Resolution 2017-10 Resolution No. 2017-M
A RESOLUTION OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,APPROVING AN AMENDMENT TO THE UNITED CITY OF YORKVILLE
EMPLOYEE MANUAL
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the Constitution
of the State of Illinois of 1970 and the laws of this State; and,
WHEREAS, it has been determined to be in the best interests of the City to amend Section
2.21.2 and add a new Appendix to the Employee Manual, in the form attached hereto in Exhibit"A".
NOW, THEREFORE, BE IT RESOLVED, by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois that Section 2.21.2 and a new Appendix of the United City
of Yorkville Employee Manual in the form set forth on Exhibit "A" attached hereto and incorporated
herein are hereby adopted.
Passed by the City Council of the United City of Yorkville, Kendall County Illinois this
day of &v' , 2017.
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f
CITY CLERK
CHRIS FUNKHOUSER KEN KOCH
CARLO COLOSIMO DIANE TEELING
JACKIE MILSCHEWSKI T JOEL FRIEDERS \
SEAVER TARULIS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
7 day of rEU V AR Y , 2017.
MAYO
Attest:
City Clerk
Resolution No.2017-(O
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Exhibit "A"
Section 2.21.2 Cell Phone Policy
This policy is intended to provide guidelines for the proper use of cellular telephones.
Cellular telephones are provided to employees as business needs indicate. An employee who
violates the terms of this policy may be subject to disciplinary action including suspension and/or
termination as stated in section 5 of the employee manual.
Section 2.21.2.1 Eligibility Criteria
Employees eligible for assignment of City-owned cellular telephones are those
designated by the City Administrator and/or the Chief of Police, including (but not
limited to):
1. Employees who are frequently in a vehicle, if the individual must conduct City
business by the telephone while in the field, and it can be shown that cost savings
and customer service efficiently will be realized through the use of such devices;
2. Employees who have a critical need to maintain accessibility with other
department directors, City management staff and public officials, in order to
insure uninterrupted customer services and/or the integrity of the City;
3. Public safety positions, as determined by the Chief of Police, as necessary to
provide immediate and direct telephone communications with citizens, outside
agencies cooperating in operations, or other resource entities outside of City
government, and to provide for communications which may be inappropriate for
mobile radios;
4. Department Heads and employees who have responsibility for responding to
public safety incidents in the field.
Section 2.21.2 Business Use of Cellular Phones
Where job or business needs demand immediate access to an employee, the City
may issue a City-owned cell phone or allow an employee to elect a cell phone stipend for
business use of their personal phone in accordance with the Cellular Phone Allowance
Agreement (found in Appendix X). The Cellular Phone Allowance Agreement allows
employees to use a single phone for personal and business use through reimbursing the
City for personal use of a phone or by receiving a stipend to use their personal phone for
business use.
Section 2.21.2.3 Employee Responsibilities
Employees are required to obey all laws governing the operation and use of
vehicle in effect at the time. Violation of any traffic law or rule, regardless of whether a
citation is issued or the disposition of any changes, is grounds for discipline, up to and
including termination.
In situations where job responsibilities include regular driving and accepting of
business calls, hands-free equipment will be provided to facilitate the provisions of this
policy.
Employees whose job responsibilities do not specifically include driving as an
essential function, but who are permitted a cell phone for business use, are also expected
to abide by the provisions above. Under no circumstances are employees allowed to place
themselves at risk to fulfill business needs.
Employees who are charged with traffic violations resulting from the use of their
phone while driving will be solely responsible for all liabilities that result from such
actions.
Employees will be allowed to review the invoices for the cellular phone assigned
to them and be prepared to verify the calls listed on the invoice. Employees will
reimburse the City for all charges determined to be inappropriate by the Department
Head, Finance Director or City Administrator.
Reimbursements shall be made within 30 days of receipt of invoice by the
department at the overage rate of the approved City's vendor.
Employees in possession of company equipment such as cellular phones are
expected to protect the equipment from loss, damage or theft. Failure to maintain a
working phone and appropriate service contract will result in the immediate cancellation
of the stipend payment.
The use of camera phones to photograph City employees or information is strictly
prohibited without the express permission of the Department Head. This is necessary to
secure employee privacy, and other business information.
The employee shall release records of cellular phone use in compliance with City
and State regulations and policies. This includes information pertaining to City business
that may be subject to the Freedom of Information Act, as well as cellular phone records
in the event of an accident or injury in which such records may help determine the cause
of such accident.
Section 2.21.2.4 Department Head Responsibilities
Department Heads will receive a copy of the cellular telephone invoice each
month. It is the department head's responsibility to review all cellular telephone invoices
on a regular basis to insure that cellular telephones are used appropriately and that the
City is reimbursed for calls that cannot be identified as official use. Any misuse of
cellular telephones assigned to their department should be addressed immediately upon
discovery.
As with any policy, Department Heads are expected to serve as role models for
proper compliance with the provisions above and are encouraged to regularly remind
employees of their responsibilities in complying with this policy.
Section 2.21.2.5 Repairs and Replacements of Equipment
If there is a potential that equipment may be lost or damaged, the employee is
responsible for making reasonable accommodations to protect the equipment. City
provided cellular telephone equipment will be repaired or replaced according to one of
the following:
1. Personal cellular telephone equipment with a City reimbursement that requires repair
or replacement due damage as a result of City job related duties or responsibilities or
a situation outside the control of the employee will be repaired or replaced at the
expense of the City(up to a maximum of$200.00). The employee must have made a
reasonable accommodation to protect this equipment. City-issued cellular telephone
equipment that requires repair or replacement due to normal wear and tear, damage as
a result of City job related duties or responsibilities or a situation outside the control
of the employee will be repaired or replaced at the expense of the City.
2. In the event that the loss or damage is determined not to be in the course of
employment or is found to be due to the employee's negligence, no reimbursement
shall be made. Replacement/Repair shall only be provided after approval by the
employee's Department Head and City Administrator. This will be subject to
corrective action as determined by the Department Head or designee.
Section 2.21.2.6 Termination
Upon termination, the employee is to return his/her City issued cellular telephone
as well as any accessories to the City. The City issued telephone number is the property
of the City and shall remain under the City's ownership.
Employees who separate from employment with outstanding debts for equipment
loss or unauthorized charges will be considered to have left employment on
unsatisfactory terms and may be subject to legal action for recovery of the loss.
Upon resignation or termination of employment, or at any time upon request, the
employee may be asked to produce the phone for return or inspection. Employees unable
to present the phone in good working condition within the time period requested may be
expected to bear the cost of a replacement.
(NEV)Appendix X
Cellular Phone Agreement
In accordance with Cellular Phone Policy of the United City of Yorkville Employee Manual,the
City may choose to provide cellular telephones or a cellular telephone allowance to certain
employees in order to better meet the City's needs. Department Heads, with approval of the City
Administrator, decide which employees are eligible to receive City-issued cellular phone
equipment or enter into a shared cellular phone agreement.
The purpose of the Shared Cellular Phone Agreement is to allow flexibility for City employees
required to carry a phone or mobile device as part of their job,while keeping cellular services
cost neutral to the City. The ability to enter into a shared cellular phone agreement is subject to
approval of the Department Head and City Administrator.
Cellular Phone Reimbursement
Employee's eligible for a cell phone may elect to receive an allowance in lieu of a City-issued
cell phone. In receiving a reimbursement,the employee agrees to comply with the following
guidelines:
General Guidelines
A. Privately owned cellular phones and smart phone devices may be used for a combination
of personal and business use. Eligible persons receiving such allowance shall be solely
responsible for the costs of private ownership including but not limited to the purchase,
activation, and replacement of such devices and any increase in personal income tax
liability. Any person who receives an allowance may add extra services, equipment or
features as desired at his/her own expense.
B. The City is not responsible for purchasing,nor shall the City contribute any funds toward
the purchase of personal cellular phone equipment or accessories. The employee is
responsible for making full and timely payments directly to the cellular service vendor, as
negotiated in the employee-vendor contract. The City shall make approved
reimbursements directly to the employee only,not to the vendor.
C. The City is not responsible for loss, damage, or stolen equipment,unless loss or damage
occurred while the employee was conducting his or her assigned job duties. The City
shall reimburse the employee in accordance with the phone reimbursement amounts
outlined above and in an amount not to exceed the employee's actual costs.
D. The employee understands that he or she is responsible for maintaining the cellular phone
in good working order, keeping the unit properly charged, ensuring it receives adequate
signal in the areas the individual is likely to work, and available for the employee to
answer calls from City staff during the timeframe defined by the employee's supervisor.
E. The City is not responsible for any damage or loss resulting from the installation,
removal, or use of City-provided software or services on personal equipment. The City's
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IT service provider only supports City-provided software and services, and will not assist
with the connection to personal software or services (home e-mail, calendars, etc.).
F. Use of personal mobile devices for City business will follow the same policies as those
outlined in the Cellular Phone Policy in the City's Employee Manual when the employee
is on duty. These include restrictions on use of the cell phone while driving and limits to
personal use while on duty. Employees are responsible for making themselves familiar
with this section.
G. The employee shall release records of cellular phone use in compliance with City and
State regulations and policies. This includes information pertaining to City business that
may be subject to the Freedom of Information Act, as well as cellular phone records in
the event of an accident or injury in which such records may help determine the cause of
such accident.
Replacement and Repair of Damaged Phones
Employees must report the damage or loss of a City-owned phone within 24 hours of the
incident. The Department Head or City Administrator shall determine whether or not the loss or
damage occurred in the course of the employee's duties and whether the employee was
exercising reasonable care and caution under the circumstances. In the event that the loss or
damage is determined not to be in the course of employment or is found to be due to the
employee's negligence,no reimbursement shall be made. Replacement/Repair shall only be
provided after approval by the employee's Department Head and City Administrator.
Cellular phone allowance participants: Should an employee's phone become damaged or lost as
a direct result of the employee's responsibilities for the City,the employee shall be eligible for a
reimbursement for the repair or replacement of such item(s). Employees receiving a phone
allowance are eligible for reimbursement for the actual cost to replace or repair the phone
deemed to have been damaged during normal work duties up to a maximum of$200.
Reimbursements will be made upon proof of purchase or repair.
Reimbursement for City Phone Use: Should a City phone become damaged or lost as a direct
result of the employee's responsibility for the City, the City will issue a new phone at its cost. If
a City phone is determined to be damaged or lost during the course of personal use,unrelated to
City use or as a result of an employee's negligence, the employee will be responsible for
reimbursing the City the full cost of replacing the phone.
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Shared Cellular Service Election
I elect to receive a reimbursement in lieu of a City issued cellular phone.
I do not wish to receive a reimbursement in lieu of a City issued cellular phone. I
understand that use of a City-issued phone will be for work purposes only.
I have read and understand the City's Cellular Phone Allowance Policy and agree to follow the
regulations outline above.
Name(Print):
Signature:
Date:
Department Head Signature:
City Administrator Signature:
Finance Department Only
Expense Account#:
Invoice#:
Date:
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