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HomeMy WebLinkAboutRevised Wireless Communication Stipend PolicyCITY OF PALM DESERT HUMAN RESOURCES DEPARTMENT STAFF REPORT REQUEST: Approval of Revised Wireless Communication Stipend Policy SUBMITTED BY: Lori Carney, Human Resources Manager DATE: June 23, 2011 CONTENTS: Wireless Communication Stipend Policy Recommendation: By Minute Motion: Adopt revised Wireless Communication Stipend Policy Background: At its February 24, 2005, meeting the City Council approved a Wireless Cell Phone Stipend Policy which provided a monthly stipend of $50 for specified employees and Council Members. In light of changes in the City's need for wireless communication, current budget constraints and the wider availability of wireless communication options this policy has been reviewed and updated. Language was updated to reflect current best practices, California law and to include examples of appropriate forms. Staff recommends adopting the revised policy as presented herein, effective July 1, 2011. In addition, the amount of the monthly stipend has been reduced. As part of the FY 2011/2012 budget review staff determined that a monthly wireless stipend of $40 would reasonably reimburse employees for the business use of their personal phones/devices. This reflects the current widespread use of wireless devices and the lower proportional cost for business use. The revised policy provides a $40 per month stipend in place of the current $50 per month stipend. The FY 2011/2012 budget reviewed by the City Council reflects this amount and costs/savings have been distributed among departments by their number of designated employees. Staff Report Approval of Wireless Cell June 23, 2011 Page 2 of 2 Fiscal Analysis: Phone Stipend Policy Approximately $4,400 annual savings, which is reflected in the FY 2011 /2012 budget. Submitted Lori Carne eHuman Resources Manager S. Gibson, Director of Finance Approval: City manager CITY COUNCILACTION APPROVED_ ✓ DENIED RECEIVED OTHER MEETING DATE - O/ AYES: f�i a cn ieo NOES: _Nnnc ABSENT: i4 o oe ABSTAIN: C VERIFIED BY- Original on File with City Clerk s Office CITY OF PALM DESERT WIRELESS CELL PHONE STIPEND POLICY POLICY STATEMENT With the development and use of new, improved, and affordable forms of communication, cellular telephones 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 as needed. Cellular telephones also allow users to work during typical periods of downtime, such as when traveling and in cases when employees are on -call or in an emergency situation. Therefore, the City has approved the stipend program POLICY PROCEDURES The City will pay a monthly cellular phone stipend in the amount of $40.00 for authorized employees and/or authorized persons. All maintenance and replacements of said device will be the responsibility of the employee. Additionally, pursuant to California, S131613, the employee is responsible for purchasing, using and maintaining `hands -fee listening and talking devise' while driving. 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 or 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 CITY OF PALM DESERT WIRELESS CELL PHONE STIPEND POLICY PAGE 2 of 3 requires, per work schedule, while on -call duty, in emergency situations or as agreed upon with the 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 ACM. E. The employee and/or authorized person will be responsible for purchase, replacement, and/or repair of their cellular phone and equipment. F. Effective July 1, 2008, California SB1613 requires that all motorists must 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 law enforcement for use of a mobile communications device while driving, the repercussions of the ticket are the responsibility of that employee or authorized person. G. Employees and authorized persons may upgrade their plan, equipment and/or change wireless service 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 City -paid monthly allowance of $40.00 shall be the personal responsibility of the user. Any additional services, i.e., cameras, networking/internet capabilities, shared plans are the financial responsibility of the employee and/or authorized person. Each cellular telephone 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 telephones to engage in such conduct. Users violating this section will be subject to disciplinary action up to and 6/1 /2011 CITY OF PALM DESERT WIRELESS CELL PHONE STIPEND POLICY PAGE 3 of 3 including termination, and in appropriate circumstances, a referral for prosecution for the violation of criminal laws. For purposes of this Policy, the terms "fraud" and "libel" are given their legal meaning as developed by the courts of this State and of the United States. "Obscenity' means words, images or sounds which a reasonable person, applying contemporary community standards, when considering the contents as a whole, would conclude that they appeal to prurient sexual/physical interests of violently subordinating behavior rather than an intellectual or communicative purpose, and materials that, taken as a whole regarding their content and their particular usage or application, lack any redeeming literary, scientific, political, artistic or social value. "Threatening", means communications, which result in an individual being fearful or imminent bodily harm and/or emotional/mental disruption of his/her daily life. "Harassing", means to engage in a know and willful course of conduct directed at another which seriously alarms or annoys another, and which serves no legitimate purpose. In addition, "harassment" shall also mean subject to unwelcome sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of such a nature that has the purpose of effect or creating an intimidating and/or hostile work environment, or as otherwise provided pursuant to state and/or federal law. Other conduct, which is prohibited by this Policy, is that, which would constitute discrimination on the basis of race, religion, sex, national origin, disability, marital status, sexual orientation or any other classification recognized by state and/or federal law. 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 DIRECT CONNECT NUMBER (FOR NEXTEL CUSTOMERS) WOULD YOU LIKE YOUR NUMBERS TO BE ADDED TO THE LIST GIVEN TO EMPLOYEES? YES NO SIGNATURE DATE 6/1/2011 CITY OF PALM DESERT REQUEST TO ACCESS CITY OF PALM DESERT OUTLOOK SYSTEM USING PERSONAL SMART PHONE I am requesting permission to access the City's Outlook system for calendaring/e-mail via my personal smart phone. Policy Compliance: By my signature below, I acknowledge that I have read the City's internet/email policy and understand its provisions. I further understand that these provisions apply to all of the City's electronic data, including data accessed through my personal electronic devices as it is potentially a public record. I also acknowledge that, as prohibited by state and local laws, I will not access any of the City's electronic systems with a handheld device while driving or walking, or in any situation that may create a safety hazard to myself or others. Overtime work/Telecommutina not authorized: Access is granted as a convenience and is not in and of itself authorization to telecommute or engage in overtime and/or after hours work. I understand that all provisions of my employment apply to work done while using my smart phone, including the requirement for authorization from my supervisor prior to working any overtime. Equipment/Technical Support: I will obtain and maintain my own personal equipment and carrier for this access, with no expectation of support or equipment from the City's I.T. staff. Employee Name (print) Employee Signature Supervisor Signature Date Date