RESOLUTION NO. 11-08

A RESOLUTION AMENDING THE PERSONNEL POLICIES

OF THE CITY OF MONTICELLO, IOWA

WHEREAS, the City of Monticello could benefit from the use of cellular phones in running its operations in the most efficient and effective manner possible; and

WHEREAS, cellular phones are necessary as a communication tool, but clear guidelines need to be established to define and direct proper & appropriate use:

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MONTICELLO, IOWA:

ARTICLE 1: CELLULAR PHONE USAGE POLICY.

This policy is intended to establish guidelines related to the use of Cell Phones by City Employees during regular business hours and the amount of City reimbursement, if any, to those employees identified as having a “city” based need to carry or to have available a Cell Phone at all times.

General Provisions:

(a) Carrying a Cell Phone during Regular Business Hours:

1. In general, if it can be shown that an employee’s duties require frequent mobility, a need to remain readily accessible due to the specific nature of their duties, a lack of other means to contact said employee by those that have a “work” related need to contact that employee, an employee may be permitted to carry a cell phone during regular business hours. Department Heads shall identify those employees within their department that are deemed to have a “need”, as explained above, to carry a cell phone during working hours. The Department Head shall submit a written memorandum to the City Administrator both identifying the employee and explaining the need for the employee to carry said phone during working hours. The City Administrator has the discretion to either approve of deny the request of the Dpt. Head.

(b) The City will not issue or provide Cell Phones at City expense to employees unless pre-approved by the City Council.

(c) Employees that are authorized to carry a cell phone under this policy will carry a personally owned phone. Said employee(s) will be eligible for consideration of a City stipend, as further explained below, for the employee’s personal use of their personally owned cellular phone for business purposes.

(d) City Stipend:

1. A stipend shall only be provided if it is determined that a substantial “need” exists for said employee to have a cell phone with them both during and after the work day. The Decision on whether or not a stipend shall be paid will be made by the City Administrator after consultation with the Department Head.

2. For those employees determined to be eligible for a Stipend, the Stipend shall be $20.00 per month for those employees carrying a “standard” phone, said amount deemed to be representative of the portion of the cost of said cell phone service, care and maintenance, to be tied to the employee’s business use of said phone. If it is determined that an employee has a need to carry a phone with data / e-mail services, the City shall pay a stipend to those employees in the amount of $50.00 per month. Stipends shall be payable from the 1st day of the first month following the beginning of an employee’s use of their personal cell phone for work purposes hereunder. City stipends shall not be pro-rated and will be paid with and/or at the same time of the first regular payroll following a full month of usage. The stipend, as set out herein, shall be subject to amendment by the City Council as deemed appropriate from time to time.

(e) Procedures for Usage of Cell Phones during working hours:

1. For those employees who have been authorized to carry a cell phone during regular business hours, whether subsidized or not, the use of same, except while on break, or in situations of emergency, shall be for work related purposes only.

2. The following uses of any cellular phone during hours for which the employee is being paid by the City, are prohibited:

a) Offensive or harassing statements or language including disparagement of others based on their race, national origin, sex, sexual orientation, age, disability, religious or political beliefs;

b) Use for commercial purposes or for personal profit;

c) Anything that violates accepted ethical principles or any other use in conflict with the City’s Personnel Policies and Guidelines.

3. All employees shall use hands free technologies while speaking on a cell phone at all times while operating a city owned vehicle or other piece of City owned motorized equipment, and whenever operating any motor vehicle or other motorized equipment if the use of the phone is for work related purposes. Therefore, if using a cell phone for work related purposes before, during, or after normal working hours, or on break, for lunch or otherwise, while operating a vehicle or other motorized equipment, employees shall use hands free devices. Employees found to have violated this policy will be subject to discipline.

(f) Equipment:

1. Employees shall be responsible for the purchase, maintenance, repair, replacement, and ownership of their phone and related equipment/accessories.

2. Each Department Head shall evaluate the needs and requests of those personnel who will be utilizing a phone during working hours to determine whether their position and duties justify the need for a hands-free device. If the Department Head deems it necessary, said device may be provided at City expense and said device shall remain the property of the City at all times.

(g) Penalties/Restrictions:

1. The City is not responsible for replacing cellular phones damaged by employee carelessness. In the event any cellular phone or related equipment is damaged in the course of City business the item(s) shall be brought to the attention of the employee’s supervisor for direction in regard to the repair and/or replacement of the item(s). A department head may replace, with City funds, cell phone equipment damaged during the course of employment so long as said damage was not caused by the negligence or recklessness of the employee. The replacement equipment shall be of a like kind and as similar to that being replaced as is possible. In this event, the replaced cell phone will remain the property of the employee.

(h) Time of Applicability:

1. This Policy shall be retroactive and applicable to those employees that have taken steps to acquire personal cell phones to replace previously provided “City” cell phones, for which “City” service was cancelled.

2. Presently owned City Phones and related phone numbers, under contract with US Cellular, shall continue until said contract can be terminated without penalty for those employees determined to have a City “need” for a cell phone as previously outlined herein. Service shall be suspended for those employees not deemed to have a City “need” if the suspension will result in a cost savings to the City.

PASSED AND APPROVED this 17th day of January, 2011.

Don “Ho” Miyagawa, Mayor

ATTEST:

Sally Hinrichsen, City Clerk