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HomeMy WebLinkAboutOrdinances 19-04-393 - 04/22/2019 - Cell Phone PolicySTATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 19-04-393 AN ORDINANCE TO AMEND CHAPTER 2, ARTICLE VI, DIVISION 6 TO REVISE THE CITY'S CELL PHONE AND OTHER ELECTRONIC DEVICES POLICY The Council of the City of Milton hereby ordains, while in regularly called Council meeting on the 22nd day of April, 2019 at 6:00 p.m., as follows: WHEREAS , the City has adopted revisions to the Cell Phone and Other Electronic Devices Policy, codified at Chapter 2, Article VI, Division 6 of the City's Code of Ordinances; and, WHEREAS, the City desires to revise its Budgetary Policy to remove the Cell Phone Policy from the Code of Ordinances and allow it to exist as an administrative policy; NOW THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS as follows: 1. That Chapter 2, Article VI, Division 3 of The Code of the City of Milton, Georgia, is hereb y amended by incorporating the insertions and deletions shown in the document attached hereto and incorporated herein by reference as "Exhibit A." 2. That all Ordinances , parts of Ordinances , or regulations in conflict herewith are hereby repealed. 3. That this Ordinance shall become effective upon its adoption. SO ORDAINED this 22nd day of April 2019. Approved: Attest: EXHIBIT A CHAPTER 2, ARTICLE VI., DIVISION 6 . -CELL PHONES AND OTHER ELECTRONIC DEVICES Sec . 2-459 . -DefinitionsScope . The City of Milton will maintain a Cell Phone Policy that will be upheld and administered under the direction of the City Manager. The following words, terms and phrases, when used in this di'lision, shall ha'le the meanings ascribed to them in this section, except where the context clearly indicates a different meaning : Cell phones and other electronic devices means de'lices which allow or facilitate communication between tvi,,o or more indi'liduals in a wireless format. The term "cell phones and other electronic de¥ices" includes , but is not limited to : (1) Traditional cellular telephones; (2) Pagers; and (3) Blackberry PDAs . (Ord. No. 06 11 05 , 11 21 2006) Sec . 2 460. Purpose and intent. The objecti'le of this di'lision is to : (1) Pro'lide guidelines for the use of electronic equipment, whether directly or indirectly paid for by the city , as the employer of key staff who are in need of such electronic equipment; and (2) Maximize flexibility and a¥ailability of city personnel within the scope of the city's financial management program. (Ord. No. 06 11 05 , 11 21 2006) Sec . 2 461. Scope. This di'lision applies to all de¥ices referenced in section 2 459 issued to city employees. Cell phones and other electronic de'lices can be those pieces of equipment issued directly by the city or by a third party pro'lider or contractor. Such de'lices shall be those issued to employees for business purposes. (Ord. No. 06 11 05 , 11 21 2006) Sec. 2 462. General objecfa,es . The primary objecti1Jes of acti'lities related to this di'lision shall be as follows : (1) Saf-aty. Electronic de'lices whether or not pro¥ided or reimbursed by the city , and whether with or without hands free equipment, should be used only when conditions make it safe to use them . Employees should always use the highest degree of care to ensure safety for themsell/es and those around them while using these de'lices. (2) FJexibi!ity. Cell phones and electronic devices will be assigned to city employees based on their role and need . (Ord. No. 06 11 05 , 11 21 2006) Sec . 2 463 . Plan options. The plan options available for city employees shall be as follows : (1) A!!owance . The city employees selecting this option will be paid a stipend to cover a portion or all of the expenses of a cell phone or other electronic device. a. The city shall be responsible for setting up the service and billing plan and for acquiring all hardware and software associated with operating the device . b. The account shall be billed to the employee on behalf of the employer . The employee is responsible for paying the bill. c. All stipends will not be in excess of $100 .00 per month and will be shown as taxable income for the employee under a nonaccountable IRS plan . d. The city employees selecting this option will be allov.1ed to use these devices for personal t!S&.- (2) City provided payment and seAtice. The city employees selecting this option will not be provided a monthly bill or statement detailing expenses for use of the device . a. All billings will be sent directly to the city or its agent for payment. b. The city will contract for the cell phone service and provide a cell phone to the employee to be used solely for business purposes . (Ord. No . 06 11 05 , 11 21 2006) Sec. 2 464. Safekeeping and custody. (a) Internal controls. (1) The city operations department is responsible for establishing agreements with cell phone providers . Each department shall determine what functions in their departments require the use of a cell phone in order to perform their job in the most efficient and effective manner. A request shall be made through the IT manager using the IT procurement form. (2) The cell phone coordinator shall maintain a list of city employees who hmie cell phones that includes the following : a. Date the service was initiated ; b. Date the service was terminated ; c. Serial number for the equipment ; d. Company providing the service ; e. Equipment purchase price ; f. Data setup fees ; and g. Monthly service fees . (b) Replacement or ropair. The employee is responsible for the replacement or repair of damaged phones . Employees may be allo1Ned to purchase new equipment every year and only if their existing equipment is no longer functional. (Ord. No. 06 11 05 , 11 21 2006) Secs . 2-4 ~Q-2-502 . -Reserved .