(a) Provision of City-Owned Personal Communication Devices.
(1) The City will purchase, or otherwise provide under other contractual arrangements, personal communication devices for members of Council who request such devices under the provisions stated herein. Because of the very nature of the need for these devices, Council members should consider always having it on his or her person, with the exception of safety-related occasions and occasions where the equipment would be subjected to probable damage from water or other hazards or lost.
(2) The selection of specific rate plans will be made by the IT Department. Rate plans will be adjusted from time to time as business usage dictates and contracts allow. Rate plans will not be adjusted for the sole purpose of avoiding personal phone call charges.
(b) Acquisition of Personal Communication Devices.
(1) City Council members will follow the guidelines and procedures set forth by the IT Department for the purchase and general use of the personal communication device. If a Council member needs a City-issued personal communication device, an upgrade for an existing device, or other equipment, a written request should be submitted by the Council member to the IT Department.
(2) After receiving the request, the IT Department will arrange for the acquisition of an appropriate device through a vendor approved by the Department. IT Department personnel will be responsible for coordinating the billing, training, and technical support.
(3) Upon leaving office for any reason, a Council member who is issued a City-owned personal communication device shall return that device to the City's IT Department within three (3) business days of the expiration or termination of the Council member's tenure. Failure to return a City-owned personal communication device may result in the filing of criminal charges.
(c) Use of City-Provided Personal Communication Devices.
(1) The use of personal communication devices provided by the City shall be limited to official City business. The use of City-provided personal communication devices for personal calls is prohibited, except in cases of emergency. Under no circumstances are City-provided personal communication devices to be used for any private commercial enterprise in which the Council member may hold an interest.
(2) The City subscribes to a communications plan with specific services (data, minutes, etc.). The services provided in the plan are those which the City has deemed to be necessary in the performance of the Council members' official duties. The City may seek to recoup costs incurred when a member of Council uses a personal communication device for personal reasons or utilizes a service on the device that is not included in the plan. The City may require a reimbursement of plan overages on personal calls and any amount due for service not covered by the plan. It is the Council members' responsibility to know what services are available to them for the purpose of performing their official duties.
(3) Council members shall, by the acceptance of a City-issued personal communication device, confirm that they are responsible for adhering to the requirements of this section and any subsequent amendments.
(4) The City's IT Department shall have the right to implement any programs, apps, or tools for the administration, security, and protection of City-provided personal communication devices or other devices as it deems necessary. This includes City data, documents, or intellectual property of any kind. The City's IT Department shall also have the right to use GPS or location services for legitimate City purposes including circumstances where the device is lost, misplaced, or stolen.
(5) The City's IT Department shall have the right to "wipe" (remove all data and reset) any City-issued personal communication device. In the event of a lost, misplaced, or stolen personal communication device, or upon a Council member leaving his or her office, the City's IT Department shall perform a partial "wipe" (remove all data and reset) on the City-issued personal communication device.
(d) Stipend for Council Member-Owned Personal Communication Devices.
(1) A Council member may elect to receive a stipend in lieu of receiving a City-issued personal communication device. The monthly stipend shall be the same as that received by City employees and is taxable. The payment shall be made once each month. In no case shall the City be responsible for any payment to the Council member's service provider, and the Council member shall remain responsible for timely payment of his or her monthly service bill. In addition, the Council member shall remain solely responsible for buying, maintaining, insuring and, if necessary, replacing his or her own personal communication device.
(2) A Council member who elects to receive a stipend shall provide the City Clerk with the phone number of the personal communication device for which the stipend is being issued. It is expected that the Council member will receive email communications from the City network via the device. In addition, the IT Department may request the ability to protect City data, documents, or intellectual property on a Council member's personal device and/or the installation of a device management tool in exchange for the stipend.
(3) A personal communication device owned by a Council member for which a stipend is issued shall remain the property of the Council member; provided, however, that any records related to City business are public and the Council member shall provide, if requested, any public information stored on the device.
(4) Any Council member who receives a stipend under this section shall immediately report to the City's IT Department if his or her device is lost, misplaced, or stolen.
(5) Any Council member's stipend may be suspended or cancelled by the City's IT Department for any of the following reasons:
A. Service to the Council member's personal communication device is discontinued or disconnected for any reason;
B. The device is damaged beyond use, lost, or stolen and is not replaced in a timely manner;
C. The phone number associated with the device is changed and the City Clerk is not notified in a timely manner; or
D. The Council member removes any device management software installed by the City's IT Department or refuses the installation of such software.
(6) In cases of major emergencies, such as major weather events, or when an emergency is declared by the federal government, state government or City Manager, a Council member may incur a substantial increase in usage of his or personal communication device for which he or she receives a stipend. In such cases, the Council member may submit a written request, with supporting documentation, to the Finance Director requesting reimbursement of the overage calls and/or data usage that resulted from the use of the device for the Council member's official duties.
(e) Public Records. Council members are reminded that any emails, text messages or phone calls or other electronic communications, whether received or sent on a City-provided personal communication device or a Council member's own personal communication device, that meet the definition of a public record under ORC 149.43 must be retained in accordance with the records retention schedule for City Council.
(f) Violations. Violations of this section may be punished by censure, in accordance with the Rules of Council. Any violation that results in the loss of City-owned property, including any data or documents, may be punished under appropriate State law.
(g) Definitions. For the purposes of this section, the following definitions apply:
(1) "Council member" means a duly elected or appointed member of the City Council, including the Mayor, who is serving his or her current term of office.
(2) "IT Department" means the Information Technology Department of the City.
(3) "Personal Communication Device" means any cellular phone, smart phone, tablet, or other similar electronic device.
(Ord. 2021-23. Adopted 12/29/21)