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HomeMy WebLinkAboutResolution No. 2023-1401-1 KENAI CITY OF KENAI RESOLUTION NO. 2023-14 Sponsored by: City Clerk A RESOLUTION AMENDING THE CITY COUNCIL MOBILE DEVICE USE AND MANAGEMENT POLICY NO. 2017-01 AND RENUMBERING TO POLICY NO. 20.120. WHEREAS, the City Council Mobile Device and Use Management Policy No. 2017-01 was adopted in 2017 through Resolution No. 2017-02, then further amended in 2018 and 2019; and, WHEREAS, the purpose of the policy was to establish rules for users when using City issued devices; and, WHEREAS, it is a best practice to review adopted policies on a regular schedule to ensure the policy remains aligned and suited to the needs of the City; and, WHEREAS, proposed amendments identify the user's responsibility when a device is lost or stolen and the user has changed the iTunes account associated with the device; and, WHEREAS, additional amendments provide that upon completion of a full term, Planning and Zoning Commissioners may keep their City issued Device. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1. That the City Council Mobile Device and Use Management Policy No. 2017-01 is hereby renumbered to City Council Policy No. 20.120. Section 2. That the City Council Policy No 20.120 Mobile Device and Use Manage Policy as amended and attached is hereby adopted. Section 3. That this Resolution takes effect immediately upon passage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 15TR DAY OF FEBRUARY, 2023. Brian Gabriel Sr., Mayor New Text Underlined; [DELETED TEXT BRACKETED] KENAI City o{ Kenai 1 210 Fidalgo Ave, Kenai, AK 99611-7794 1907.283.7535 1 www.kenaixity MEMORANDUM TO: Mayor Gabriel and Council Members FROM: Shellie Saner, City Clerk DATE: February 6, 2023 SUBJECT: Resolution No. 2023-14 - Amending the City Council Mobile Device Use and Management Policy No. 2017-01 and Renumbering to Policy No. 20.120. Policy No. 2017-01 was adopted to establish rules for users of City issued mobile devices or personal devices when utilized to access City information. The recommended amendments would provide that it is the user's responsibility to manage a lost or stolen device shut down if the user removed the City issued iTunes account from the device and would also provide that in addition to Council Members, the Planning and Zoning Commissioners will get to retain their City issued device after completion of a full term. Your consideration is appreciated. r— �' K E N A I CITY COUNCIL - 20.120 [2017-01] Page 1 of 4 MOBILE DEVICE USE & MANAGEMENT Effective Date: January 4, 2017 Last Approved Date: February 15, 2023 See Also: PRO-20.120; TSK-20.120 Approved by: City Council POLICY - 20.120 Mobile Device Use & Management 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. 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. SCODe To establish rules for how City issued mobile devices and personal mobile devices are used and secured within the City of Kenai. Policy [B.] 1. 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 [A] the source of meeting packets for City Council Members and Planning and Zoning Commissioners. [C] 2. 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 mobile 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.] 3. Security of the Mobile Device 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.] 4. Personally Owned Devices Personal mobile devices are not managed by the Kenai City Clerk's Office. For this reason, any support need or issue related to a personal owned device is the responsibility of the device owner. Specifically, the user is responsible for: 1. Settling any service or billing disputes with the carrier: 2. Purchasing any required software not provided by the manufacturer or wireless carrier: 3. Device registration with vendor and/or service provider: 4. Maintaining necessary warranty information: 5. Battery replacement due to failure or loss of ability to hold a charge; 6. Backing up all data, settings, media, and applications: 7. Installation of operating system and software application updates. [F.] 5. Software on Mobile Device 20.120 Mobile Device & Use Management Poky Page 1 of 4 The software and applications installed by the City, or by request of the City, 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 with the City Clerk for periodic instaLts, 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.] 6. 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.] 7. 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. [I.] S. 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.] 9. 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.] 10. Email Usage 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.] 11. Acceptable Use The mobile device, Internet and email access provided are tools for conducting City business. Thus, City use of such tools wilt be primarily for City business related purposes; i.e., to review City 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 20.120 Mobile Device & Use Management Policy Page 2 of 4 r, 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 withoutwritten 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.) 12. 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.] 13. Loss or Theft of the Mobile Device 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. If the user has modified the iTunes account on the device to their personal iTunes account. the user is responsible for disabling the device through their iTunes account If the City issued iTunes account is stilL the account assigned to the device the City Clerk will disable the device. [0.] 14. Return of the Mobile Device [1. CITY COUNCIL MEMBERS] U Upon completion of at Least one full term of service, the City Council Member or planning and Zoning Commission 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] user 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 20.120 Mobile Device & Use Management Policy Page 3 of 4 MEMBERS] user's terms) 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] user 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] user 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'Sj user'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 EMPLOYEE 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.] 15. Indemnification The City bears no responsibility whatsoever for any legal action threatened or commenced due to conduct and activities of [CITY COUNCIL MEMBERS] user in accessing or using these resources. All [CITY COUNCIL MEMBERS] users 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.] 16. 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.] [R.] 17. 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. Brian Gabriel Sr., Mayor ATTEST: Sheltie Saner, MMC, City Clerk Policy History: Resolution No.'s: 2017-02; 2018-67, 2019-38,,2023-14 20.120 Mobile Device & Use Management Policy Page 4 of 4