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HomeMy WebLinkAboutResolution No. 2019-38Sponsored by: Council Member Knackstedt CITY OF KENAI RESOLUTION NO. 2019-38 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING CITY COUNCIL POLICY 2017-01, PROCEDURES FOR THE USE AND MANAGEMENT OF CITY ISSUED MOBILE DEVICES, TO PROVIDE PROCEDURES FOR PLANNING AND ZONING COMMISSION USE AND MAKE OTHER HOUSEKEEPING AMENDMENTS. WHEREAS, the City Council implemented a policy in January 2017 to govern their use of mobile devices issued by the City; and, WHEREAS, at the time the policy was implemented, there was no provision for a mobile device for Planning and Zoning Commission members; and, WHEREAS, the City Council recognizes the need to establish criteria governing the use and management of a City issued mobile device for Planning and Zoning Commission members; and, WHEREAS, City issued mobile devices are intended to replace the paper meeting packets that are produced for the Mayor, Council Members, Student Representative, Planning and Zoning Commission, and certain staff that support those bodies. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council of Kenai adopts Resolution No. 2019-38 amending Policy No. 2017-01 (attached) that will govern the use and management of City issued mobile devices to Planning and Zoning Commission members. Section 2. That this resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 19th day of June, 2019 BRIAN GABRIEL, SR., MAYOR ATTEST: Attachment A of Resolution No. 2019-38 POLICY NO. 2017-01: KENAI COUNCIL MOBILE DEVICE USE & MANAGEMENT A. Purpose The City of Kenai recognizes the benefits of utilizing digital communication and information, and supports the utilization of the mobile devices by the Mayor, aad City Council Members, Planning and Zoning Commissioners, and certain support staff. Users of City issued mobile devices acknowledge, understand and agree to the underlying mobile device and internet usage philosophy that form the basis of this policy. B. Receipt of Mobile Device The City Clerk's Office will issue and administer the use of City owned mobile devices that include appropriate applications for use relating to City business. The City owned mobile device will serve as the sele a source of meeting packets for City Council Members and Planning and Zoning Commissioners. C. Care of Mobile Device Users are responsible for the general care of the City owned mobile device that they have been issued by the City. City owned Mmobile devices must remain free of any writing, drawing, stickers, or labels that are not the property of the City. Only a clean soft cloth should be used to clean the screen. D. Security of the Mobile Device TheGityGeunGilMembe Users shall maintain a secure PIN or other password protection to avoid access by unauthorized users. The PIN must be provided to the City Clerk and through the City Clerk's Office made accessible to the Information Technology (IT) Manager. The PIN may not be shared with any unauthorized users. E. Personally Owned Devices Specifically, the user is responsible for: 1. 2. 3. 4. 5. 6. 7. F. Software on Mobile Device The software and applications installed by the City, or by request of the Citv, must remain on the mobile device in usable conditions and be readily accessible at all times. The user may not remove any software or applications installed by the City. From time to time, the City may add or upgrade software applications such that users may be required to check in their mobile devices Kenai City Council Policy No. 2017-01 (AMENDED) Attachment A for Resolution No. 2019-38 with the City Clerk for periodic installs, updates, and syncing. In the event it becomes necessary to restore a mobile device to its original condition, the City will not be held responsible for the loss of any software or documents or pictures deleted due to a re -format and re-imaging. Files from sources that a user may have any reason to believe may be untrustworthy shall not be downloaded, nor shall files attached to email transmissions be opened and read unless the user has knowledge that they originate from a trustworthy source. Downloaded files and attachments may contain viruses or hostile applications that could damage the City's information systems. Users will be held accountable for any damage caused by files obtained for non -City business purposes. G. Life of the Mobile Device City issued mobile devices will be assessed annually and, if necessary, the City will purchase upgraded devices through the budgeting process. H. WARNING —NO PRIVACY Communications made via City issued devices may be subject to disclosure under the Kenai Municipal Code Chapter 10.40, Release of Public Records, the Alaska Public Records Act or for litigation purposes unless a privilege or exception exists that justifies withholding the information. 1. Audits All City issued mobile devices are subject to audit by the City. Excessive data usage may be investigated, and any additional costs that cannot be justified for official City purposes may be passed on to the user of the device. If contacted, users have three business days to provide their mobile device to the City Clerk. They will be provided a "loaner" to use in the interim. Typically, the mobile device will be returned to the user within five business days. J. Representations While operating a City issued mobile device a user advocating, advancing or expressing any individual religious, political or personal views or opinions must clearly indicate that their views are personal and not those of the City. Users may not represent their statements as official City policy unless authorized to do so. K. Email Usane for City Business For the purposes of activity related to City business, the user shall conduct all email communication through their assigned City email account, if applicable. All emails on the City email account are archived and retained by the City. This account shall be synced to the mobile device as well, but all City related business must be conducted through the City email address or copied to the City email address if the user's personal email box is used. Where possible, the user's assigned City email account must be configured as the primary or default account on the mobile device. L. Acceptable Use The mobile device, Internet and email access provided are tools for conducting City business. Thus, City use of such tools will be primarily for City business related purposes; i.e., to review City Page 2 of 5 Kenai City Council Policy No. 2017-01 (AMENDED) Attachment A for Resolution No. 2019-38 agenda materials and obtain useful information for City related business communications as appropriate. All of the City's computer systems, including the mobile device, are considered City property. Mobile device, Internet and email activities will be traceable to the City and will impact the reputation of the City. City issued mobile devices shall not be used to send or knowingly download any vulgar, discriminatory or pornographic content. Users shall refrain from making any false or defamatory statements, or from disclosing private facts without written authorization by the affected parties, in any Internet forum or from committing any other acts that could expose the City to liability. City issued mobile devices are not to be used for operating a business for personal gain, sending chain letters or any other purpose that interferes with the normal City business activities. Users shall not use City issued mobile devices for any illegal activity. Users will not store any protected City data (SSNs, Credit Card Numbers, Health information, etc.) on the mobile device. Users shall not use the mobile device during or outside of a city council meeting in any way that violate the Open Meetings Act requirements of the State of Alaska and the City of Kenai. Mobile device users are allowed to have music, photos, videos and install apps on their mobile device; however, the items downloaded and synced to the mobile device must be in compliance with Federal copyright laws and shall be acquired at the expense of the user. Any apps downloaded by the user must originate from official sources. Users are encouraged to limit photos and videos, as the amount of digital storage available on the mobile device is limited. If at any time user purchased content or application interfere with the proper operation of the mobile device, at the City's sole discretion, user purchased content and applications may be removed to ensure proper operation of the mobile device. M. User Responsibility It is the responsibility of the user to ensure the City provided mobile device is kept reasonably safe, protected from damage or theft. Mobile devices must remain free of any writing, drawing stickers or labels that are not the property of the City. Should a mobile device be accidentally lost, damaged or stolen, responsibility shall be as follows: 1. First time: City shall repair or replace at no cost to the user. 2. Second time: The City shall pay half the cost of repair or replacement and the user shall pay half the cost. 3. Third time: The user shall be entirely responsible for repair or replacement costs and shall replace the unit within two weeks of the equipment loss. Mobile devices that are damaged or destroyed through intentional misuse must be repaired or replaced at the user's expense. Exceptions for situations that are due to extenuating circumstances may be authorized by the Mayor. N. Loss or Theft of the Mobile Device=RewaeteaAFiee The user of the device must notify the Clerk's Office immediately or as soon as practicable upon loss, theft or suspected loss/theft of the device. WhBF9 Passible, the G9149AW ef the devise well be Page 3 of 5 Kenai City Council Policy No. 2017-01 (AMENDED) Attachment A for Resolution No. 2019-38 O. Return of the Mobile Device 1. City Council Members Upon completion of at least one full term of service, the City Council Member may retain their City issued mobile device for their personal use following the purge of all information and City software. The City Council Member shall therefore return their mobile device to the Clerk's Office when the individual member's term of service has ended. Upon completion of the Council Member's term(s) of service, which must include one full term, the mobile device will be wiped clean of any and all information at the end of the term of service. After it is wiped clean, the City Council Member will be given the option to retain the mobile device for personal use as a token of appreciation for their services. In the event the City Council Member does not serve a full term, the mobile device will be returned to the City Clerk's Office. It will be the City Council Member's responsibility to remove any personal data from the device prior to returning the device to the City Clerk's Office where it will be purged of all information. 2. Planning and Zoning Commission Members and Support Staff When the individual's term and/or service as a Planning and Zoning Commissioner or emplovee has ended, the user shall return their mobile device to the City Clerk's Office. It will be the user's responsibility to remove any personal data from the device prior to returning the device to the City Clerk's Office. Upon return of the mobile device to the City, records and documents will be saved and stored according to the City's record retention schedule. Before issuing to another user, the mobile device will be wiped clean of any and all information. P. Indemnification The City bears no responsibility whatsoever for any legal action threatened or commenced due to conduct and activities of City Council Members in accessing or using these resources. All City Council Members agree to indemnify and hold harmless the City against any and all claims of any kind or nature whatsoever for damages, including tangible and intangible damages, costs and expenses suffered by the City arising out of any unlawful or improper conduct and activity, and in respect of any action, settlement or compromise, or any statutory infringement. Legal prosecution following a breach of these conditions may result independently from any action by the City. Q. Student Representative The City Clerk's Office will issue and administer the use of a mobile device for the Student Representative to the City Council, which will include appropriate applications for use relating to City business conducted by the Student Representative. In addition to the policies listed herein, the student's device will be maintained in the Office of the City Clerk and provided to the Student Representative, loaded with any necessary meeting material, for all regular and special City Council meetings and all work sessions. The device will be returned to the City Clerk or the City Clerk's representative after each meeting or work session. Page 4 of 5 Kenai City Council Policy No. 2017-01 (AMENDED) Attachment A for Resolution No. 2019-38 R. Compliance with Policy The City reserves the right to inspect any and all files stored on mobile devices that are the property of the City in order to ensure compliance with this policy. Users do not have any personal privacy right in any matter created, received, store in or sent from any City issued mobile device, and the City Clerk is hereby authorized to institute appropriate practices and procedure to ensure compliance with the policy. Any violation of this policy may result in discipline pursuant to Council direction. I hereby certify that I have received a written copy of the Electronic Device Policy. I have read and fully understand the terms of this policy and agree to abide by it. Signed: Dated: Device Serial Number: (Printed Name) Effective Date: June 19, 2019 Approved by Resolution 2017-02 Amended by Resolution 2018-67 Amended by Resolution 2019-38 Page 5 of 5 7/11ape wid a Past Citi wid a Frare _ 210 Fidalgo Ave, Kenai, Alaska 99611-7794 Telephone: (907) 283-7535 1 Fax: (907) 283-3014 the city of www.kenai.city KENAI, ALASKA NV MEMORANDUM TO: Mayor Brian Gabriel and Kenai City Council FROM: Council Member Knackstedt DATE: June 6, 2019 SUBJECT: Resolution No. 2019-38 — Amending Mobile Device Policy At their May 8 Planning and Zoning Commission meeting a request was made that iPads be provided for the Planning and Zoning Commission members and during the budget process, funds were identified which fulfill that request. As such, the Mobile Device Policy should be amended to include provisions for the Planning and Zoning Commission members. The provisions I've proposed for the Planning and Zoning Commission members requires that the devices be returned after the individual's service has ended and the device be preserved and maintained for the use of a future Planning and Zoning Commission member. This policy to return the device at the end of the individual's service is consistent with the Kenai Peninsula Borough, City of Soldotna, City of Palmer, Ketchikan Gateway Borough, and City and Borough of Sitka. Adoption of this resolution will make the Planning and Zoning Commission paperless, resulting in cost benefits and staff efficiencies. Paper copies of the Planning and Zoning packet will still be provided at the door for the public at the time of the meeting. The Airport Commission has been successfully paperless for several years, so this is a logical next step for our commissions and committees. Your consideration is appreciated.