Policy 05.07 Cellular Telephones and Plans

POLICY TITLE:	Cellular Telephones and Plans
POLICY NUMBER:	05.07
VERSION:	1.0
REVISED DATE:	August 17, 2017
REVIEWED DATE:	March 13, 2018
APPROVAL DATE:	March 22, 2018
EFFECTIVE DATE:	April 2, 2018
NUMBER OF PAGES:	4

1. Description and Purpose This policy outlines the use of wireless communication devices (personal cellular telephones) at work, the personal use of City of Saint Paul (City) cellular (cell) telephones (phones), and the safe use of cell phones by employees while driving. The purpose of this policy is to provide guidelines regarding wireless communication devices. This policy enables the City to meet its fiduciary responsibilities.

2. Applicability This policy applies to all employees of the City.

3. Failure to Comply Failure to comply with this policy may result in disciplinary action in accordance with any and all disciplinary policies of the City.

1. It is the policy of the City that use of personal cell phones (including text messaging) shall be limited during the workday and City issued cell phones shall be utilized for City business purposes only and in a safe manner.

2. The City recognizes that cell phones may be an important and necessary tool in the performance of certain employee’s job duties. For those employees who have an approved and valid City business purpose, the City will, subject to specified terms and restrictions, provide a City owned cell phone for that employee’s business use.

3. It is the intention of the City to strictly curtail and limit the number of City owned cell phones with Internet and/or data capability. When Internet or data capability is warranted, it is the intention of the City to make such provision by means of a cell phone allowance as specified herein.

i. During paid work time, employees are expected to exercise the same discretion in using personal cell phones as is expected for the use of any City owned cell phones.

ii. Excessive personal calls (including text messaging) during the workday is not allowed, regardless of the phone used, as it can interfere with employee productivity and be distracting to others.

i. City owned cell phones should not be treated as if they were the employee’s personal property.

ii. Except for incidental personal use, City owned cell phones are to be used for City business purposes only.

iii. Incidental personal use phone calls are to be made at times that do not adversely affect the performance of official duties and are brief in duration and frequency.

i. Employees whose job responsibilities include regular or occasional driving must refrain from using a cell phone while driving. Safety must come before all other concerns.

i) Regardless of the circumstances, including slow or stopped traffic, employees are must pull off to a reasonably safe location and safely stop the vehicle before placing or accepting a call.

a) If acceptance of a call is unavoidable and pulling over is not an option, employees are required to use hands-free options and are expected to keep the call short, refrain from discussion of complicated or emotional issues, and keep their eyes on the road.

b) Special care should be taken in situations where there is traffic; inclement weather or the employee is driving in an unfamiliar area.

ii. In situations where a City cell phone has been issued and the employee’s job responsibilities include regular driving and accepting of business/government calls, hands-free equipment will be provided to facilitate the provisions of this policy.

iii. With the exception of extraordinary circumstances, operators of authorized emergency vehicles are to comply with the hands-free requirement while driving.

iv. Employees whose job responsibilities do not specifically include driving as an essential function, but who are issued a cell phone for business/governmental use, are also expected to abide by the provisions above.

v. Under no circumstances are employees allowed to place themselves at risk to fulfill business/government needs.

vi. Text messaging, reading emails, and writing emails while driving is not allowable under any circumstance.

vii. 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.

viii. Violations of this policy will be subject to discipline, up to and including dismissal.

i. Cell phones must be either turned off or place in silent mode when in meetings.

a) Emergency personnel should leave the room if possible to answer calls for emergency services.

a. The determination of which phone and plan is appropriate for each employee will be made by the City Manager or his designee.

b. This determination will be made by taking into account the employee’s individual job duties and related wireless communication needs. These needs will be determined by consulting with the Department Director and when necessary, the employee. Based on these individual needs, it will be the responsibility of the City Manager or his designee to procure the most cost-effective alternative of cell phone and plan.

i. Contract, polling of minutes, and free phone offers are examples of methods that will be used to establish the most cost-effective alternative for cell phones and plans.

a. The Finance Department is responsible to ensure that all City owned the respective departments inventory cell phones and a current, accurate inventory is maintained.

b. Responsibility for every City owned cell phone is assigned to an employee using the cell phone. The employee assigned the cell phone shall be responsible for use that occurs on the phone and payment for personal use.

c. Cell phones shall remain the sole property of the City and shall be subject to inspection or monitoring (including related records) at any time.

d. Employees in possession of City cell phones are expected to protect the equipment from loss, damage, or theft.

e. Upon resignation or termination of employment, or at any time upon request, the employee may be asked to produce the cell phone for return or inspection. Employees unable to present the phone in good working condition within the time period requested will bear the cost of a replacement.

f. Employees who separate from employment with outstanding debts for equipment loss or unauthorized charges will be considered to have left employment on unsatisfactory terms and may be subject to legal action for recovery of the loss.

g. Employees transferring or promoting within the City must coordinate their prior cell phone hardware and account with, and eligibility in the new department or position must be re-established.

a. The use of cell phones, whether owned by the employee or the City creates a record of the number dialed, or the number of the caller.

b. When the cell phone is used for City business, that record is, in nearly every case, a government record, subject to possible disclosure to the City.

c. Similarly, any message or email relating to City business that is left on a cell phone, whether owned by the employee or the City, is, in nearly every case, a government record, subject to possible disclosure to the City.

a. Individuals who use City issued cell phones for personal use (calls, text messages, data) are responsible for reimbursing the costs associated with the personal use.

b. The amount of the reimbursement to the City will be equal to the increase in monthly charges to the City caused by the personal calls.

a. As with any policy, supervisory staff are 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.

1. None.

1. This is a policy new policy.