescinded.
2018-03 CC Reso Page 1 of 10 February 13, 2018
PASSED, APPROVED AND ADOPTED by the City Council of the City of
Grand Terrace at a regular meeting held on the 13th day of February 2018.
Da cy M a
Ma or
ATTEST:
Debra Thomas
City Clerk
APPROVED AS TO FORM:
Richard L. Adams, it
City Attorney
2018-03 CC Reso Page 2 of 10 February 13, 2018
EXHIBIT A
CITY OF GRAND TERRACE
Personnel Rules and Regulations, Section 24— Electronic Equipment Use Policy
2018-03 CC Reso Page 3 of 10 February 13, 2018
TABLE OF CONTENTS
SECTION 24. ELECTRONIC EQUIPMENT USE POLICY...........................................55
24.4 Communication Through Other Systems or Networks.........................................56
24.5 Misuse.................................................................................................................56
24.6 Consequences of Misuse ....................................................................................57
24.7 Access to Remote Email......................................................................................57
24.8 City Email ...........................................................................................................57
24.9.1 re" Phone City-issued Cell Phones ..................... ...57
24.9.2 Cell Phone Allowance........................................................................................58
24.10 Minimal Personal Use of Communications Equipment Permitted .....................69 59
2018-03 CC Reso Page 4 of 10 February 13, 2018
SECTION 24ELECTRONIC EQUIPMENT USE POLICY
24.1 The City provides electronic equipment to employees for use as tools for
efficiency in conducting City business.
(a) Electronic equipment includes instruments/devices such as:
(i) Landline telephones
(ii) Mobile/cellular telephones
(iii) Pagers
(iv) Computers
(v) Facsimile transmission (fax) machines
(vi) Photocopiers with and without scanning capabilities
(b) Electronic equipment also includes systems such as:
(i) E-mail
(ii) Internet and Intranet
(iii) Wireless networks
(iv) Data systems
(v) Voicemail
(vi) City network
24.2 Electronic equipment access is provided by the City to facilitate the performance
of City work.
(a) Incidental personal use is secondary, should not interfere or conflict with
business use or job performance, should clearly indicate that it is
personal, not City, usage, and is subject to regulation for cost controls.
(b) Electronic equipment must be used in compliance with applicable statutes,
regulations, and City policies including those that require a work
environment free from discrimination and harassment.
(c) Employees are expected to use common sense and judgment to avoid
any communication which is disrespectful, offensive or illegal.
24.3 Electronic equipment, and communications and content sent through the City's
electronic equipment (e.g. e-mail, electronic files, text messages, voicemail), are not
confidential.
2018-03 CC Reso Page 5 of 10 February 13, 2018
(a) Employees shall have no expectation of privacy.
(b) Employees acknowledge that the City has the right without prior notice to
monitor, review, access, retrieve and make proper and lawful use of all
electronic equipment, and electronic communications and content
contained in and transmitted through the City's network and outside
providers of wireless or electronic communications services.
(c) The existence of passwords or message delete functions does not restrict
the City's ability or right to access electronic equipment and
communications and content sent through the City's electronic equipment.
(d) In addition, where circumstances require, and the law allows, even
communications on privately held electronic equipment may be subject to
disclosure where the City has a legitimate business interest therein, i.e.,
investigations of employee misconduct, etc.
24.4 Communications Through Other Systems or Networks - Certain communications
and content sent through the City's electronic equipment (e.g. e-mail, electronic files,
text messages, voicemail) to recipients on networks/systems which are outside of the
City pass through networks/systems not managed by City. Some delivery methods and
networks/systems impose legal restrictions regarding the nature of messages allowed.
(a) Employees are expected to comply with all such regulations.
(b) Employees can create criminal and civil liability for themselves and the
City by using those systems in an offensive, defamatory or illegal manner.
In such event employees and other users may be subject to disciplinary
action up to and including termination.
24.5 Misuse - Without exhausting all the possibilities, the following are examples of
misuse of the City's electronic equipment:
(a) Any use that violates applicable law and/or City policies, rules or
procedures.
(b) Exposing others unwillingly, either through carelessness or intention, to
material which is offensive, harassing, obscene or in poor taste. This includes
information which could create an intimidating, offensive or hostile work
environment.
(c) Any use that may, for a reasonable person, create or further a hostile
attitude or give offense on the basis of race, color, religion, sex, gender,
gender expression, gender identity, national origin, ancestry, citizenship, age,
marital status, physical or mental disability, medical condition, genetic
information, sexual orientation, veteran status or any other basis protected by
law.
2018-03 CC Reso Page 6 of 10 February 13, 2018
(d) Communication of confidential City information to unauthorized
individuals within or outside of City.
(e) Unauthorized attempts to access data or break into any City or non-City
system.
(f) Theft or unauthorized copying of electronic fifes or data.
(g) Initiating or sustaining chain/spam letters, e-mail or other unauthorized
mass messaging communication.
(h) Intentional misrepresentation of one's identity for improper or illegal
purposes.
(i) Personal commercial or business activities (e.g. "for sale" notices,
personal ads, etc.).
0) Transmitting/accessing obscene material and/or pornography.
(k) E-Commerce.
(1) Online gambling.
(m) Installing or downloading unauthorized software or equipment.
(n) Violating terms of software licensing agreements.
24.6 Consequences of Misuse - Employees shall be held accountable for misuse and
may be disciplined in accordance with applicable City rules. The City reserves the right
to restrict or rescind employees' access to electronic equipment at its discretion. The
City reserves the right to specify how the City's network resources will be used and
administered to comply with this policy.
24.7 Access to Remote E-mail - Unless specified in writing by the Personnel Officer,
non-exempt employees are not authorized to have access to remote email via the web
or mobile phone.
24.8 City E-mail — The City's email system is an official communication tool for City
business. An official email address is established and assigned by the City to each
employee the City deems necessary.
(a) All City communications sent via email will be sent to and from this
address. City employees must use the official agency email, instead of
their private email address (such as yahoo, gmail, etc.) when
communicating agency business via email.
2018-03 CC Reso Page 7 of 10 February 13, 2018
(b) Should an email related to City business be sent to an employee's
personal email account, the email should be immediately forwarded to the
employee's City email account and responded to accordingly.
24.9.1 dell Phone "se City-Issued Cell Phones — All City issued cell phones are
provided as a tool to conduct City-related business. City cell phones are issued on an
as-needed basis with the approval of the Personnel Officer. All employees shall use
such devices in a responsible, appropriate, and safe manner.
(a) Employees are prohibited from installing any third-party equipment to
City cell phones unless approved by the employee's supervisor in
writing.
(b) Employees have no expectation of privacy as to data residing in
telecommunications devices and /or voice mail. The City may inspect
that data at any time and without notice, as permitted by state and
federal law.
(c) Employees shall protect City cell phones from loss or damage. An
employee assigned a City phone is responsible for its good care and
will be required to reimburse the City's cost for any damage, or lost cell
phones due to negligence. If such device is damaged, fails to work
properly, or is stolen or lost, the employee shall immediately notify the
Personnel Officer.
(d) City cell phones should only be used by employees in the performance
of their official duties. Personal use, beyond incidental use, of City cell
phones is strictly prohibited and will result in disciplinary action and
reimbursement of charges for personal use.
(e) Employees shall acquaint themselves with the rate plan that applies to
their cell phone and use their best efforts to make the most economical
and cost efficient use of the cell phone. Cell phones are unique in that
they may have charges for both in-coming and outgoing calls and texts.
In addition, local calls can still incur airtime charges if the plan minutes
are exceeded. A call may be made from a cell phone only if it cannot
be made at any other time with a provided wired landline telephone.
Because cell phones have additional "air time" and possible other
charges, employees are expected to use a wired landline telephone
when available.
(f) Employees are prohibited from using the camera function on City cell
phones, except as authorized by a supervisor for work-related
purposes.
2018-03 CC Reso Page 8 of 10 February 13, 2018
24.9.2 Cell Phone Allowance -- Employees whose job duties include the frequent need
for a cell phone may be issued a City cell phone or receive extra compensation, in the
form of a cell phone allowance, to cover business-related costs on their personal cell
phone. No further reimbursement for cell phone costs is available to employees who
receive such an allowance. Employees need to be readily accessible make themselves
available to receive and make time sensitive calls during and outside normal working
hours.
(a) Eligibility: Positions/Employees eligible for a cell phone allowance include:
1. Assistant City Manager;
2. City Clerk;
3. Planning and Development Services Director; and
4. Public Works Director.
(b) Allowance Amount: The standard monthly cell phone allowance amount
shall be $75.00. No further reimbursement for cell phone costs is
available to employees who receive the cell phone allowance.
(c) Allowance Payment: The approved cell phone allowance will be paid bi-
monthly as part of the employee's paycheck and will be subject to all
applicable payroll taxes. This allowance does not constitute an
increase to base pay, and will not be included in the calculation of
percentage increases to base pay due to salary increases, promotions,
etc.
(d) Employee Responsibilities: The employee must retain an active cell
phone contract as long as a cell phone allowance is in place. The
employee must provide the City Manager and the Finance Department
with their current cell phone number and immediately notify both parties
if the number changes. Employees 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.
Because the employee owns the cell phone personally, and the
allowance provided is taxable income, the employee may use the
phone for both business and personal purposes, as needed. Use of the
phone in any manner contrary to local, state, or federal laws will
constitute misuse, and will result in immediate termination of the cell
phone allowance.
If, prior to the end of the cell phone contract, a personal decision by the
employee, or employee misconduct, or misuse of the phone, results in
the cell phone allowance being discontinued or the need to end or
change the cell phone contract, the employee will bear the cost of any
fees associated with that change or cancellation. For example, if an
employee resigns, and no longer wants to retain the current cell phone
2018-03 CC Reso Page 9 of 10 February 13, 2018
contract for personal purposes, any cancellation charges will be the
employee's responsibility.
24.14 Minimal Personal Use of Communications Equipment Permitted — City
employees may use City telephones and e-mail for incidental personal use provided
that the use:
(g) Is kept to a minimum and limited to break times or non-working hours;
(h) Does not have any impact upon other City employees or operations;
(i) Allows the employee to more efficiently perform City work; and
0) Is not abusive, illegal, or inappropriate.
2018-03 CC Reso Page 10 of 10 February 13, 2018
STATE OF CALIFORNIA }
COUNTY OF SAN BERNARDINO }
CITY OF GRAND TERRACE }
I Debra L. Thomas, City Clerk of the CITY OF GRAND TERRACE, CALIFORNIA,
DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 2018-03
was duly passed, approved and adopted by the City Council, approved and signed by
the Mayor, and attested by the City Clerk, at the regular meeting of said City Council
held on the 13th day of February 2018, and that the same was passed and adopted by
the following vote:
AYES: Council Members Wilson, Hussey, Henderson; Mayor Pro Tem
Robles; Mayor McNaboe
NOES: None.
ABSENT: None.
ABSTAIN: None.
Executed this 14th day of February 2018, at Grand Terrace, California.
ebra L. Thomas
City Clerk
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