08-26-2024 CC Agenda Packet - Laserfiche WebLink

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Page 66 of 150 Electronic mobile devises are intended for the use of city staff, elected officials and appointed officials in the conduct of their work for the city. Supervisors are responsible for the Electronic mobile devises assigned to their employees and will exercise discretion in their use. Nothing in this policy will limit supervisor discretion to allow reasonable and prudent personal use of such telephones or equipment provided that: • Its use in no way limits the conduct of work of the employee or other employees. • Use of public resources for personal gain and/or private use including, but not limited to, outside employment or political campaign purposes, is prohibited and subject to disciplinary action which may include termination and/or criminal prosecution, depending on the circumstances. Incidental and occasional personal use may be permitted with the consent of the supervisor. • Personal calls and communications will be made or received only when absolutely necessary during work hours. Such calls must not interfere with working operations and are to be completed as quickly as possible. • Use While Operating a Motor Vehicle or Equipment. All employees are expected to follow applicable local, state, and federal laws and regulations regarding the use of cellphones and electronic mobile devises at all times. See City Driving Policy, chapter 20. • In cases where the city does not regard accounting for personal calls to be unreasonable or administratively impractical due to the minimal cost involved, personal calls made by employees on a city-provided cellular phone must be paid for by the employee through reimbursement to the city based on actual cost listed on the city’s phone bill. Section 21.13 Cell Phone Monthly Allowance Election. Employees designated to receive a cell phone may elect to receive a monthly cell phone allowance in lieu of a City-owned cell phone. Initial purchase of the cell phone, accessory equipment, and activation fees will be the responsibility of the employee. The employee will pay all costs exceeding the amount of the cell phone allowance. The cell phone allowance amount is set by the city council. Employees receiving an allowance, in lieu of a City-owned cell phone are responsible for the following: • Procuring and maintaining cellular service from a reliable carrier who provides phone numbers in the local calling area of Orono. • Providing documentation in a manner prescribed by the Finance Director to activate and maintain monthly allowance payments. • Notifying the City within five (5) business days of the cellular service being disconnected or phone number being changed. • Limiting personal calls, incoming and outgoing, during work hours so as not to interfere with City business or the performance of the employee’s job. • Replacement or repair of the phone. No allowance will be paid when an employee is in a leave status exceeding forty-five (45) days, unless approved by the City. Administrator. No allowance will be paid when an employee is in an unpaid leave status. Regardless of who pays the bill, cell phone records about city business are subject to the Minnesota Government Data Practices Act. What this means is that if a request were received, the city would be under the obligation to determine what information is public data and what information is private data and would need access to the employee’s phone records and possibly the phone itself in order to provide the data that is being requested. Therefore, the best practice is to limit usage of personal cell phones for city business to that which is truly necessary or be prepared to produce your cell phone and the associated records if needed. Section 21.14 Procedures 125