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Home My WebLink AboutSR - Amended City Cellular Phone Policies � � Q CITY OF PALM DESERT ,� SPECIAL PROGRAMS DEPARTMENT STAFF REPORT REQUEST: APPROVAL OF THE AMENDED CITY CELLULAR PHONE POLIC S � � V SU BMITTED BY: Frankie Riddle, Director of Special Programs � � � � � � � � DATE: March 27, 2008 � .� c� 0 CONTENT: 1. Amended Wireless Cellular Phone Stipend Policy � N 2. Amended Push to Talk Cellular Phone Policy � � � 0 � w h � z Q � � U il. RECOMMENDATION: � ❑ By Minute Motion, approve the amended Wireless Cellular Phone Stipend Policy an Push to Talk Cellular Phone Policy. DISCUSSION: At its February 24, 2005, meeting, the City Council approved the Wireless Cell Phone Stipend Policy which included a monthly allowance of$50/month for specified employees. However, with the passage of SB1613, which goes into effect on July 1, 2008, and requires that a hands free device be used in conjunction with a cellular phone while operating a vehicle, staff determined that changes to the policies must be made. The City Stipend Policy and Push to Talk Policy were submitted to Assistant City Managers and department heads for review and comment. Comments received were incorporated in the policies as appropriate. These changes bring the policy current by reflecting the terms of the new hands free law as well as a few other minor changes. Staff recommends that the City Council approve both the amended Push to Talk Cellular Phone Policy and the Wireless Cellular Phone Stipend Policy as submitted. Submitted By: Approval: .� Frankie Riddle Carlos L. Ort D' ctor of Special P ograms '�zTY COUNCI�it �i�- APPROVED DENIED � Con ' � �`� � REC�IVED OTHER ` 1 MES NxT G D1�TE�_ C L. (C`•-U�3 $:_�I}��1 C.l �i F��I i ��'lliPnP ��ry /��'� Sheila R. Gilligan NOES: p7 � ACM Community Services �BSENT: � ABSTAIN: VERIFIED BY:__Qp�/� n)Cr�--� �riqinal on Fi 7 P wi t"'��"a��, r,,.�.,�� „r�, _: ��-� CITY OF PALM DESERT � � WIRELESS CELLULAR PHONE STIPEND POLICY POLICY STATEMENT With the development and use of new, improved, and affordable forms of communication, wireless cellular phones have now become a standard tool in the workplace environment. Cellular telephones can be a reliable and important instrument in assisting employees and authorized persons to more effectively accomplish their duties and responsibilities. When properly utilized and controlled, this mobile form of communication permits users to remain in contact with their office and/or be available when needed, such as when traveling and in cases when employees are on-call or in an emergency situation. POLICY PROCEDURES The City will pay a monthly cellular phone stipend in the amount of $50.00 for authorized employees and/or authorized persons. Additionally, pursuant to California S61613, requiring that all motorists utilize a "hands-free listening and talking device" while driving, the City will offer a one-time $80.00 payment to all stipend employees for the purchase of such device. After this one-time payment, all maintenance and replacements of said device will be the responsibility of the employee. A. All cellular phone stipend requests must be submitted in writing to the Director of Special Programs by the employee's or authorized person's Department Head with written approval from the DepartmenYs ACM. B. Designated employees and authorized persons must maintain cellular phone service in order to remain eligible for the monthly allowance provided by the City. Designated employees and authorized persons shall provide documentation to the Special Programs Department, as requested to verify continued ownership and business use of a cellular phone in order to maintain their monthly allowance. The City does not require the employee or authorized person receiving the stipend to contract with any particular service provider, or utilize any particular type of cellular phone equipment in order to receive the stipend. C. Employees and authorized persons receiving the stipend are expected to be available via cellular telephone during normal business hours, as workload requires, per work schedule, while on-call duty, in emergency situations or as agreed upon with supervisor. D. Employees and authorized persons receiving the stipend shall provide their cellular number and any subsequent changes to the nUmber to the Special Programs Department and to their Department Head and/or Assistant City Manager. E. The employee and/or authorized person will be responsibie for purchase, replacement, and/or repair of their cellular phone and equipment. F. Effective July 1, 2008, California SB1613 requires that all motorists shall not drive while using a "wireless telephone" unless the phone is "specifically designed and configured to allow hands-free listening and talking". If an employee or authorized person is cited by CITY OF PALM DESERT WIRELESS CELLULAR PHONE STIPEND POLICY PAGE 2 of 2 law enforcement for use of a wireless cellular phone without use of a hands-free configuration while driving, the repercussions of the ticket are the responsibility of that employee or authorized person. G. Employees and authorized persons receiving the stipend may upgrade their plan, equipment, and/or change wireless services at their own cost. However, the service provider for the push to talk cellular phones provided by the City to certain employees and authorized persons is Nextel. Therefore, any managers, directors, ACMs, or others that supervise field staff and have wireless cell phone service with a provider other than Nextel will be required to carry a push to talk cellular phone during normal business hours or when needed. Please note: as the City is free to change cellular phone providers at anytime, this policy will remain in place. H. Payment of any cellular phone use in excess of the $50.00 stipend shall be the personal responsibility of the user. Any additional services or phone features, e.g. cameras, headsets, networking/internet capabilities, and shared plans are the financial responsibility of the employee and/or authorized person. I. Each cellular phone user will be held accountable for his/her own actions, which affect such resources. LEGAL AND ETHICAL LIMITATIONS ON THE USE OF CELLULAR TELEPHONES FOR BUSINESS PURPOSES While the City recognizes and respects users' rights to freedom of speech, such rights are not absolute. Speech, which is fraudulent, libelous, obscene, harassing, or threatening is not permitted under State or Federal law, and is in direct violation of City policies addressing such and the City's Personnel Rules. While conducting City business, users are expressly prohibited from using their cellular phones to engage in such conduct. Users violating this section will be subject to disciplinary action up to and including termination, and in appropriate circumstances, a referral for prosecution for the violation of criminal laws. The City's personnel Rules define the behaviors identified above that are prohibited whether the employee is using a City issued push to talk cellular phone, a cell phone for which the employee receives a stipend, or a personal cell phone. ACKNOWLEDGEMENT FORM I have received and read the City of Palm Desert's Wireless Cellular Phone Stipend Policy and understand its provisions. I also understand that the City-provided cellular telephone allowance will be discontinued if I do not maintain a cellular telephone and service or if found guilty of cellular phone misuse as described above. I further understand that when I sign this acknowledgement form it will be placed in my personnel file. PRINT NAME CELL PHONE NUMBER D/RECT CONNECT NUMBER(FOR NEXTEL CUSTOMERS) WOULD YOU LIKE YOUR NUMBERS TO BE ADDED TO THE LIST GIVEN TO EMPLOYEES? YES NO S/GNATURE DATE 4/3/2008 ��•�� CITY OF PALM DESERT � PUSH TO TALK CELLULAR PHONE POLICY POLICY STATEMENT With the development and use of new, improved, and affordable forms of communication, push to talk cellular phones have now become a standard tool in the workplace environment. Push to talk cellular phones can be a reliable and important instrument in assisting employees and authorized persons to more effectively accomplish their duties and responsibilities. When properly utilized and controlled, this mobile form of communication permits users to remain in contact with their office and/or be available as needed. POLICY PROCEDURES A. Designated employees and authorized persons will be assigned City paid push to talk cellular phones for business use. B. All push to talk cellular phone requests must be submitted in writing to the Director of Special Programs by the employee's and/or authorized person's Department Head with written approval from the Department's ACM. C. Designated employees and authorized persons issued push to talk cellular phones are expected to be available via issued cellular phone during normal business hours, as workload requires, per work schedule, while on-call duty, in emergency situations, or as agreed upon with supervisor. D. Effective July 1, 2008, California SB1613 requires that when driving a vehicle while using a cellular phone, the phone must be equipped with a hands-free device. As push to talk cellular phones do not have true hands free capabilities, all employees and authorized persons must refrain from using push to talk cellular phones while operating City and/or personal vehicles while on City business. If an employee or authorized person is cited by law enforcement for use of a cellular phone while driving, the repercussions of the ticket are the responsibility of that employee or authorized person. Violation of this policy could result in disciplinary action. E. If an employee or authorized person's push to talk cellular phone and/or equipment is lost, stolen, or becomes defective, please notify the Special Programs Department immediately. Like other City property, all push to talk cellular phones and equipment must be cared for and maintained in good working order. The City will purchase the initial cellular phone and offer replacements for defective phones at no fault of the employee or authorized person. However, damaged phones resulting from employee and/or authorized persons carelessness will be the responsibility of the employee to replace. The Director of Special Programs, in conjunction with the employee or authorized person's Department Head will determine if the employee or authorized person is responsible for replacement charges based on the reason and number of instances requiring replacement. � CITY OF PALM DESERT PUSH TO TALK CELLULAR PHONE POLICY PAGE 2 F. The employee and/or authorized person understands and accepts that use of the City paid push to talk cellular phone is for City business purposes. G. The employee and/or authorized person understands that the push to talk cellular phone is to be used during normal business hours, as workload requires, per work schedule, while on-call duty, in emergency situations, or as agreed upon with supervisor. Therefore, the phone must be kept at the employee's workstation to charge during non-working hours. H. If for any reason the employee or authorized person leaves employment with the City or is no longer part of City operations, whether it is voluntary or involuntary, the Human Resources Department will notify the Special Programs Department immediately. The employee and/or authorized person understands that the push to talk cellular phone and all equipment must be returned to the Special Programs Department prior to the last day of work. I. Each City paid push to talk cellular phone users will be held accountable for his/her own actions, which affect such resources. LEGAL AND ETHICAL LIMITATIONS ON THE USE OF THE PUSH TO TALK CELLULAR PHONES FOR BUSINESS PURPOSES While the City recognizes and respects users' rights to freedom of speech, such rights are not absolute. Speech, which is fraudulent, libelous, obscene, harassing, or threatening is not permitted under State or Federal law, and is in direct violation of City policies addressing such and the City's Personnel Rules. While conducting City business, all City phone users are expressly prohibited from using their push to talk cellular phones to engage in such conduct. Users violating this section will be subject to disciplinary action up to and including termination, and in appropriate circumstances, a referral for prosecution for the violation of criminal laws. The City's personnel Rules define the behaviors identified above that are prohibited whether the employee is using a City issued push to talk cellular phone, a cell phone for which the employee receives a stipend, or a personal cell phone. ACKNOWLEDGEMENT FORM I have received and read the City of Palm Desert's Push to Talk Cellular Phone Policy and understand its provisions. Failure to adhere to the provisions of this policy will result in discontinuation and may lead to disciplinary action. I further understand that when I sign this acknowledgement form it will be placed in my personnel file. PRINT NAME SIGNATURE DATE G:\CityClrkWmy Hughes\Cell Phones�Push to Talk Cellular Phone Policy 032708.doc 3l18/2008