§ 34.03 CELL PHONE AND ELECTRONIC DEVICE POLICY.
   (A)   Personal cell phones. While at work, employees are expected to exercise discretion in using personal cell phones. Excessive personal calls during the workday can interfere with employee productivity and be distracting to others. Employees are encouraged to make any personal calls during non-work time when possible and to ensure that friends and family are aware of the Town of Otterbein's policy on personal cell phone use.
      (1)   Under no circumstances should government business take place on personal devices.
      (2)   Employees shall be prohibited from giving contractors, vendors, or members of the general public their personal number to contact regarding work-related matters.
   (B)   Town-provided cell phones. The Town of Otterbein provides cell phones to certain employees whose positions require constant contact with the public outside of regular business hours, or whose offices no longer have landlines.
      (1)   User agreement. All employees who are issued a cell phone will be required to sign a cell phone user agreement form. Completed forms will be filed with the Clerk-Treasurer in the employee's personnel files.
   (C)   Usage of town-provided cell phones. Town-issued cell phones may only be used for governmental purposes related to the position description or duties of the assigned individual. Cell phones remain the property of the Town of Otterbein and are subject to confiscation, search, or monitoring by town administration.
      (1)   The downloading or use of applications unrelated to their duties (e.g. games, social media, alternative messaging applications, etc.) is prohibited.
      (2)   The downloading or use of encrypted messaging apps (e.g. Telegram, WeChat, Signal, WhatsApp, etc.) is prohibited.
      (3)   Employees may not delete text messages, internet search history, calls, or other communications at any time.
   (D)   Phone use while driving. An employee who uses a government-supplied device or a government-supplied vehicle is prohibited from using a cell phone or similar device while driving, whether the business conducted is personal or government-related. The use of hands-free devices is permitted. This prohibition includes receiving or placing calls, text messages, internet browsing, receiving or responding to email, checking for phone messages, or any other purpose related to your employment, the government agency/unit, our citizens, our vendors, volunteer activities, meetings, or civil responsibilities performed for or attended in the name of the town, or any other town or personally related activity not named here while driving.
   (E)   Returning devices. Upon termination of employment with the Town of Otterbein, it shall be the responsibility of the employee to whom a cell phone is assigned to return said phone to the Town Administrator or Clerk-Treasurer prior to their last date of employment.
      (1)   Elected officials shall return government issued devices to the Town Administrator or Clerk-Treasurer before their last day of office.
      (2)   If an employee or former employee fails to return government issued equipment, the Clerk- Treasurer is authorized to deduct the cost of replacing the equipment from their pay, and/or bring legal action against the individual.
   (F)   Violation. Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment. Violations of this section shall be considered a minor infraction unless imminent danger or reckless actions requires stricter enforcement.
(Res. 2022-0421B, passed 4-21-2022)