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Home My WebLink AboutCC AG PKT 2008-11-10 #GAGENDA STAFF REPORT DATE: November 10, 2008 TO: Honorable Mayor and City Council THRU: David Carmany, City Manager FROM: Jill R. Ingram, Asslstant to the City Manager SUBJECT: AMENDMENT TO CITY COUNCIL POLICY N0.200-19 (USE OF CELLULAR/WIRELESS ELECTRONIC DEVICES) SUMMARY OF REGIUEST: The City Council is requested to consider the amendment of Council Policy Administrative Directive 200-19 to set a monthly allowance to defray the costs of cellular telephone use by employees for City business, and to assure safe use of hands free devices and cellular and other wireless telephones while operating a motor vehicle during business hours. BACKGROUND: On August 23, 2004, the City Manager at that time approved and implemented a Council Policy Administrative Directive (#200-19, Cellular Telephone Policy) to set a monthly allowance to defray the costs of cellular telephone use by employees for City business, and designated the following positions to receive a $75 monthly cellular phone allowance. Assistant City Manager, Chief of Police, City Clerk, Director of Administrative Services, Director of Development Services, Dlrector of Parks and Recreation, and Dlrector of Public Works. The purpose of the attached Councll Policy Administrative Directlve 200-19 is to formalize the policy by the Clty Council and designate the following positions to receive a $75 monthly cellular phone allowance: Asslstant to the City Manager, Chief of Police, City Clerk, Director of Administrative Services, Dlrector of Development Services, Director of Public Works, Police Lieutenant, Sergeants, and Detectives, Lifeguard Captain and Lieutenant, City Engineer, Associate Engineer, and Maintenance Service Manager. Additionally, in compliance with the new Hands Free Cell Phone Law that became effective July 1, 2008, the attached Council Policy Administrative Directive 200-19 establishes guidelines to encourage the sound use of Agenda Item G Page 2 cellular/wlreless devices and to assure that employees are not injured, citizens are not endangered, City equipment is not damaged, and the work environment is not adversely impacted due to distractions or lack of concentration caused by the use of cellular or other wireless telephones. FINANCIAL IMPACT: Funds for cell phone allowances are approved and allocated as part of the annual budget adoption process, and therefore, approval of this policy wdl have no financial impact. RECOMMENDATION: Staff recommendation is that the City Council consider the amendment of the attached Council Policy Administrative Directroe #200-19, Use of CelluladWireless Electronic Devices Policy, SUBMITTED BY: ill .Ingram, Assistant to the City Manager NOTED AND APPROVED: David Carma y, City Manager Attachment: A. Council Policy #200-19 CITY OF SEAL BEACH COUNCIL POLICY/ADMINISTRATIVE DIRECTIVE SueJECT: USE OF CELLULAR/WIRELESS ELECTRONIC DEVICES POLICY SECTION INDEX NO. ISSUE DATE REVISION COUNCIL CITY MANAGER DATE APPROVAL APPROVAL 200 19 11/10/2008 08/23/04 1. SCOPE For all Employees who operate acellular/wireless electronic dewce to conduct City business. 2. PURPOSE AND INTENT The City of Seal Beach takes its stewardship over the use of its limited public resources seriously. Periodically, the City Council has adopted ordinances, resolutions and policies relating to expenses actually and necessarily incurred by public officials and employees in connection with their official duties on City business. City staff performed research that on average, employees spend $75 or more a month for pertorming city business on cellular phones. The purpose of this directive is to set a monthly allowance to defray the costs of cellular telephone use by the employee for City business and to assure safe use of hands free devices while operating a motor vehicle and outline procedures for all City personnel concerning the safe use of cellular and other wireless telephones during business hours. The intent of this directive is to encourage the sound use of cellular/wireless devices and to assure that employees are not injured, citizens are not endangered, City equipment is not damaged, and the work environment is not adversely impacted due to distractions or lack of concentration caused by the use of cellular or other wireless telephones. 3. POLICY The following positions are designated to receive a $75.00 monthly cellular phone allowance: Assistant to the City Manager Chief of Police City Clerk Director of Administrative Services Director of Development Services 1 of 4 (200-19) Director of Public Works Police Lieutenant, Sergeants, and Detectives Lifeguard Captain and Lieutenant Ciry Engineer Associate Engineer Maintenance Service Manager The use of Ciry assigned and personal cellular/wireless phones on the fob is restricted due to the distraction and lack of concentration that such use presents for a safe work environment. Employees should refrain from operating cellular telephones, laptop computers, hand-held two-way radios, and any other deuce that may cause vehicle operation distraction while operating aCiry-owned or privately-owned vehicle in the course of conducting City business. 4. PROCEDURE The employee receiving the monthly cell phone allowance shall maintain the cellular telephone account so that it is active and in good standing while employed by the City of Seal Beach. The employee shall further assure that he/she possesses a cellular telephone that is maintained in good working order. Executroe Management staff and those designated on standby status shall ensure that cell phones remain switched on at all times in case of Ciry business that arises that regwres immediate attention. All designated employees are responsible and shall remain liable for payment of any cellular telephone bill and agreement entered into between the employee and the cellular telephone unit or service provider. Operational Safety: A. Operating a Moving Vehicle. The employee's main concern while behind the wheel is to safely operate the vehicle. Cellular and other wireless devices should be kept to an absolute minimum use. Should the employee need to make a call from the motor vehicle, do so when the vehicle is safely stopped, out of the flow of traffic, or in a designated parking area. Conversations, taking notes, dialing, answering, or reading displays are prohibited while the vehicle is in motion on streets, highway, interchanges, and especially during rush hours or in other heavy or congested traffic Should the employee receive a call while driving, the call should not be answered. Should the call be of an important nature, the employee shall only answer the call with a hands free device, i e., Bluetooth, or other hands free devices, and bang the vehicle to a safe stop to complete the call. 2of4 12oo-t s~ Vehicle Code Section 23123 exempts emergency services professionals that use a wireless telephone while operating an authorized emergency vehicle in the course and scope of his or her duties; however it is recommended that Public Safety employees also use a hands free device to operate acellular/wireless phone while on patrol in the field whenever possible. Marine Lifeguards are recommended to use the two-way 800 MHz radios, VHF radios, cell phones, and other equipment while the vehicle is not in motion and/or using hands free devices whenever possible. B. Operating Maintenance/Construction Equipment. Use of any cellular phone or other wireless device (including hands free devices) is not authonzed while operating motorized off-road maintenance%onstruction equipment. C. Work Site. Unauthorized use of cellular phones or other wireless devices that may be a distraction to the user, the general public, or to the surrounding workers, and/or create an unsafe work environment is prohibited. Such work sites include but are not limited to: work stations/cubicles, lobbies, construction sites, road repair, maintenance and construction activity, operating or repairing engines or energized equipment such as electrical panels, motors, or energized circuits. D. Cellular/Wireless Phones for Personal Calls. The use of cellular/wireless phones for personal conversations is restricted to non-duty time, such as breaks, lunch, etc., as to not create distractions or safety hazard to the employee, co-workers, contractors, and/or general public conducting business in City facilities. E. Emergency Calls. The use of a cellular/wireless device to call for help or to help others in an emergency is permitted. If responding to or witnessing a serious accident, crime in progress or other serious emergency situation where life or property is in danger, call 911 and give the exact location and stay on the line as long as the dispatcher regwres. However, do not place yourself or others in danger while doing so. If operating a vehicle, pull off the road before placing the call. 5. ISSUANCE Council Approval Date• 3of4 i2oo-~ s> ATTACHMENTI Please fill out the form and return to the Personnel Department for inclusion in your Personnel Fde. I have read and understand the Use of Cellular/Wireless Electronic Devices Policy of the City of Seal Beach. Date: Signature Printed Name 4 of 4 (200-19)