Policy Reference
| Category | City Personnel Policies | |||
| Approval Date | January 1, 2011 | |||
| Scope | This policy will be applicable to all City employees - full-time, part-time, and temporary - as well as elected officials. | |||
Purpose
The very nature of City operations often necessitates the need for employees to have voice and/or data communications through a portable device. Employees that perform functions away from an assigned desk or work area such as public safety operations , building and engineering inspections, oversight of construction projects, and attendance at meetings must be able to communicate with the office, other employees, suppliers, consultants, and constituents in a convenient and efficient matter. To facilitate this, many employees are provided a Portable Communication Device such as a cell phone or smart phone. The purpose of this policy is to establish guidelines for the provision and use of Portable Communication Devices for City business that will insure that the operational needs of the City are met while maintaining consistent City policies and procedures, and general organizational ethics and values.
Policy
"Portable Communication Devices" - For purposes of this policy, Portable Communication Devices are defined as cellular, mobile, and/or smart telephones and related equipment (such as blue tooth hands-free communication devices); multi-functional data and voice devices (such as Blackberries, Palms and I-phones); push-to-talk cellular and mobile handsets; and other wireless cellular or mobile voice or data communication devices (including laptop or tablet computer equipped with a cellular or mobile "air card'). This definition shall not include limited function pagers, personal digital assistants (PDA's) or laptop or tablet computers, which are not equipped with a cellular or mobile "air card".
Demonstrated Business Need for Use of a Portable Communication Device
City departments should limit the use of Portable Communication Devices to those employees who have a demonstrated business need for such a device. The following criteria should be used to determine whether an employee is eligible for a Portable Communication Device.
* Lack of a Fixed Location - The employee's job duties and responsibilities are such that they are not working at a fixed location the majority of the time or they are away from their assigned desk or department for a majority of the work day, and the employee cannot be reached or able to communicate with others through more economical means.
- On-Call Requirements - The employee is required to be on-call for City related business outside of normal business hours, and the employee cannot be reached or able to communicate with others through more economical means.
- "Immediate Communication" - The employee's job duties and responsibilities are such that it is important that the employee be able to communicate with the City and/or others immediately and more economical means are not available.
- "Extensive Travel Beyond the City" - The employee's job duties and responsibilities are such that the employee is required to travel frequently and for prolonged periods of time outside of the City of Lee's Summit, and the employee needs to stay in contact with the office and/or others and more economical means are not available.
- "Personal Safety" - The employee's job duties and responsibilities are such that they need a Portable Communication Device for their safety or the safety of others that they may come into contact with in the course of their duties and more economical means are not available.
Provision of Portable Communication Devices
Employees with a demonstrated business need may be provided with a Portable Communication Device by the City to assist with voice and/or data Communication while performing their assigned duties. Provision of a Portable Communication Device may be accomplished through one of two options - provision of a pool device to be used by an employee for the work period, or provision of a permanent device to be kept by the employee at all times. Employees may also be provided with an allowance by the City for the use of their own personal Portable Communication Device. The most appropriate option should be based on the criteria for the demonstrated business need as outlined above.
* Pool Portable Communication Device - In certain circumstances, an employee may be issued a shared or "pool" device for a specific period of time such as a work shift or an assigned on-call duty. The device will be checked out by the employee from their department at the beginning of the specified time period and then returned to the department and checked in at the completion of the specified time period. It is expected that the employee will utilize the device in the performance of their duties and will answer calls when it is reasonable and safe to do so. The device is the property of the City and it is expected that the employee will take care of the device and return it in a like condition in which it was received.
Personal calls on such a device are permitted, but should be kept to a minimum. It is expected that departments using this option will from time to time monitor usage of the device, and if in so doing determine that personal usage is beyond a minimal amount or resulting in additional charges take necessary corrective action.
It should also be understood by the employee that because the device is public property, there should be no expectation of privacy on the part of the employee in the use of the device and any transmissions with the device, whether voice or data, are subject to the open records law of the State of Missouri.
Departments utilizing this option must also comply with all purchasing and procurement policies of the City in the selection of equipment and services, and should utilize City-wide contracts for such services whenever possible.
* Permanent Portable Communication Device - In certain circumstances, an employee may be issued a permanent Portable Communication Device when it is necessary for the employee to be contacted or communicate with others beyond normal business hours without a specified on call assignment, or because of the employee's responsibilities and duties it may be necessary to receive and/or transmit data or review schedules beyond normal business hours or when away from the office Employees utilizing this option must comply with all Information Technology Services policies and procedures in the selection and utilization of equipment and services.
This device will be assigned to the employee for the duration of the employee's tenure with the City, or until such time as it is determined that the employee is no longer in need of the device. It is expected that the device will be in the possession of the employee at all times, and that the employee will answer incoming calls and/or e-mails when it is reasonable and safe to do so. The device is the property of the City and it is expected that the employee will take care of the device and return it in a like condition in which it was received.
Personal usage of this device is acceptable so long as it is reasonable and does not result in any additional charges.
It should also be understood by the employee that because the device is public property, there should be no expectation of privacy on the part of the employee in the use of the device and any transmissions with the device, whether voice or data, are subject to the open records law of the State of Missouri.
- Portable Communication Device Allowance - In certain circumstances an employee may be granted a pre-established allowance through payroll for the business use of their personal Portable Communication Device. The allowance must be approved by the Department Director, or his/her designee, and an Authorization Form for Provision of a Portable Communication Device must be submitted to the Human Resources Department for proper accounting of the allowance in the payroll system. The employee must provide the number of the device to the Department.
The Portable Communication Device will be obtained and paid for by the employee, and remain the personal property of the employee. The City will not reimburse the employee for the purchase, repair or replacement of the device; nor any accessories for the device such as, but not limited to holsters, chargers, or blue tooth devices. The account and service for the device will be registered in the employee's name and billed to the employee's home address. The employee is responsible for the entire cost of the service.
Departments may require an employee receiving an allowance to utilize a particular service provider or carrier in order to maintain established business practices or perform required job functions.
The allowance is not meant to pay for the use of a personal Portable Communication Device in full, but rather to offset the usage that may be related to City business. The allowance will be $35 per month. The monthly service plan charge for the employee's Personal Communication Device should be equal to or exceed the monthly allowance. An employee that utilizes the allowance option will be required to provide a copy of their billing statement or service contract when establishing the allowance option. The employee may be required to provide copies of their monthly billing statements from time to time to verify their plan. An employee may receive a special allowance amount to offset the cost for minutes used or special features of the device that are required for the employee to perform a necessary function. Approval for a special allowance will be required by the Department Director and the City Manager.
The allowance will be included in the employee's wages and is subject to taxation in accordance with applicable sections of the Internal Revenue Service Code and state statutes. Allowances will not constitute an increase to base pay, or other items that are factored in base pay. Allowances will be for the current month's service.
The allowance will continue until such time as it is determined that the employee no longer has a demonstrated business need for a Portable Communication Device.
Annual Review to Determine Continued Business Need for Portable Communication Device
Departments will be required to perform an annual review of all employees who are either issued a Portable Communication Device or an allowance for a Portable Communication Device to determine if the demonstrated business need still exists. Changes will be made in accordance with this review and proper notification be provided to the City Manager, Information Technology Services, and Human Resources.
Reimbursement for Infrequent Business Related Calls
On occasions an employee who does not have a demonstrated business need for a Portable Communication Device may be required to make a business related call on their personal communication device phone. The City will reimburse the employee for this cost when presented with the billing statement evidencing the call. If the statement does not show the actual cost for the call, then a cost will be determined based on the minutes and a standard rate per minute as determined by the Internal Revenue Service Code.
Safe and Proper Use of a Portable Communication Device
Regardless of whether an employee is provided with a pool or permanent Portable Communication Device, or whether an employee is provided with an allowance for the use of a personal Portable Communication Device, or an employee chooses to use their Personal Portable Communication Device, it is expected that the employee will use the device in a safe and proper manner at all times and in accordance with applicable laws.
Portable Communication Devices should never be used to receive or send obscene, objectionable, derogatory, inflammatory, or harassing communication either by voice or data. Toll numbers such as 1-900 numbers are strictly prohibited as well as internet access to obscene, objectionable, or otherwise improper material.
Prohibition of Personal Gain from Use of Portable Communication Device
Any use of a Portable Communication Device for personal, financial gain, or that may cost the City in either employee time or actual expense as determined by the Department Director is prohibited. Violation of this clause may be result in disciplinary action in accordance with City policies.
Compatibility with the Fair Labor Standards Act
Provision of a Portable Communication Device to an employee, especially if the business need involves an on-call requirement for the employee, may trigger certain provisions of the Fair Labor Standards Act, and provisions of the City's overtime policy. For this reason, the department director should confer with the Human Resources Department when providing an employee with a Portable Communication Device.