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HomeMy WebLinkAbout2008-06-24; City Council; 19491; Revision of Mobile Handheld Device PolicyV&ii CITY OF CARLSBAD - AGENDA BILL .^Ip/ ^ AB# 19.491 MTG. 06/24/08 DEPT. IT REVISION OF CITY MOBILE HANDHELD DEVICE POLICY DEPT. HEACf CITY ATTY/^ 8 ^ {§*£ CITY MGR. IJL^_ RECOMMENDED ACTION: Adopt Resolution No.. Handheld Device. 2008-184 updating Council Policy No. 72 - City Mobile ITEM EXPLANATION: On July 10, 2007 the City Council approved Council Policy No. 72 - City Mobile Handheld Device policy to establish guidelines to City Council members and City employees relating to the proper use and management of mobile handheld devices (e.g. cellular and smart phones). In addition, the policy established procedures for mobile handheld devices which help achieve maximum efficiency in the workplace. California Senate Bill 1613 makes it an infraction, effective July 1, 2008, to drive a motor vehicle while using wireless telephone, unless that telephone is designed and configured to allow hands-free listening and talking operation, and is used in that manner while driving. This offense would be punishable by a base fine of $20 for a first offense and $50 for each subsequent offense. The prohibition of the bill does not apply to a person who is using the cellular telephone to contact a law enforcement agency or public safety entity for emergency purposes or to emergency services professional while he or she operates an authorized emergency vehicle, as specified. Under this new law, a driver may become hands free in several ways. 1. Speaker Phone - use the speakerphone functionality available on most cell phones. 2. Use a Bluetooth wireless device - these are the microphone and earpiece devices worn on the ear. 3. Use a "wired" headset - ear buds plugged into the cell phone 4. Install a "car kit" - this is enhanced speaker phone and dialing capability installed directly into the vehicle. If none of these, or other, methods are utilized to enable hands free operation, the cell phone is not to be used while driving. DEPARTMENT CONTACT: Gordon Peterson 760-602-2450 gpete@ci.carlsbad.ca.us FOR CITY CLERKS USE ONLY. COUNCIL ACTION:APPROVED DENIED D CONTINUED D WITHDRAWN D AMENDED D CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D RETURNED TO STAFF D OTHER-SEE MINUTES D Page Two The City of Carlsbad is committed to protecting all employee drivers, their passengers, and the public from injury arising out of the use of motor vehicles for City business. This modification to the existing Council Policy 72 will help to achieve this goal and to comply with the new law that requires hands free cell use while driving a motor vehicle. FISCAL IMPACT: The fiscal impact is minimal and limited to acquisition of cellular phone accessories, as noted on page one, to enable hands free operation. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code section 21065 and CEQA Guidelines section 15738, this action does not constitute a "project" within the meaning of CEQA and therefore, does not require an environmental review. EXHIBITS: 1. Resolution No. 2008-184 adopting a revised Mobile Handheld Device Policy. 2. Revised Mobile Handheld Device Policy. 3. Revised Mobile Handheld Device Policy marked to show changes from current policy. 4 RESOLUTION NO. 2008-184 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, REVISING THE CITY'S MOBILE HANDHELD DEVICE POLICY 5 WHEREAS, City Council approved the Council Policy No. 72 - Mobile Handheld 6 Device on July 10, 2007; and 1 WHEREAS, the City Council may from time to time revise this policy as may be necessary to provide proper guidance to City personnel; and o 9 WHEREAS, California Senate Bill 1613, effective July 1, 2008, prohibits driving a () motor vehicle while using a wireless telephone, unless that telephone is designed and configured to allow hands-free listening. 12 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of 14 Carlsbad, California, as follows: 15 1. That the above recitations are true and correct. 2. The attached Council Policy No. 72 - Mobile Handheld Device Policy 17 revised June 24, 2008 18 (Exhibit 2) is hereby adopted and shall become effective immediately. 20 21 22 3 // 24 // 25 // 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 24th day of June, 2008, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. ATTEST: LORRAINE M. WO0D, City Clerk /SEAL) CITY OF CARLSBAD COUNCIL POLICY STATEMENT DATED: _JUNE 24, 2008 Exhibit 2 Page 1 of 4 | Policy No. Date of Issue: Effective Date Cancellation Date Supersedes No. _June 24, 2008 June 24, 2008 72 _d9ted July 10,_2_007_ Subject: MOBILE HANDHELD DEVICE POLICY Copies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To provide guidelines to City Council members and City employees related to the proper use and management of mobile handheld devices (e.g. cellular phones and wireless mobile computing device). This policy establishes the procedures for mobile handheld devices which help achieve maximum efficiency in the workplace. The City encourages individuals to be good stewards and use these mobile devices to report emergency situations (e.g. 911). BACKGROUND: Due to the nature of public sector work mobile handheld devices can enhance the operational effectiveness and efficiency of staff while away from the office. These devices are useful and effective tools for delivering prompt customer service. Although the value of mobile handheld devices is recognized, they are costly to operate, and expenditures need to be controlled. The City of Carlsbad will address the cellular phone segment in a three-pronged approach. The first part of this policy will address City-issued phones; whereby the employee is allocated a cellular phone and is expected to monitor it during normal work hours and while on call. Secondly, this policy also addresses an individual's need for wireless mobile computing devices and the administration of the equipment. Lastly, this policy will address providing a stipend to City Council members and employees; the stipend covers the cost of maintaining the individual's mobile handheld device used for City related business. The City Manager (for purposes of this policy, the City Attorney will be responsible for the employees in the City Attorney's Office) or designee will assign the appropriate cellular phone option to each employee. Overall, the policy provides oversight of mobile handheld devices and it also provides each department with flexibility. Use of these devices may also be governed by an Administrative Order. POLICY: City-Issued Cellular Phone The City will issue cellular phones to individuals who are required to provide immediate two-way communication with their respective office (e.g. Inspector, Maintenance Crew) or other contacts. Individuals will be issued cellular phones which will be paid for by the individual departments. An CITY OF CARLSBAD COUNCIL POLICY STATEMENT DATED: , JUNE .24, 2008 Policy No. Date Issue Effective Date Cancellation Date Supersedes No. Page 2 of 4 72 June 24,_2008 June 24, 2008 72 dated July 10, 2007 Subject: MOBILE HANDHELD DEVICE POLICY iCopies to:City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File individual may request to receive a wireless mobile computing device (combination of cellular phone and personal digital assistant), instead of a cellular phone, if a valid need is evident. All requests must be approved by the City Manager, or designee. All wireless mobile computing devices must comply with Information Technology standards. City-issued cellular phones are the property of the City of Carlsbad. Cellular phones are not to be used when a less costly alternative is safe, convenient, and readily available. Individuals shall be responsible for all issued equipment so long as employment with the City of Carlsbad is in effect. Personal use is prohibited; however, the City recognizes that unforeseen circumstances develop in which minimal and incidental use may occur, in which case the user is expected to reimburse the City for these expenses. A. Acquisition Best value principles apply when purchasing the cellular phone, accessories, services, and selection of the wireless provider. Departments will assume the responsibility for the delivery of services and will carry them out in the most efficient, effective, and economical means possible. 1) Mobile Handheld Request Individuals who are required to carry a City-issued cellular phone while on the job are required to provide a written statement of need which will be kept on file. B. Periodic Review The City Manager or designee shall periodically review the list of individuals who have a City- issued cellular phone to ensure that they still require a phone to effectively manage their business needs. In addition, periodic reviews of the cell phones and business use will be conducted. City-Issued Wireless Mobile Computing Device Wireless mobile computing devices (combination of cellular phone and personal digital assistant) are tools that serve as an extension of an individual's desktop computer. Employee requests for these devices must be justified by the individual requesting the device and are subject to approval of the City Manager or designee. Upon City Manager or designee approval, it becomes the responsibility of CITY OF CARLSBAD COUNCIL POLICY STATEMENT DATED: . JUNE 24, 2008 Subject: MOBILE HANDHELD DEVICE POLICY Policy No. Date Issue Effective Date Cancellation Date Supersedes No. Page 3 of 4 72 June 24, 2008 June 24,. .2008 72 dated July 10, 2007 Copies to:City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File the individual to contact the Information Technology Department for purchasing assistance to ensure compatibility with the City's technology infrastructure and compliance with licensing requirements. A. Acquisition Best value principles apply when purchasing the wireless mobile computing device or accessories, and services. 1) Mobile Handheld Request Individuals who request a City-issued wireless mobile computing device will be required to provide a written statement of need; all files will be maintained in each department. B. Periodic Review The City Manager or designee shall periodically review the list of individuals who have a City- issued mobile handheld device to ensure that they still require the device to effectively manage their business needs. City-Issued Stipend In lieu of a City-issued mobile handheld device, an individual may request to utilize their personal mobile handheld device and receive a stipend from the City. An individual requesting a stipend is required to complete and submit a written statement of need. Once it is determined that an individual's position may necessitate two-way wireless communication, the City Manager or designee may authorize the stipend. Eligible individuals will receive a taxable monthly allowance; the initial amount will be established by the City Council. Authority will be given to the City Council to adjust the stipend amount in the future. The stipend will be allotted to the employee on a biweekly basis. A. Acquisition If authorized for a stipend, it becomes the individual's responsibility to purchase, maintain, and sustain an active cellular phone account with an approved provider. A list of the current approved providers can be accessible through the Information Technology Department. B. Annual Review Annually, a list of stipend recipients will be reviewed by the City Manager or designee. Upon request, individuals must provide the appropriate document (e.g. copy of the monthly invoice) for review. The City Manager or designee will review this statement and make a determination based on the documentation presented. CITY OF CARLSBAD COUNCIL POLICY STATEMENT DATED: .June 24, 2008 Subject: MOBILE HANDHELD DEVICE POLICY Policy No. Date Issue Effective Date Cancellation Date Supersedes No. Page 4 of 4 72 June 24, 2008 June. Z4,--2008 72 dated July 10. 1007 Copies to:City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File Other Personally Owned Wireless Mobile Computing Device Individuals may connect their personally owned wireless mobile computing device to the City's network. The individual should contact the Information Technology Department (IT) for assistance with the connection to ensure device compatibility and that a sufficient number of software licenses are maintained. IT will provide and install the synchronization software. California Public Records Act Mobile handheld device records may be subject to disclosure under the California Public Records Act. Use of Mobile Handheld Devices While Driving - Safety First The City of Carlsbad is committed to protecting all employee drivers, their passengers, and the public from injury arising out of the use of motor vehicles for City business. The primary responsibility of a driver is to operate their motor vehicle safely and cautiously. Every driver must maintain full attention to the road and their surroundings while operating a motor vehicle. The use of mobile handheld devices while driving, such as a cellular phone, smartphone or any other wireless two-way communication device, may distract a driver's attention and present a negative image to the public. However, the use of mobile handheld devices while driving may be warranted when other means of communication are not readily available. If such a situation occurs, it is expected the driver will pull safely to the side of the road to initiate or complete a call. Effective July 1, 2008, all individuals are required by law to use a hands-free feature on all mobile handheld devices while driving, including while driving during the course of City business. All fines issued to an employee related to the use of handheld devices while driving will be the sole responsibility of the employee, not the City. While Public Safety employees are exempt from the hands-free law in the course of operating an authorized emergency vehicle in the scope of his or her duties, the above-referenced guidelines should be followed by Public Safety employees in all non-emergency situations. Exhibit 3 CITY OF CARLSBAD COUNCIL POLICY STATEMENT DATED: July 10, 2007 Policy No. Date of Issue: Effective Date Cancellation Date Supersedes No. Page 1 of 4 72 July 10,2007 July 10, 2007 (Subject: MOBILE HANDHELD DEVICE POLICY JGopies to:City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To provide guidelines to City Council members and City employees related to the proper use and management of mobile handheld devices (e.g. cellular phones and wireless mobile computing device). This policy establishes the procedures for mobile handheld devices which help achieve maximum efficiency in the workplace. The City encourages individuals to be good stewards and use these mobile devices to report emergency situations (e.g. 911). BACKGROUND: Due to the nature of public sector work mobile handheld devices can enhance the operational effectiveness and efficiency of staff while away from the office. These devices are useful and effective tools for delivering prompt customer service. Although the value of mobile handheld devices is recognized, they are costly to operate, and expenditures need to be controlled. The City of Carlsbad will address the cellular phone segment in a three-pronged approach. The first part of this policy will address City-issued phones; whereby the employee is allocated a cellular phone and is expected to monitor it during normal work hours and while on call. Secondly, this policy also addresses an individual's need for wireless mobile computing devices and the administration of the equipment. Lastly, this policy will address providing a stipend to City Council members and employees; the stipend covers the cost of maintaining the individual's mobile handheld device used for City related business. The City Manager (for purposes of this policy, the City Attorney will be responsible for the employees in the City Attorney's Office) or designee will assign the appropriate cellular phone option to each employee. Overall, the policy provides oversight of mobile handheld devices and it also provides each department with flexibility. Use of these devices may also be governed by an Administrative Order. POLICY: City-Issued Cellular Phone The City will issue cellular phones to individuals who are required to provide immediate two-way communication with their respective office (e.g. Inspector, Maintenance Crew) or other contacts. Individuals will be issued cellular phones which will be paid for by the individual departments. An CITY OF CARLSBAD COUNCIL POLICY STATEMENT DATED: July 10, 2007 Subject: MOBILE HANDHELD DEVICE POLICY Policy No. Date Issue Effective Date Cancellation Date Supersedes No. Page 2 of 4 72 July 10, 2007 July 10, 2007 •Copies to:City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File individual may request to receive a wireless mobile computing device (combination of cellular phone and personal digital assistant), instead of a cellular phone, if a valid need is evident. All requests must be approved by the City Manager, or designee. All wireless mobile computing devices must comply with Information Technology standards. City-issued cellular phones are the property of the City of Carlsbad. Cellular phones are not to be used when a less costly alternative is safe, convenient, and readily available. Individuals shall be responsible for all issued equipment so long as employment with the City of Carlsbad is in effect. Personal use is prohibited; however, the City recognizes that unforeseen circumstances develop in which minimal and incidental use may occur, in which case the user is expected to reimburse the City for these expenses. A. Acquisition Best value principles apply when purchasing the cellular phone, accessories, services, and selection of the wireless provider. Departments will assume the responsibility for the delivery of services and will carry them out in the most efficient, effective, and economical means possible. 1) Mobile Handheld Request Individuals who are required to carry a City-issued cellular phone while on the job are required to provide a written statement of need which will be kept on file. B. Periodic Review The City Manager or designee shall periodically review the list of individuals who have a City- issued cellular phone to ensure that they still require a phone to effectively manage their business needs. In addition, periodic reviews of the cell phones and business use will be conducted. City-Issued Wireless Mobile Computing Device Wireless mobile computing devices (combination of cellular phone and personal digital assistant) are tools that serve as an extension of an individual's desktop computer. Employee requests for these devices must be justified by the individual requesting the device and are subject to approval of the City Manager or designee. Upon City Manager or designee approval, it becomes the responsibility of O CITY OF CARLSBAD COUNCIL POLICY STATEMENT DATED: July 10, 2007 Policy No. Date Issue Effective Date Cancellation Date Supersedes No. Page 3 of 4 72 July 10, 2007 July 10, 2007 'Subject: MOBILE HANDHELD DEVICE POLICY iCopies to: City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File the individual to contact the Information Technology Department for purchasing assistance to ensure compatibility with the City's technology infrastructure and compliance with licensing requirements. A. Acquisition Best value principles apply when purchasing the wireless mobile computing device or accessories, and services. 1) Mobile Handheld Request Individuals who request a City-issued wireless mobile computing device will be required to provide a written statement of need; all files will be maintained in each department. B. Periodic Review The City Manager or designee shall periodically review the list of individuals who have a City- issued mobile handheld device to ensure that they still require the device to effectively manage their business needs. City-Issued Stipend In lieu of a City-issued mobile handheld device, an individual may request to utilize their personal mobile handheld device and receive a stipend from the City. An individual requesting a stipend is required to complete and submit a written statement of need. Once it is determined that an individual's position may necessitate two-way wireless communication, the City Manager or designee may authorize the stipend. Eligible individuals will receive a taxable monthly allowance; the initial amount will be established by the City Council. Authority will be given to the City Council to adjust the stipend amount in the future. The stipend will be allotted to the employee on a biweekly basis. A. Acquisition If authorized for a stipend, it becomes the individual's responsibility to purchase, maintain, and sustain an active cellular phone account with an approved provider. A list of the current approved providers can be accessible through the Information Technology Department. B. Annual Review Annually, a list of stipend recipients will be reviewed by the City Manager or designee. Upon request, individuals must provide the appropriate document (e.g. copy of the monthly invoice) for review. The City Manager or designee will review this statement and make a determination based on the documentation presented. CITY OF CARLSBAD COUNCIL POLICY STATEMENT DATED: July 10, 2007 Policy No. Date Issue Effective Date Cancellation Date Supersedes No. Page 4 of 4 72 July 10. 2007 July 10,2007 Subject: MOBILE HANDHELD DEVICE POLICY Copies to:City Council, City Manager, City Attorney, Department Heads and Division Heads, Employee Bulletin Boards, Press, File Other Personally Owned Wireless Mobile Computing Device Individuals may connect their personally owned wireless mobile computing device to the City's network. The individual should contact the Information Technology Department (IT) for assistance with the connection to ensure device compatibility and that a sufficient number of software licenses are maintained. IT will provide and install the synchronization software. California Public Records Act Mobile handheld device records may be subject to disclosure under the California Public Records Act. Use. Of Mobile Handheld Devices While Driving- Safety First The City of Carlsbad is committed to protecting all employee drivers, their passengers, and the public from injury arising out of the use of motor vehicles for City business. The primary responsibility of a driver is to operate their motor vehicle safely and cautiously. Every driver must maintain full attention to the road and their surroundings while operating a motor vehicle. The use of mobile handheld devices while driving, such as a cellular phone, smartphone or any other wireless two-way communication device, may distract a driver's attention and present a negative image to the public. However, the use of mobile handheld devices while driving may be warranted when other means of communication are not readily available. If such a situation occurs, it is expected the driver will pull safely to the side of the road to initiate or complete a call. Effective July 1. 2008, all individuals are required by law to use a hands-free feature on all mobile handheld devices while driving, including while driving during the course of City business. All fines issued to an employee related to the use of handheld devices while driving will be the sole responsibility of the employee, not the City. While Public Safety employees are exempt from the hands-free law in the course of operating an authorized emergency vehicle in the scope of his or her duties, the above-referenced guidelines should be followed by Public Safety employees in all non-emergency situations. An overarching concern of the City is the personal safety of employees and the residents of Carlsbad. Individuals should use proper safety procedures at all times when utilizing a cellular phone, including the -use of -a --tends free headset, particularly while operating equipment or driving City vehicles. EffeGttve4uly-4;-2008, employees are required to use a hands free device on all cellular phones when conducting City business while operating/driving a City vehicle. All fines will be the responsibility of tbe4ndividual user.