(A) Policy.
(1) Eligible employees, as defined in division (B) below, may receive a cell phone stipend from the county for business-related costs incurred when using their personal cell phones.
(2) Except for a limited number of positions, the county will not own cell phones for the use of individual employees.
(B) Eligibility. An employee may be eligible for the stipend if at least one of the following criteria is met, as determined by the employee’s department head or elected official:
(1) Employee frequently uses cell phone for work related purposes;
(2) The job function of the employee requires him or her to have wireless data and internet access while away from the office; and/or
(3) The employee is designated as a first responder to emergencies.
(C) Oversight, approval and funding.
(1) Department heads/elected officials are responsible for determining employee cell phone needs and assessing continued eligibility for the cell phone stipend by setting stipend amount of either $20 or $50.
(2) The County Administrator is responsible for approving eligible employees.
(3) Once approved, the employee will be eligible to receive the stipend automatically each month.
(4) Stipends are funded by the eligible employee’s department.
(D) Employees rights and responsibilities. Employee rights and responsibilities are as follows:
(1) The eligible employee is responsible for purchasing a cell phone and establishing and maintaining service with the cell phone service provider of his or her choice. The cell phone contract is in the name of the eligible employee, who is solely responsible for all payments to the service provider;
(2) To the extent allowed by law, the stipend provided is not considered taxable income;
(3) Comply with all federal, state and local laws regarding record retention (e.g. GRAMA requirements) as well as county policy, including those pertaining to data security acceptable use and e-mail;
(4) The eligible employee can use the phone for both business and personal purposes, as needed;
(5) If the employee terminates their cell phone service plan at any point, he or she must notify his or her supervisor within five business days to terminate the stipend;
(6) The county does not accept any liability for claims, charges or disputes between the cell phone service provider and the eligible employee; and
(7) Employee must delete all county data from the cell phone when employment with county is severed, except when required to maintain the data in compliance with a litigation hold notice.
(E) Cancellation or reduction of cell phone stipend. Any stipend will immediately cease or be reduced if:
(1) An employee’s employment with the county terminates;
(2) An employee is no longer eligible for the stipend;
(3) The eligible employee no longer has a cell phone or cell phone service plan;
(4) The county decides to eliminate or reduce the stipend or the eligible employee’s department head or elected official determines to reduce the amount of the stipend; or
(5) The eligible employee uses the cell phone in any manner contrary to local, state, or federal laws or county policy.
(F) County-owned cell phones. Executive administrative staff and elected official may choose to have a county-owned cell phone issued to them, instead of receiving a stipend.
(1) County-owned cell phones are intended to be used for county business only, usage is subject to review by [reserved].
(2) County-owned cell phones will only be upgraded/replaced at county expense once every three years. If the county owned cell phone is lost/broken prior to the three-year replacement, employee/elected official will be responsible for the cost of the replacement.
(Ord. 2021-09, passed 9-21-2021)