A. Eligibility:
1. Employees whose job duties include the frequent need for a cellphone may receive extra compensation, in the form of a monthly cellphone stipend, to cover business related costs. An employee is eligible for a personal cellphone stipend if at least one of the following criteria is met:
a. The job function of the employee requires considerable time outside of the employee's assigned office or work area and it is important to the department function that the employee is accessible during those times;
b. The job function of the employee requires the employee to be accessible outside of scheduled or normal working hours where time sensitive decisions or notifications are required;
c. The job function of the employee requires the employee to have wireless data and internet access;
d. The employee is designated as a "first responder" to emergencies.
2. An employee who only occasionally is contacted for business purposes is not eligible for a stipend; however, the employee may seek reimbursement for business related calls pursuant to title 5, administrative policy 1420, "Wireless Devices Acquisition And Usage", of this manual, as amended.
B. Stipend Plan:
1. If an employee meets the eligibility requirements for a cellphone, as outlined above, a stipend may be requested in writing through the employee's department director.
2. Once approved, the stipend amount will be added to the employee's regular pay. In order to meet IRS guidelines, any amount added for cellphone service will be identified as a taxable benefit.
3. The stipend will be paid as a flat rate per month, based on the selected service as outlined below. The city will pay only the agreed upon amount.
4. The stipend allowance is neither permanent nor guaranteed. The city reserves the right to remove a participant from this plan or cancel the stipend for business reasons.
5. The amount of the stipend will be determined based on the type of plan required of the employee's position to perform the employee's job responsibilities. A tiered model based on the current market rates includes the following options:
a. Tier 1: Seventy five dollars ($75.00) per month voice and data (moderate to high use and/or high use of data).
b. Tier 2: Fifty five dollars ($55.00) per month voice (moderate to high use or minimal data).
c. Tier 3: Thirty dollars ($30.00) per month voice (low to moderate use).
6. If an employee's job duties do not include the need for a cellphone, the employee is not eligible for a cellphone stipend.
C. Equipment Purchase:
1. The city will not pay for the purchase of personal cellphones, activation or termination fees or insurance.
D. Oversight, Approval And Funding:
1. Department directors are responsible for identifying employees who hold positions that include the need for a cellphone. Each department director is strongly encouraged to review whether a cellular device is necessary, and to select alternative means of communication, e.g., land lines, mobile radios, or pagers, when such alternatives would provide adequate and less costly service to the city.
2. The department director is responsible for overseeing employee cellphone needs and assessing each employee's continued need for a cellphone for business purposes. The need for a cellphone stipend should be reviewed annually to determine if existing cellphone stipends should be continued, modified, or discontinued.
3. The CAO shall have final approval authority.
4. Stipends are funded by the department submitting the request.
E. Employee Responsibilities:
1. The employee is responsible for purchasing a cellphone and establishing a service contract with the cellphone service provider of the employee's choice. The cellphone contract is in the name of the employee, who is solely responsible for all payments to the service provider.
2. The employee shall make the employee's personal cellphone number available to city staff and shall carry the telephone and receive city calls thereon in the same manner and to the same extent as would be expected for a city issued cellphone.
3. Because the cellphone is owned personally by the employee, the employee may use the phone for both business and personal purposes, as needed. The employee may, at the employee's expense, add extra services or equipment features, as desired. If there are problems with service, the employee is expected to work directly with the carrier for resolution.
4. Support from the city's information technology (IT) division is limited to connecting a personally owned PDA/smartphone to city provided services, including e-mail, calendar, and contacts.
5. An employee receiving a stipend shall provide a copy of the employee's cellular billing statement within a reasonable time upon request.
6. If the employee terminates the wireless contract at any point, the employee must notify the employee's supervisor within five (5) business days.
7. Any cellphone that has data capabilities must be secured based on current security standards including password protection and encryption. If a cellphone with data capabilities is stolen or missing, it must be reported to the employee's supervisor, the wireless device service provider, and to IT as soon as possible.
8. Employees are expected to delete all city data from the cellphone when their employment with the city is severed, except when required to maintain that data in compliance with a "litigation hold" notice.
9. Given that cellphones and smartphones may be storing and transferring city records and data, all Ogden City records and computer use policies are applicable and will be enforced, including, but not limited to, personnel policies 1-13, "Nondisclosure", and 7-11, "Use Of Electronic Communications And Mail Systems", of the Ogden City personnel manual; title 5, administrative policies 1430, "Software And Electronic Data", and 1450, "Computer And Telecommunications Hardware And Physical Security", of this manual, as amended.
F. City Owned Cellphones:
1. The city may own and retain a limited number of cellphones for emergency, disaster recovery, and other business purposes, including wireless devices assigned to a city function and rotated among on call or on duty positions in the police, fire, management services and public services departments.
2. Department cellphone equipment shall comply with title 5, administrative policy 1420, "Wireless Devices Acquisition And Usage", of this manual, as amended.
G. Cancellation:
1. Any stipend agreement will immediately be canceled if:
a. An employee receiving a cellphone stipend terminates employment with the city.
b. The employee changes position within the city and no longer requires the use of a cellphone for business reasons.
c. There is misuse/misconduct with the phone.
d. A decision by management (unrelated to employee misconduct) results in the need to end the program or there is a change in the employee's duties. (Eff. 7-1-2013)