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3. RETENTION PROCESS:
1) Active Employee Email
a) Except as otherwise provide in this policy, all City email that is seven years or older will be deleted (pruned) automatically in an ongoing, continuous process from the City’s email system as part of general maintenance (unless the employee is under a current litigation hold).
b) Employees who have sent or received emails containing information fitting within the Administrative correspondence or Executive correspondence categories shown in Exhibit A are responsible to save the necessary information to the appropriate document management system. Emails saved in the appropriate document management system are subject to the City’s retention schedule.
2) Terminated Employee Email:
a) The emails of terminated employees will be deleted seven years after the employee’s separation from the City.
b) This policy will not apply if the user account is part of ongoing City litigation.
3) Capstone Employees: Appointed Employees, Elected Officials, Attorneys and Department Directors Email
a) Emails sent from or received by users in this category will generally be retained for seven years; however, an email will be retained permanently if it contains executive correspondence described in the following definitions:
i) Policy: Establishes and disseminates City programs, policies, or procedures.
ii) Historical: Pertains to historical or significant events citywide or captures a historical record.
iii) Legal: Contains legal or evidentiary information required by law to be retained for more than seven years, has value in prosecution of a claim, has value for legal research, advice, opinions, or position purposes, is subject to a litigation hold, or relates to an internal investigation.
iv) Substantive Senior Management: Documents actions by City management if the email helps a department to perform its primary functions.
v) Financial: Relates to the financial transactions of the City or is required for financial reporting or audits.
vi) Regulatory: Satisfies regulations of City departments or other agencies (e.g., human resources, HIPAA, facilities, OSHA, and Finance Sarbanes-Oxley.) The departments may determine the email category designations.
vii Operational: Contains information critical to maintaining operational continuity after a disruption or disaster.
b) Actively identifying and categorizing the topics for permanent retention will permit the email accounts of these users to be properly pruned before being sent to the Utah State Archives. (For example, emails on the topic of the demolition ordinance; emails on the topic of bonds. Permanent retention is limited to executive correspondence and not to transitory or administrative emails also sent on those topics.)
4. ENFORCEMENT:
This policy applies to all employees, vendors, and partners who are assigned (or given access to) a City email account. It applies to email accounts assigned to an individual (e.g., employeename@slcgov.com) or department (e.g. departmentname@slcgov.com) or group working together on a single project (e.g., temporaryshelter@slcgov.com).
All City employees must fully comply with this policy. If an employee believes, or if the City informs an employee, that emails are relevant to litigation or potential litigation (i.e. a dispute that could result in litigation), then the employee must preserve the emails until notified in writing by the City Attorney’s Office that the emails are no longer needed. Litigation holds supersede established destruction schedule for emails. An employee who believes that an exception may apply or has any questions regarding the possible applicability of this exception should contact the City Attorney’s Office.
Annually, the IMS department will send out during Open Enrollment a reminder to employees to clean and organize their email inbox. Employees should actively prune (delete) emails. The seven-year retention period applies to all content in an email account – including folders and subfolders.
Failure by City employees to follow this policy with intention to circumvent may result in possible civil and/or criminal sanctions against the City and its employees and possible disciplinary action up to and including termination of employment.
Exhibit A
Retention Schedule Table
Retention Schedule Table
Email Type | Definition | Example | Retention Period |
Transitory Correspondence
| Incoming and outgoing email correspondence unrelated to City business or related to matters of short-term interest. Correspondence between individuals, departments, or external parties containing no final contractual, financial, or policy information. This correspondence does not impact City functions.
| Messages such as “Let’s meet for lunch” or “Did you see the game last night” or “Would you please add this person to the list.”.
| Temporary Retention Retain until resolution of the issue and then destroy. |
Administrative Correspondence
| Incoming and outgoing business-related correspondence created in the course of administering City functions or programs. It includes administrative correspondence documenting work accomplished, transactions made, or actions taken. This correspondence documents the implementation of City functions or policies rather than the creation of functions or policies.
| Messages such as “Did you complete that report last night” are business related but do not affect City policy or change business practices.
| Temporary Retention Delete under the seven-year retention guidelines. |
Executive Correspondence | Incoming and outgoing business-related correspondence that provides unique information relating to functions, policies, procedures, or programs. These records document the City’s history and executive decisions made regarding City interests. | Messages discussing changes in City policy or interactions and/or discipline of an employee are considered both executive and confidential. | Permanent retention is an option for department director/appointed employee/elected official/attorney emails Those persons should identify particular classes or subjects of their emails that should be retained permanently Executive Correspondence. (That identification can be done in the email program or in a separate document.) |
Approved by Mayor Mendenhall, October 18, 2021
2019 Compilation - Policy (Formerly section 4.01.06)
A. Purpose: This chapter sets forth standards for the City to ensure consistency in the way cell phones and calling plans are administered.
B. Scope:
1. Use Encouraged: The City recognizes the value of cell phones in conducting City business and encourages the appropriate deployment of cell phones to employees where this can provide greater efficiency and effectiveness, a higher level of customer service, or where employees are required to be available on a 7/24 basis.
2. Plan Administration: The following sets forth a standard for the City to ensure consistency in the way cell phones and calling plans are administered. It further ensures that the departments are in compliance with Internal Revenue Service rules and regulations associated with employee cell phone usage.
C. Responsibilities:
1. Employees: Employees are responsible and accountable for the appropriate use of City owned cell phones as outlined in the City Cell Phone Procedure, section 52-13C-2 of this article.
2. Directors: Department and Division Directors are responsible and accountable for determining those employees to be assigned a City-owned cell phone.
D. Privacy:
1. None Expected: There can be no expectation of privacy related to the use of a City cell phone. Except in certain situations, City Policy, article D of this chapter, does not allow recording of telephone conversations. However, all call records, logs and any other information associated with the use of a City-owned cell phone is the property of the City.
2. Electronic Communications Policy Applicable: Text messages, e-mail messages or any other electronic communications sent or received on a City-owned cell phone are subject to the City's Electronic Communications Policy, article B of this chapter, and the associated procedure.
E. Personal Use: Except for de minimus personal use, City owned cell phones must be used for City business only.
F. IRS Regulations:
1. Employee Reporting: IRS regulations require employees with a City-owned cell phone to report as taxable income the fair market value of the phone, the value of the calling plan and the value of individual phone calls. The City is required to comply with all applicable IRS regulations.
2. Administration: The City Cell Phone Procedure, section 52-13C-2 of this article, will be used to administer this requirement.
G. Procurement And Disposal:
1. Procurement: Procurement of cell phones is to be administered in accordance to the City Cell Phone Procedure, section 52-13C-2 of this article.
2. Calling Plans: Cell phone calling plans must be administered in accordance with the City Cell Phone Procedure, section 52-13C-2 of this article.
3. Sale To Separated Employee: In the event of an employee's separation from the City and in accordance with the City's Cell Phone Procedure, section 52-13C-2 of this article, Department/Division Directors may authorize the sale of a City owned cell phone to the employee to whom it was assigned.
4. Disposal: Cell phones that are no longer needed or are no longer serviceable must be disposed of in accordance with the City Cell Phone Procedure, section 52-13C-2(7) of this article.
H. Appropriate Use:
1. Required: Cell phones may be used to conduct City business. The rules surrounding the use of City-owned cell phones in the conduct of City business are the same as for a traditional desk phone.
2. Operating Motor Vehicle: Use of a City- owned cell phone while operating any motorized vehicle is prohibited. This includes talking on the phone, sending text messages, or in the case of smart phones, e-mailing, web browsing, and any other use of the device that distracts the operator's attention. (2019 Compilation-Revised 2023)
A. Purpose: This article outlines the rules and expectations associated with the use of City-owned cell phones and cell phones plan reimbursements.
B. Scope: The City recognizes the value of cell phones in conducting City business and encourages the appropriate deployment of cell phones to employees where this can provide greater efficiency and effectiveness, a higher level of customer service or where employees are required to be available on a 7/24 basis.
C. Privacy:
1. No Expectation: Employees are not entitled to any expectation of privacy associated with the use of any of a City-owned cell phone. Except for certain situations, the City does not record telephone conversations. These exceptions are noted in City Policy Monitoring of Radio and Telephone Conversations, article D of this chapter.
2. Applicability: All electronic communications related to City business sent or received are subject to the City's Electronic Communications Policy and Procedure.
D. Standards Of Conduct:
1. Appropriate Conduct: Employees are reminded of the requirement to conduct themselves appropriately in all conversations related to City business as outlined in the Employee Standards of Conduct Policy, title 51, chapter 6 of this Manual.
2. Respect: Employees are required to be respectful of individuals and groups in their communications and conversations related to City business.
3. Unprofessional Language Prohibited: Use of profane, vulgar, inflammatory, disrespectful or derogatory language is unprofessional and is not appropriate in any conversation related to City business.
E. Assignment Of Cell Phones:
1. Specified: Department Directors, Division Directors and employees with specific responsibilities in times of emergency are to be issued a City-owned cell phone. Department and Division Directors may, at their discretion and at the expense of their department, provide a City-owned cell phone to any employee.
2. Availability Of Employees: Department and Division Directors may, at their discretion, require employees issued City owned cell phone to be available and answer those phones at all times.
3. Appointment Of Responsible Person: Department Directors must appoint a person in their department to be responsible for administering cell phones for their department. This person will be responsible for the following:
a. Issuance of and tracking of City owned cell phones assigned to employees. With the Department or Division Director's approval, employees may be issued a City owned cell phone. This includes upgrades and disposal of existing phones.
b. Procurement and set up of new phones. Departments must select a set of authorized phones based on the department's specific business needs. Employees requesting a phone not on the authorized list must purchase the phone directly and receive a cell phone allowance as provided for in subsection G3 of this section.
c. Processing invoices from service providers for cell phone and data services.
d. Conducting spot audits of cell phone bills to ensure compliance with the Cell Phone Policy and Procedures and that personal usage is in line with department policy.
4. Directors Responsible For Determining: Department Directors are responsible for determining those employees within their departments for whom the assignment of a City owned cell phone would benefit the City Suggested criteria to be considered are:
a. The employee is deployed to the field for the majority of their work day and there is a need for supervisors and managers to be able to contact these employees regularly.
b. The employee fills a key role in the department or, as part of the employee's regular duties, needs to be reachable during off duty hours to maintain a level of service needed by the department.
c. The employee has specific responsibilities that require them to be reachable in the event of an emergency.
However, Department and Division Directors may, at their discretion and at their department's expense, assign a City owned cell phone to any employee.
F. Procurement, Upgrade And Disposal Of Cell Phones:
1. Service Agreements: Departments must work directly with the vendor of their choice when determining a cell phone carrier. The following vendors are recognized and have State contracts in place:
a. ATT/Cricket;
b. SprintNexTel;
c. T-Mobile;
d. Verizon;
e. Discountcell.
2. Pooled Minutes: The major cell phone service providers offer a program that will allow the departments to purchase blocks of cell phone minutes and share them among their cell phone users. Departments must work directly with their chosen service provider to set up a pooled minutes plan for their cell phone service.
3. Data Plans: The ability to send and receive e-mail and text messages and to access the internet on a cell phone is recognized as a way for the City to be more efficient in its operations. Departments must closely monitor each employees' data plan to ensure the employee has the appropriate data plan for their needs.
4. Standardization: Each department will have differing requirements for their cell phones. Departments are encouraged to standardize on three or four phone models that fit their business requirements. This will help minimize support and administration costs.
5. Purchase: Cell phones must be purchased in accordance with procurement policies, procedures and rules.
6. Upgrades: Upgrades to existing cell phones may be done in accordance with the terms of the service provider's contract or if the phone is nonfunctional.
7. Disposal Of Cell Phones: Cell phones contain materials hazardous to the environment and must be properly disposed of and properly erased or records retained. Additionally, cell phones may contain sensitive or private information, such as contact information containing names, addresses, and phone numbers of employees and others.
a. Trade In: Departments may opt to trade used phones in for fair market value. Before trade in, the phones must be cleared of all data by IMS or the vendor must provide certification that all phones are properly erased before resale.
b. Destroyed: Phones that are no longer functional must be returned to IMS to ensure that the devices are properly erased and the device disposed of in an environmentally friendly way.
c. Auction: All phones to be sent to auction must be sent to IMS to ensure that the devices are properly erased before disposition at public auction.
8. Aircards: In order to maintain the security of the network, certain software must be installed and specific system configuration must be performed on a computer using an aircard. Therefore, all aircards must be administered through IMS or Airport's IT Division. This includes the procurement, activation, installation and support of the hardware and software required.
G. Reimbursements:
1. Taxable Benefit: IRS Rules and Regulations require that a City owned cell phone assigned to an employee be treated as a taxable fringe benefit in some situations.
2. City Owned Cell Phone Used for City Business: The City purchased the cell phone and pays an associated monthly service fee. The City owned cell phone is assigned to an employee and the employee is required, as part of their responsibilities, to be accessible at all times. Employees are allowed de minimus personal use of City owned cell phones under this scenario.
a. Except for de minimus personal use, employees must demonstrate that the City owned cell phone is used for City business only.
b. Departments must develop a standard for de minimus personal use for their work groups. There is no charge and the use of a City owned cell phone is not taxable to the employees unless their usage exceeds the de minimus personal use standard.
c. In the event the employee's personal usage exceed the de minimus personal use standard for the department, the employee will be required to reimburse the City through a payroll deduction of approximately 25 percent of the monthly cost of service.
(1) For City owned cell phones with voice service only, employees will have a payroll deduction of $3.70 per pay period.
(2) For City owned cell phones with voice and data plans, employees will have a payroll deduction of $6.00 per pay period.
3. Employee Owned Cell Phone Used For City Business: The employee purchases the cell phone and pays the associated monthly charges. The employee and the City agree that the cell phone will be used for City business.
a. The Department or Division Director may, at their discretion, approve the use of a cell phone owned by the employee for City business and reimburse the employee for a reasonable amount of the associated costs.
b. Department and Division Directors may, at their discretion, reimburse employees for the costs associated with the use of a personal cell phone for City business. Reimbursement will be done through a taxable payroll allowance.
(1) For personal cell phones used for City business with voice service only, employees may be reimbursed up to $21.50 per pay period.
(2) For personal cell phones used for City business with voice and data service, employees may be reimbursed up to $38.50 per pay period.
(3) For optional personal cell phones use for digital access to Human Resources Communications, Time Keeping and other opportunities associated with Workday only, employees may be reimbursed $6.00 per pay period. This would only apply to employees who are not issued a computer or other digital device associated with their job duties. Digital devices which are used for task specific purposes would not disqualify a person from this benefit. Hourly and part-time employees are also eligible. (Effective February 1, 2023)
H. Attachments:
ATTACHMENT 1
AUTHORIZATION FOR PAYROLL DEDUCTION
PERSONAL CELL PHONE USE
AUTHORIZATION FOR PAYROLL DEDUCTION
PERSONAL CELL PHONE USE
Employee Name:
Employee ID: Department:
In accordance with the City's Cell Phone Policy and Procedures, the undersigned authorizes a payroll deduction for the following:
Reimbursement for personal use of City owned cell phone - Voice and text messages only.
$3.70 per pay period.
Reimbursement for personal use of City owned cell phone - voice, text messages, and e-mail or internet access.
$6.00 per pay period.
Effective Date:
Employee Signature Date:
ATTACHMENT 2
REQUEST FOR CELL PHONE ALLOWANCE
PERSONAL CELL PHONE USE
REQUEST FOR CELL PHONE ALLOWANCE
PERSONAL CELL PHONE USE
Employee Name:
Employee ID: Department:
In accordance with the City's Cell Phone Policy and Procedures, the undersigned requests a payroll allowance for the following:
Allowance for City use of personal cell phone – digital access to Human Resources Communications, Time Keeping and other opportunities associated with Workday only, employees may be reimbursed $6.00 per pay period.
Allowance for City use of personal cell phone - voice and text messages only.
$21.50 per pay period.
Allowance for City use of personal cell phone - voice, text messages, and e-mail or internet access.
$38.50 per pay period.
Effective Date:
Employee Signature Date:
Department Director Date:
(2019 Compilation- Revised 2023)
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