This policy outlines the use of personal cell phones, pagers and other monitoring devices at work, the personal use of business cell phones/pagers, and the use of cell phones/pagers while traveling.
(A) Personal cellular phones/pagers. While at work, an employee is expected to exercise the same discretion in using personal cellular phones/pagers as is expected for the use of company phones. Excessive personal phone calls during the workday, regardless of the phone used, can interfere with employee productivity and be distracting to others. A reasonable standard the court encourages is to limit personal calls during work time to an as-needed basis. Employees are therefore asked to make any other personal calls on nonwork time where possible and to ensure that friends and family members are aware of the court’s policy. Flexibility may be provided in circumstances demanding immediate attention. The court will not be liable for loss of or damage to personal cellular phones/pagers brought into the workplace.
(B) Camera phone or other monitoring devices. Use of cameras, camera feature on cellular phones or any other monitoring devices is prohibited in the workplace. Employees with this type of phone may use the telephone features of this equipment as per the guidelines listed in division (A) above; however, any use of the camera feature is grounds for disciplinary action up to and including termination of employment. Any other type of monitoring device is strictly prohibited in the workplace.
(C) Personal use of court-provided cellular phones/pagers.
(1) The court may issue a business cell phone/pager for work-related communications. To protect employees from incurring a tax liability for the personal use of this equipment, the court encourages employees to use these tools for business reasons only.
(2) However, the court recognizes that there may be times that employees use the phone/pager for intermittent personal use. Employees are responsible for reviewing the itemized bill for their court- issued account each month and reimbursing the court at the established rate for all personal calls that exceed the monthly plan limits. Payments shall be made monthly to the Treasurer.
(3) Cellular phones/pagers remain the property of the court and as such, the equipment cannot be used for any purpose that contravenes law, public policy or court policy. Examples of prohibited behavior include but are not limited to harassing calls and calls made in furtherance of illegal activities.
(4) If employees are in possession of a court-issued cellular phone/pager, they are expected to protect the phone from loss, damage or theft. Upon resignation or termination of employment, or at any time upon request, employees may be asked to produce the phone/pager for return or inspection. If employees are unable to present the phone in good working condition within the time period requested, they will be expected to bear the cost of a replacement and be subject to disciplinary action up to and including termination of employment.
(5) Employees are also responsible for ensuring that their use of cellular phones gives consideration to the protection of the court’s non-physical assets. To protect against the misuse of the court-issued cellular phone account, employees are encouraged to activate key guards and to protect this telephone number from becoming known by inappropriate individuals. Because cellular telephone calls can be intercepted, employees are encouraged to use discretion when discussing court information over any personal or court-issued cellular phone.
(6) If a court-issued cellular phone is capable of accessing the internet, the employee is responsible for ensuring that any internet access on his or her account is for a valid business purpose and occurs only when a more economical alternative is not available within a time frame that meets his or her business need. When using the court-issued cellular phone for internet access, the employee remains responsible for the proper use thereof and for the physical and logical protection of the court’s assets, including the phone and the court’s information resources.
(D) Use of cellular phones while traveling.
(1) If an employee’s job responsibilities include regular or occasional driving or operating equipment or machinery, and he or she is issued a cell phone for business use, he or she is expected to refrain from using the phone while driving or operating equipment or machinery. Safety must come before all other concerns. Regardless of the circumstances, including slow or stopped traffic or slow or stopped equipment or machinery operation, employees are strongly encouraged to pull off to the side of the road and safely stop the vehicle before placing or accepting a call. If acceptance of a call is unavoidable and pulling over or stopping operation is not an option, employees are expected to keep the call short, use the hands-free option if available, refrain from discussion of complicated or emotional issues, and keep their eyes on the road and focused on safe equipment or machinery operation. Special care should be taken in situations where there is traffic, inclement weather or if employees are driving in an unfamiliar area.
(2) If an employee’s job responsibilities do not specifically include driving as an essential function, but he or she is issued a cell phone for business use, he or she is also expected to abide by the provisions above while driving or operating equipment or machinery. The court does not under any circumstances condone unsafe driving or unsafe operation of machinery.
(3) If an employee is charged with a traffic violation resulting from the use of a cellular phone while driving, he or she will be solely responsible for all liabilities that result from those actions.
(E) Taxation of personal use of county provided cell phone. Effective January 1, 2007, any personal use of employer provided electronic devices is taxable/reportable income. The value of the personal use will be determined and included in the wages of the employee.
(Order passed 1-11-2005; Am. Order 16, passed 9-12-2006)