HomeMy WebLinkAbout2008/06/10 Item 2
CITY COUNCIL
AGENDA STATEMENT
~\~ CITY OF
.~~ CHULA VISTA
JUNE 10, 2008, Item
SUBMITTED BY:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A REVISED CELLULAR
TELEPHONE POLICY
DIRECTOR OF FINANCE/TRE SURERc..f7le.
DIRECTOR OF INFORMA 10 TECHNOLOG~
CITY MANAGER
4/5THS VOTE: YES D NO I X I
ITEM TITLE:
REVIE"VED BY:
SUMMARY
The purpose of the policy is to replace Council Policy No. 662-12 to incorporate the new hands free
cellular telephone devices law, the new IRS rulings requiring that personal phone calls be subject to
income tax, the issuance of cellular telephone stipends and the fonnal establishment of pooled
cellular telephones for shared usage.
ENVIRONMENTAL REVIEW
Not applicable.
RECOMMENDATION
That Council adopt the policy.
BOARDS/COMMISSION RECOMMENDATION
Not applicable.
DISCUSSION
On August 1,2006, the City Council adopted Council Policy 662-12 - Cellular Telephone Policy
(see Attachment A). The policy's scope established guidelines for the issuance and use of City
cellular phones. Since that time it is necessary to replace the policy to incorporate the State of
California law requiring the use of a hands free device while driving, the new IRS rulings which
requires that personal phone calls be subject to income tax, the issuance of cellular telephone
stipends and the formal establishment of pooled cellular telephones for shared usage.
Tlus policy is applicable to all City employees, and is intended to provide guidelines for the
issuance of cellular telephone stipends, the establishment of individually assigned and pooled
2-1
J(JNE 10, 2008, Item~
Page 2 of 3
cellular telephones. The policy is presented to be in compliance with State of California laws,
Internal Revenue Service (IRS) regulations as well as meet the business-related needs of the
City.
In order to minimize the administrative work that would be required to ensure compliance with the
new IRS rulings and to continue meeting the business needs of the City, staff is recommending the
following options:
· City Issued Cellular Telephones - Individually assigned cellular telephones will be assigned
based on approval by the City Manager or his/her designee. The sole purpose of these
telephones is for official use only. Personal calls are not permitted in order to ensure
compliance with IRS tax laws unless the Department Head allows the employee to reimburse
for personal calls. In this case, the Department Head will be responsible for implementing
proper tracking and collection of cellular telephone charges. All cellular telephone documents
must be kept for seven years per IRS rules.
Justification for receiving a cellular telephone must be provided on the Application For City
Issued Cellular Telephone/PDA/Stipend form. A list of personnel approved for receipt of a
City-issued cellular telephone will be maintained by each department and updated annually,
or as new employees are issued devices, in order to track the device issued, the
communication plan, and the work purpose.
· Cellular Telephone Stipends: Based on approval by the City Manager or their designee, City
employees based on positional requirements may be provided a cellular telephone stipend to be
used toward the purchase and maintenance of a personal cellular telephone and related
equipment for City business. This option is only available to approved positions whose function
requires regular communication via cellular telephones. Eligible employees may include
department heads, division managers, or other employees who may need to respond in
emergency situations or who may use cellular telephones on a constant basis during the course
of a workday ancl!or during off duty hours. Employees receiving a stipend must maintain phone
records as the City may periodically audit records in order to ensure proper use of stipend.
· Pooled Cellular Telephones: Pooled cellular telephones include all cellular telephones assigned
to departments for the joint use by more than one employee. The sole purpose of these
telephones is for official use only. Each department will maintain a log for signing the
telephones in and out, so that all usage can be identified with specific individuals. Phone
checkout log must include the following: employee name (legible), title, time out, time in, and
work purpose. Records must be in ink or on a computer log. Tampering with records may
result in disciplinary action. Pooled cellular telephone use records must be kept for seven years
including phone log and billing records. Pool cellular telephones may be restricted from long
distance use, and cannot be used for personal use.
The Purchasing Division is responsible for purchasing and maintaining city-owned mobile
communication devices. Designated employees must coordinate with Information Technology
(for PDAs) or the Purchasing Division (Cellular telephones) in order to receive a City issued
mobile device.
2-2
JUNE 10, 2008, Item--L
Page 3 of 3
DECISION MAKER CONFLICT
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(l) is not applicable to this decision.
FISCAL IMP ACT
As a result of the internal review of the cellular telephone issuance policy, the City has reduced
the number of City-issued cellular telephones by 84. If this action is approved, it is anticipated
that the number of cellular telephones will be further reduced an additional 67 and replaced \\lith
a stipend. The reduction of City issued cellular telephones was done as a cost savings measure
and is reflected in the Fiscal Year 2008/09 base budget as a reduction in cellular telephone
appropriations of $50,000. No additional appropriations are necessary for the recommended
stipends.
Pooled
De ent City Issued Phones Sti end Total
Administration 0 0 8 8
City Attorney 0 0 7 7
Engineering 2 0 1 3
Finance 0 0 I 11
Fire 25 16 0 41
General Services 35 0 0 35
Human Resources 0 0 2 2
IT 12 0 1 13
Library 1 0 16 17
Planning & Building 21 0 1 22,
Police 81 1 0 82
Public Works 70 14 1 85
RDA 0 0 1 1
Recreation 13 0 28 41
Total 260 31 67 358
'Totals continue to change as retirements and changes in positions occur.
The largest groups issued City cellular telephones are public safety and street crews. The use of
cellular telephones provides savings to the City in comparison to radios, which range from $500
-$2,500 with a $26.50 monthly charge. The cost of a cellular telephone is approximately $25
($250 replacement value) with a montWy charge of$33.99 (government rate).
ATTACHMENTS
A. Original Council Policy 662-12
B. Amended Council Policy 662-12
C. CSMFO Survey of Cellular Telephone Stipends by City
Prepared by: Maria Kachadoorian, Director of Finance
2-3
ATTACHMENT A
SUBJECT: CELL PHONE POLICY
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
l'ilJMBER
EFFECTIVE
DATE
PAG
lof I
662-12
August I, 2006
ADOPTED BY: 2006-239
I DATED: 08-01-2006
AMENDED BY: Resolution No. (date of resolution)
PURPOSE I
The purpose of this policy is to establish guidelines for the issuance and use of cellu lu
phones. I
POLICY
Department Heads may authorize the issuance of cell phone to city employees when
there is a business necessity that requires the regular use of a cell phone.
SCOPE
This policy covers the issuance and use of city-issued cell phones.
PROCEDURE
To request a cell phone, employees whose job duties necessitate the use of a cell
phone shall fill out a "Cell Phone Request" form and obtain Department Head
approval. Completed forms are then submitted to the Purchasing Division for
processing. Specific justification for issuance of a cell phone must be included.
To ensure the best value for the city, the Purchasing Division will select a service
provider. Upon consultation with the department, Purchasing will also determine whic
phone, accessories, and rate plan are most appropriate for the requested application.
Once an order has been placed, the phone and related accessories may be delivered
either directly to the requestor or to the Purchasing Division. When the order has bee
received, it shall be verified as to completeness and functionality. Training may be
arranged at requestor's option.
Rate plans will be based on usage and may be periodically adjusted. Usage will be
monitored and adjustments made that are most cost-effective for the city. Rate plans
may be structured for either pooled minutes or on a per minute basis.
RESPONSIBLE PARTY
Departments are responsible for the cellular phone equipment, accessories, training,
warranties, insurance, repairs, and all recurring service costs. Employees are
responsible for ensuring that city-issued cell phones are used for business purposes.
Although personal use is generally discouraged, such use is occasionally allowed. Fo
field personnel and those whose primary mode of communication is a cell phone,
departmental guidelines may govern the appropriateness of personal use.
2-4
ATTACHMENT A
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: CELL PHONE POLICY POLICY EFFECTIVE
NUMBER DATE PAGE
662-12 August 1, 2006 20f2
ADOPTED BY: 2006-239 I DATED: 08-01-2006
AMENDED BY: Resolution No. (date of resolution)
Each Department is responsible for setting parameters, monitoring compliance, and
curtailing excessive personal use. Department Heads are encouraged to conduct
periodic, random audits of cell phone usage. The city shall be reimbursed for any
personal use deemed excessive.
Cell phones and other wireless devices configured for access to the Internet or city
Intranet require Department Head and Information Technology Services Department
approval.
Lost or stolen equipment shall be promptly reported to the Purchasing Division.
Purchasing will request a block on the account in order to prevent fraudulent use. After
hours, employees shall call the cellular phone service provider directly to initiate a block.
The Purchasing Division will order replacement equipment upon receipt of an
authorized request.
Malfunctioning or broken equipment shall be reported to the Purchasing Division. Most
cellular phone equipment is covered under an initial one-year warranty.
Upon termination of employment with the city, cell phones and related accessories shall
be returned to the Purchasing Division.
REl A TED POL fefES
Please see Risk Management's "Cell Phone Usage Safety Guidelines".
FORMS
"Cell Phone Request"
2-5
ATTACHMENT A
~l~
-11-
. -
-- --- -:...-
OlY OF
CHUIA VISfA
CELL PHONE REQUEST
Describe the purpose and justification in requesting a cell phone for this individual:
I hereby acknowledge that I have received a copy of the City's Cell Phone Policy.
I have read the policy and understand that failure to comply with all the requirements
contained therein may result in revocation of cell phone privileges and/or possible
disciplinary action.
Print name:
Signature:
Title:
DeptfDivision:
Phone Extension:
Date:
Department Head Signature
Purchasing Use Only
Approved:
Not Approved:
Comments:
Purchasing Agent:
Date:
July 06
2-6
ATTACHMENT B
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: CELLULAR TELEPHONE POLICY POLICY
NUMBER
EFFECTIVE
DATE
PAG
lof? I
662-12
August I, 2006
ADOPTED BY: Resolution No. 2006-239
AMENDED BY: Resolution No. 2008-XXX 06-10-2008
PHRPOSF
The purpose of this policy is to establish guidelines for the issuance of cellular telephone stipen s
and of individually assigned and pooled cellular telephones.
I DATED: 08-01-2006
POT .TrV
The City Manager or their designee may authorize the issuance of cellular telephone stipends t
$30 per month to City employees when there is a business necessity that requires the regular u e
of a cellular telephone. If the employee is required to utilize a Personal Digital Assistant (PD )
phone a stipend of $60 may be issued. The issuance of stipends will be determined by the C v
Manager or their designee and reviewed annually for adjustment and will be reported as taxat e
income to the employee as required by IRS tax laws.
I
The City Manager or their designee may authorize the issuance of individual or pooled cellu r
telephones to departments whose work functions require extensive fieldwork. These City issu d
cellular telephones are to be used solely for official business purposes. Personal calls are n t
permitted in order to ensure compliance with IRS tax laws. i
I
srOPF
This policy is applicable to all City employees and is intended to provide uniform and consiste t
standards for the issuance of cellular telephone stipends and of individually assigned and pool d
cell ular telephones.
PROrFnTTRF
(',,11111"r T"l"pnnn" Stip"nek Based on approval by the City Manager or their designee, C' v
employees based on positional requirements may be provided a cellular telephone stipend to e
used toward the purchase and maintenance of a personal cellular telephone or PDA and relat d
equipment for City business. This option is only available for approved positions whose functi n
requires regular communication via cellular telephones. Eligible employees may inclu e
department heads, division managers, or other employees who may need to respond in emergen y
situations or who may use cellular telephones on a constant basis during the course of a workd y
and/or during off duty hours.
(,ity Tss""c1 ('"11,,l"r T"]"pnnn"s m PDA - Individually assigned cellular telephones will e
issued based on approval by the City Manager or their designee. The sole purpose of the e
telephones is for official use only. Personal calls are not pelmitted in order to ensure complian e
with IRS tax laws unless the Depmiment Head allows the employee to reimburse for persol I
calls. In this case, the Department Head will be responsible for implementing proper tracki g
and collection of cellular telephone charges. All cellular telephone documents must be kept r
seven vears ver IRS rules.
2-7
ATTACHMENT B
SUBJECT: CELLULAR TELEPHONE POLICY
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
662-12
EFFECTIVE
DATE
August 1,2006
PAGE
20f3
ADOPTED BY: Resolution No. 2006-239
AMENDED BY: Resolution No. 2008-XXX 06-10-2008
I DATED: 08-01-2006
Pnnl"ri ('"l111l"r T"I"phnn"" Pooled cellular telephones include all cellular telephones assigned
to departments for the joint use by more than one employee. The sole purpose of these
telephones is for official use only. Each department will maintain a log for signing the
telephones in and out, so that all usage can be identified with specific individuals. Phone
checkout log must include the following: employee name (legible), title, time out, time in, and
work purpose. Records must be in ink or on a computer log. Tampering with records may result
in disciplinary action. Pooled phone use records must be kept for at least three years including
phone log and billing records. Pooled cellular telephones may be restricted from long distance
use, and cannot be used for personal calls.
RF.SPONSTRT.F. PARTY
(',,11111"r T"I"phnn" Stip"nri,' In order to qualify to receive this stipend, eligible employees are
required to provide their own cellular telephone and maintain an active cellular telephone account
for as long as they are receiving a stipend. Employees under the stipend program may be asked to
show proof of a cellular telephone account, such as a monthly bill, at any time.
Employees are required to provide their personal cellular telephone number to their Department
Head, the Information Services Manager, and other City staff as determined by their immediate
supervisor. In addition, for those employees that are expected to report to the City's Emergency
Operations Center, their cellular telephone number shall be provided to the City's Emergency
Services Coordinator. Any change to an employee's personal cellular telephone number is to be
reported to hislher inunediate supervisor and the Information Services Manager within 24 hours
of the change.
Personal cellular telephones and other wireless devices configured for access to the Internet or
city Intranet require Department Head and Information Technology Services Department
approval.
(,ity h",,,ri (',,11111"r T"J"phnn" n"vic",' Lost or stolen cellular telephone devices and equipment
shall be promptly reported to the Purchasing Division. Purchasing will request a block on the
account in order to prevent fraudulent use. The Purchasing Division will order replacement
equipment upon receipt of an authorized request.
Employees may be responsible to pay for the replacement of damaged or lost equipment if it is
determined that the loss or damage was due to the employee's negligence
Malfunctioning or broken equipment shall be reported to the Purchasing Division. Most cellular
nhone e(]uinment is covered under an initial one-Year warranty.
2-8
ATTACHMENT B
SUBJECT: CELLULAR TELEPHONE POLICY
COUNCIL POLICY
CITY OF CHULA VISTA
POLICY
NUMBER
662-12
EFFECTIVE
DATE
August I, 2006
PAG,
30f3 i
ADOPTED BY: Resolution No. 2006-239
I DATED: 08-01-2006
AMENDED BY: Resolution No. 2008-XXX 06-10-2008
To ensure the best value for the City, the Purchasing Division will select a service provid
Upon consultation with the department, Purchasing will also determine which phone aJ
accessories are the most appropriate for the requested application. Once an order has be
placed, the phone and related accessories will be delivered to the Information T echnolo
Services Department who will verifY the completeness and functionality of the equipmel
Training may be arranged at requestor's option
Rate plans will be based on usage and may be periodically adjusted. The Purchasing Divisi
will monitor the usage and make any necessary changes to ensure that the city is enrolled in tJ
most cost-effective plan. Rate plans may be structured for either pooled minutes or on a p r
minute basis.
(,pll1l1"r Tp]pphr\np "ncl HBncl, Frpp T "w
Effective July 2008, State of California law (SBI613 Chapter No. 290) requires the use of
hands-free device in order to use a mobile phone while driving, except for emergencies, aJ
drivers of emergency response vehicles. In the interest of the safety of City employees and oth r
drivers, employees are prohibited from using cellular telephones while driving on City busine
or while conducting City business. If the employee's job requires that a cellular telephone be (
while driving, the employee must use a hands-free device. It is highly recommended that ev
with a hands-free device that the employee safely parks the vehicle before using the phon.
Under no circumstances, other than an emergency, should an employee place a phone call whi
operating a vehicle and conducting City business.
The City of Chula Vista is not responsible for any moving traffic violations. parking tickets,
any other violations of city ordinances, state/federal laws, regarding an employee's driving habit.
Any tickets issued are the employee's responsibility, even if the ticket is issued while conductiI
business for the City.
FORMS
Application For City Issued Cellular Telephone/PDAlStipend
City Cellular Telephone PDA Policy Acknowledgement - City Issued Phone/PDA
City Cellular Telephone PDA Policy Acknowledgement - Stipend
2-9
ATTACHMENT B
CITY OF
CHULA VISTA
APPLICATION FOR CITY ISSUED CELLULAR
TELEPHONE/PDAlSTlPEN D
Which type of cellular telephone service is being requested?
o Cellular Telephone - City-issued, maintained and supported
o Cellular Telephone Stipend
o PDA - City-issued, maintained and supported
o PDA Stipend
o Pooled Cellular Telephone - City-issued, maintained and supported
Why is a City-issued cellular telephone/PDAlStipend being requested (Attach all
supporting documentation as needed).
Describe the present system of communication.
Why is a stipend for the use of a cellular telephone/PDA necessary? Explain the
necessity or the expected usage of a personal cellular telephone/PDA rather than the
convenience for the performance of your job.
How many cellular telephone minutes a month do you expect will be used for essential
City business? Minutes-per-month
APPROVAL SECTION
Department Head:
o
Approved 0
Denied
Department Head Signature:
Date
City Manager:
o
Approved 0
Denied
City Manager Signature:
Date
2-10
ATTACHMENT B
CITY CELLULAR TELEPHONE PDA POLICY ACKNOWLEDGEMENT
CHOrA~STA (CITY ISSUED CELLULAR TELEPHONE OR PDA)
1. I have received a City-issued:
D Cellular Telephone
D PDA
2. I have read and understand the City's cellular telephone policy for City-issued
telephones and PDAs. I agree to abide by the policy and agree that the City-issued
cellular telephone/PDA will be used for conducting City.
Employee Name (Print)
Department and Division
Employee Signature
Date
Telephone Make and Model
Cellular Telephone Number
2-11
ATTACHMENT B
~ (ft..
-~-
F_-__ __
- - - -
CITY CELLULAR TELEPHONE PDA POLICY ACKNOWLEDGEMENT
(STIPEND)
CITY OF
(HUlA VISTA
1. I have read and understand the City of Chula Vista's Cellular Telephone Policy.
2. I will provide my cellular telephone number to my immediate supervisor and
acknowledge that my immediate supervisor will have the discretion to share my
cellular telephone number with other City employees as needed.
3. I will hold the City Harmless for any damage to my personal cellular telephone/PDA
regardless of its use for City or personal business at the time the damage was
incurred.
4. I acknowledge that any and all replacement or repair costs are my responsibility.
5. I agree that the City has the right to verify that I do have a cellular contract in place.
Employee Name (Print)
Department and Division
Employee Signature
Date
Telephone Make and Model
Cellular Telephone Number
2-12
ATTACHMENT C I
I
I
Cell Phone Survey
Source: California Municipal Finance Officer's Association
/;(',...;.,<" '::....:...-.'.,.'.::,:..;..,.....,. '" ; Agency '. AITowanceAmount .,....;. ,(' ,..
,....,..;.,......,-......:
~~Iiu.~ti@, ."iM6rithlvl ':";",.,-' Cori1riiehts> '"
' ,,'., ' Provided ',' ,
Executive and Senior Management, City Attorneys, an
San 01<><10 (citv) . various field classifications, Employee reimburses for I
1,336,865 X personal calls,
San Dieoo (countv) 491,764 X Employee reimburses for oersonal calls
Stockton 289,927 $25, $50, $100
Fremont 213,512 $30
Elk Grove 139,542 $40, $80 $40 for cell phone onlv, $80 for Blackberrv (data) type
Sunnvvale 137,538 X Emolovee reimburses nrorata amount for personal call
West Covina 112,666 X
Roseville 109,154 $35 Manaoer & CItY Attornev
Berkelev 106,697 $35 - $50 Not in effect vet
Mission Vieio 98,572 X Emolovee reimburses if ooes over monthlv amount
$50 for cell phone only, $75 for Blackberry (data) type
Carson 97,960 $50, $75 Council and upper manaoement only
Vista 95,770 $30 - $70 Based on anticioated use
Hawthorne 90,014 X
Alhambra 89,259 X Emolovee reimburses if ooes over monthiv amount
Chino 82,670 X Employee reimburses foroersonal calls ,
Tracv 81,548 X Charge emolovee $14/month
La Mesa 56,666 X
City Manager, Deputy City Manager, Fire Chief, and
Santee 56,068 X various field classifications,
Powav 51,103 $50, $75 $50 for cell phone onlv, $75 for Biackberrv (data) type
Depending on usage pius additional $40/month for dat
SANDAG $50 - $120 plan if needed
I
I
I
2-13
RESOLUTION NO. 2008-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A REVISED CELLULAR
TELEPHONE POLICY
WHEREAS, on August 1, 2006, the City Council of the City of Chula Vista adopted
Council Policy 662-12 - Cell Phone Policy [Policy], on file in the Office of the City Clerk; and
WHEREAS, the Policy's scope established guidelines for the issuance and use of City
cellular phones; and
WHEREAS, since that time, it has become necessary to revise the Policy to incorporate
new law requiring the use of hands free devices while driving, the new IRS rulings that require that
personal phone calls be subject to income tax, and issuance of cell phone stipends and
establishment of pooled cell phones for shared usage; and
WHEREAS, this Policy is applicable to all City employees, and is intended to provide
guidelines for the issuance of cell phone stipends, the establishment of individually assigned and
pooled cell phones; and
WHEREAS, the Policy is presented to be in compliance with State of California laws, IRS
regulations as well as meet the business-related needs of the City; and
WHEREAS, in order to minimize the administrative work which would be required to
ensure compliance with the new IRS rulings and to continue meeting the business needs of the
City, staff is recommending the following options:
. City T"",,,1 C"l1 Phon"s: Individually assigned cell phones will be assigned based on
approval by the City Manager or designee. The purpose of these telephones is for
official use only. Personal calls are not permitted, unless the Department Head
allows the employee to reimburse for personal calls.
. C"l1 Phon" Stipenc1s: Based on approval by the City Manager or their designee, City
employees based on positional requirements may be provided a cell phone stipend to
be used toward the purchase and maintenance of a personal cell phone and related
equipment for city business. Employees receiving a stipend must maintain phone
records as the City may periodically audit records.
. Poo]"c1 C"l1l1br T"]"phon"s: Pooled cellular telephones include all cell phones
assigned to departments for the joint use by more than one employee. The purpose of
these telephones is for official use only. Each department will maintain a log, so that
all usage can be identified. Pooled cell phone use records must be kept for seven
years including phone log and billing records. Pooled cellular telephones may be
restricted from long distance use, and cannot be used for personal use; and
J:\Altomey\RESO\POLlCY\Council Policy 662-12 - revised cell phone pQlicy-06-1 0-08.doc
2-14
Resolution No. 2008-
Page 2
WHEREAS, the Information Technology Department (for PDAs) or Purchasing Division
(for Cell Phones) is responsible for purchasing and maintaining mobile communication devices;
and
WHEREAS, designated employees must coordinate with Information Technology or
Purchasing Division in order to receive a City issued mobile device; and
WHEREAS, since the review of the cell phone policy began, the City has reduced its city
issued cell phones from 439 to 355 and would be further reduced once the stipend policy is
implemented; and
WHEREAS, the reduction of City issued cell phones was done as a cost savings measure
and is reflected in the fiscal year 2008-09 base budget as a reduction in cell phone appropriations of
$50,000; and
WHEREAS, no additional appropriations are necessary for the recommended stipends.
j-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby adopt a revised cellular telephone policy, which is on file with the City Clerk.
Presented by
Approved as to form by
~'m' C;/\}\\"\-.~ 'N\
Ann Moore
City Attorney
Maria Kachadoorian
Director of Finance
1 :\Altomey\RESO\POLlCY\Council Policy 662-12 _ revi$ed cell phone policy _06-1 Q-08.doc
2-15,