§ 2-425.16. Mobile phones.

This policy outlines the use of personal mobile phones commonly referred to as "cell" or "smart" phones at work, the personal use of business mobile phones, the permitted use of mobile phones by employees while driving, operating equipment, and prohibited uses of mobile phones.

Personal mobile phones. While at work, employees are to exercise the same discretion in using personal mobile phones as they do for City phones. Excessive personal calls and/or text messaging during the workday, regardless of the phone used, can interfere with employee productivity and be distracting to others. The City encourages a reasonable standard of limiting personal calls and/or text messaging during work time to no more than once per day as needed. Employees are therefore asked to make any other personal calls and/or text messages on non-work time where possible and to ensure that friends and family members are aware of the City's policy. Flexibility will be provided in circumstances demanding immediate attention in the case of an emergency.

Employees are permitted to utilize their personal mobile phones for work-related communications.

The City will not be liable for the loss or damage to personal mobile phones brought into the workplace.

Personal use of City-provided mobile phones. Where job or business needs demand immediate access to an employee, the City may issue a business mobile phone to an employee for work-related communications. Employees are to exercise the same discretion in using City provided mobile phones as they do for other City phones. To protect the employee from incurring a tax liability for the personal use of this equipment, such phones are to be used primarily for business reasons only. Phone logs may be audited to ensure no unauthorized use has occurred. There is no expectation of privacy in City-provided mobile phones and the City-provided phone may be searched at any time without warrant.

If an employee experiences a need to use the City provided mobile phone for personal reasons, he or she is required to pay for said use if the account is billed for overage. The employee will be asked to sign a form (Form #19) specifying the number(s) called and the reason for the call(s), as well as a specific authorization to deduct the cost of the call(s) from his or her paycheck.

Employees in possession of City owned equipment such as mobile phones are expected to protect the equipment from loss, damage, or theft. Upon resignation or termination of employment or at any time upon request, the employee may be asked to produce the phone for return or inspection. Employees unable to present the phone in good working condition within 24 hours may be expected to bear the cost of a replacement.

Employees who possess a City issued mobile phone shall not modify or attempt to modify the mobile phone plan without prior express consent of the employee's department head. Unauthorized modification of a City plan may result in a corrective action.

Employees who possess a City issued mobile phone shall not upgrade or attempt to upgrade said phone without prior express consent of the department head. Unauthorized upgrade of a City phone may result in corrective action.

Employees who purchase downloadable content and/or applications for their City issued mobile phone device including, but not limited to, ring tones and games, shall be personally responsible for reporting said purchase and reimbursing the City for said expense, if not authorized by the City.

The City reserves the right to monitor phone logs to include numbers called and the pattern of said calls. Phone records and phone calling patterns may be monitored by City officials at any time.

Safety issues for personal and City-provided mobile phone use. Employees whose job responsibilities include regular or occasional driving or the operation of construction equipment and who are issued a mobile phone for business use or carry a personal mobile phone while on duty are required to refrain from using their mobile phone while driving or operating the equipment. Safety must come before all other concerns. Employees are permitted to pull off to the side of the road and safely park the vehicle before placing or accepting a call. If acceptance of a call is unavoidable and pulling over to park is not an option, employees are required to keep the call short, use a hands-free device, refrain from discussion of complicated or emotional issues and keep their eyes on the road. Special care should be taken in situations where there is traffic, inclement weather, or the employee is driving in an area with which the employee is unfamiliar. The aforesaid restrictions do not apply to law enforcement officers or fire fighters in the performance of their official duties.

Employees whose job responsibilities do not specifically include driving as an essential function, but who are issued a mobile phone for business use, are also expected to abide by the provisions above. Under no circumstances are employees allowed to place themselves at risk to fulfill business or personal needs while on duty.

Employees driving a personal vehicle engaged in business for or on behalf of the City must follow the same rules above, regardless of whether the phone they are using is a City-issued or personal mobile phone. No use of a mobile phone while driving is permitted while on City business, unless you first pull over to a safe location or use a hands-free device.

Employees who are charged with traffic violations resulting from the use of their mobile phone while driving will be solely responsible for all liabilities that result from such actions.

Violations of this policy will be subject to the highest forms of corrective action, including termination.

Prohibited Uses. The City recognizes that the use of text messaging is a growing trend; moreover, the City recognizes that text messaging is a leading cause of motor vehicle accidents. Theretofore, both the transmission and the receipt of text messages are strictly prohibited, while the employee is driving a City vehicle or any vehicle on behalf of the City during the provision of City services. Violation of this policy shall result in the loss of mobile phone privileges and be subject to corrective action up to and including termination.

Employees who are provided a City phone shall not utilize his or her phone for harassment. If it is determined by law enforcement authorities that the harassment was generated over the City provided mobile phone, said employee shall lose his or her mobile phone privileges and be subject to corrective action up to and including termination.

Employees who are provided a City phone shall not use said phone to call 900 numbers without prior express consent from the City Administrator. Violation of this policy may result in the loss of their mobile phone privileges and corrective action. The employee shall be responsible for the payment of said call(s) through a payroll deduction prior to the payment of said bill. The employee will be asked to sign a form (Form #19) specifying the use(s), as well as a specific authorization to deduct the cost of the call from his or her paycheck. Failure to report such use may result in corrective action. Failure to reimburse the City for the cost of the unauthorized use will result in tax liability for the employee as well as possible corrective action.

The use of mobile phones without a hands free device while driving is illegal. Employees are prohibited from utilizing mobile phones when driving unless one of the following applies:

a.

The driver is a law enforcement officer or fire fighter while performing his or her official duty;

b.

The driver is reporting an emergency situation;

c.

The driver is utilizing a hands free or voice operated device.

Violation of this policy shall result in the loss of mobile phone privileges and be subject to corrective action up to and including termination.

Special responsibilities for management. As with any policy, management staff is 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.

(Ord. No. 72-2011, § I(Exh. A), 12-20-2011; Ord. No. 3-2014, § I, 1-21-2014)