Administration Packet 2017 01-18-17 - Supplemental Information
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Agenda Item Summary Memo
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Council Action Previously Taken:
Date of Action: Action Taken:
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Agenda Item Notes:
* Revised memo and red-lined policy from information included in the packet posted on 1/12/17.
Reviewed By:
Legal
Finance
Engineer
City Administrator
Human Resources
Community Development
Police
Public Works
Parks and Recreation
Agenda Item Number
New Business #7a
Supplemental Information
Tracking Number
ADM 2017-07
Employee Manual Amendment – Cell Phone Policy – Supplemental Information
Administration Committee – January 18, 2017
N/A
Majority
Approval
Revising Section 2.21.2 Cell Phone Policy of the City of Yorkville Employee Manual
and adding a NEW appendix item to the Employee Manual: Cellular Phone Agreement.
Erin Willrett Administration
Name Department
Summary
Revising Section 2.21.2 Cell Phone Policy of the City of Yorkville Employee Manual and adding a
NEW appendix item to the Employee Manual: Cellular Phone Agreement.
Background
Section 2.21.2 outlines the cellular phone policy for an employee with a City issued cellular phone or a
personal cellular phone with a City reimbursement. The new policy states clearly, if the employee elects
to use a personal cellular phone with a City reimbursement and the phone is damaged, the individual is
NOT personally responsible when the damage is a direct result of City job related duties or
responsibilities. In that case, the personal cellular phone 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. If the City finds the damage was not a result of City job related duties or
responsibilities the EMPLOYEE is responsible for the repair or replacement cost.
Recommendation
Staff recommends amending Section 2.21.2 Cell Phone Policy of the City of Yorkville Employee
Manual as attached in the red-lined version. As you can see, this clearly defines employee options for
obtaining a cellular phone (City-Issued Cellular Phone or Personal Cellular Phone with a City
reimbursement), responsibilities of the employee, as well as outlining a more specific repair and
replacement section.
It is also staff’s recommendation to add a NEW appendix item: Cellular Phone Agreement (attached).
This agreement between the City and the employee outlines general guidelines, responsibilities,
replacement and/or repair guidelines and it also generates documentation for the City. This agreement
will serve as a record that the employee has read Section 2.21.2 (as revised) and records the employee’s
option for reimbursement, or to be issued a city-owned cellular phone.
This updated policy will make the cellular phone policy/practice for obtaining, using, upgrading or
fixing a cellular phone more understandable to all employees.
Memorandum
To: City Council
From: Erin Willrett, Interim Assistant City Administrator
CC: Bart Olson, City Administrator
Date: December 7, 2016
Subject: Revising Section 2.21.2 Cell Phone Policy and adding a NEW
appendix item: Cellular Phone Agreement, United City of
Yorkville Employee Manual
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. City employees who
have been issued a city cell phone are advised that all calls made to or from the city cell phone
can be subject to a Freedom of Information Act review by the public. There should be no
expectation of privacy.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 Procedure
If a Director determines that an employee needs a cellular telephone or an
upgrade to an existing cellular telephone, a detailed written request must be submitted to
the Finance Director as part of the requisition process. This request must include:
a. The estimate of the annual cost and where the expense is budgeted.
b. The reason for the request, and whether it will enhance emergency
response,
employee safety, or work efficiency.
c. The adequacy of the present system of communication, and if a cellular
telephone is the most appropriate and economical choice.
d. How much time the user spends in the field each day.
e. How frequently the cellular telephone will be used.
Section 2.21.2.2 Allotted Minutes
The maximum authorized number of minutes per person is as follows:
Department Heads and Elected Officials 1,000 minutes
Foremen, Managers, Police Personnel & Supervisors 750 minutes
All other employees 400 minutes
This is to be used as a general guide and may change depending upon the City’s vendor
and/or the City’s needs.
Section 2.21.2.31 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 have the responsibility to use all City equipment and contracted
equipment with prudence and reasonable care. While driving a vehicle, employees
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should make every effort not to make outgoing calls or answer a phone if it will prohibit
them from operating a vehicle in a safe manner.
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 2.21.2.54 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.
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 2.21.2.65 Repairs and Replacements of Equipment
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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 Ccellular telephone equipment with a City reimbursement 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 (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. Cellular equipment that requires repair or replacement due to employee negligence,
including but not limited to: misuse, abuse, carelessness, misplacement, will be
repaired or replaced at the expense of the City, however this will be subject to
corrective action as determined by the department director or designee.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 2.21.2.76 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.
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(NEW)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: _______________