The URL can be used to link to this page

Home My WebLink About4.b. Conduct biennial review and approve proposed revisions to Board Policy BP 033 - Conducting District Business Using Personal Account Devices Page 1 of 6 Item 4.b. CENTRAL SAN Y-109-ITMEN ME September 6, 2022 TO: ADMINISTRATION COMMITTEE FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT REVIEWED BY: KENTON L. ALM, DISTRICT COUNSEL ROGER S. BAILEY, GENERAL MANAGER SUBJECT: CONDUCT BIENNIAL REVIEW AND APPROVE PROPOSED REVISIONS TO BOARD POLICY BP 033 - CONDUCTING DISTRICT BUSINESS USING PERSONAL ACCOUNT DEVICES Staff has recommended changes to the existing policy, which is being presented for Committee consideration as part of its biennial review. Those changes are reflected in strikeout on the attached copy. For clarity, a non- strikeout version is also provided as Attachment 2. If the Committee concurs, the proposed changes will be brought to the full Board for consideration. Strategic Plan re-In GOAL FOUR: Governance and Fiscal Responsibility Strategy 1 - Promote and uphold ethical behavior, openness, and accessibility ATTACHMENTS: 1. Proposed Revisions to BP 033 (strikethrough) 2. Proposed Revisions to BP 033 (clean draft) September 6, 2022 Regular ADMIN Committee Meeting Agenda Packet- Page 33 of 51 Page 2 of 6 Attachment 1 Number: BP 033 Authority: Board of Directors Effective: January 4, 2018 ==_— Revised: September 15, 2022 Reviewed: MaTGh 3, 2 September 6, 2022 Initiating Dept./Div.: Secretary of the District's Office CENTRALSAN BOARD POLICY CONDUCTING DISTRICT BUSINESS USING PERSONAL ACCOUNTS AND DEVICES (PUBLIC RECORDS) PURPOSE To establish a policy to maintain compliance with the California Public Records Act. POLICY It is the policy of the Board of Directors to ensure that all substantive communications that are prepared, owned, used or retained by the District relating to the conduct of the public's business, regardless of physical form or characteristics, are open to inspection by any person at all times. This includes all electronic and analog formats. (Refer to Gov. Codes § 6252 and 6253).all writings determined to he D, blip Reoorrds are open to 0 nspeGtien by any person at all tomes during regular business hours, Or GOpies are made available UPOR request, URless the WritiRgs are made expressly exempt from irlspeGtierl under provisions of law. (Gov. Code § 6253 sabdj. (a) & (b) ) "R,,hlig RcGerds" business prepared, OWRed, used, or retained by the DiStFiGt regardless Of physiGal form "Writing" , sounds,typewriting, printing, phetestating, photographing, phOtOGOpying, transmitting by eleGtrORiG man! or faGsimile, and every other means of reGording upon aRy ta-r any form of GOMmuniGatiOrl Or representation, OnGlydiRg letters, words, POGWFeS, or symbols, or Gombi.R.ations thereof, arld arly record thereby created, regardless of the manner in which the reGGr ee�stoorred (Gev. Gede § 6252, su,bd. (g).) In addition, to all WFmtmRgS physiGally retairled by the DistriGt or stored OR District eectronig storage systems certain writings communications relating to District business retained by a District employee or Board Member in their personal email or social media accounts, and/or on personal devices (sUGh asi.e., cell phones, tablets, laptops and computers), may also be considered Public Records and be subject to public review. September 6, 2022 Regular ADMIN Committee Meeting Agenda Packet- Page 34 of 51 Page 3 of 6 Number: BP 033 CONDUCTING DISTRICT BUSINESS USING PERSONAL ACCOUNTS AND DEVICES Page 2 of 3 Such records shall also be made available to the public consistent with adherence to proper procedures under prevailing law. All District personnel including Board Members, regular employees, temporary employees, co-ops, summer students and selected long-term contractors shall be subject to this Policy and District procedures adopted to implement this Policy. The SeGretary of the DiStriGt shall be the primarily responsible DiStFiGt OffiGer for required by the California Publin Records Gt District employees and officials are encouraged to avoid conducting District business using personal mobile devices or on non-District accounts.. Ssince L^^niRg appropriate re Ords of all nitric business ,may ^^.r�oodprucR^this is the best way to ensure both that the District has access to Public Records and protection of employees' and officials' privacy. However, DiS{FicTrcGGgnTzsthsonm�Fct employees offmcnals do_ not always Garry a DiStFiGt mobile deviGe and If-, elle-twely Garrying out them DiStFiGt funGtiens may .enally need to use their personally owned mobile deviGe on a non_Dostriot anoo,,nt In that ^vent , To protect individual privacy, District employees and officials should endeavor to: • a)-aAvoid use of texts f^rconducting District business using personal mobile devices or on non-District accounts., and • eUse a District email account for District business. • Conduct calls and texts/chats via their District Microsoft Teams account. • If a nommunination relater! to Dictrint busones is ie-erene-erl or generated on a pPromptly forward or copy any communication (writings)' related to District business conducted on a personal device or non-District to a District efnil account. District IT staff can assist individuals with this process as needed. This Polo . es that information must routinely be provided by staff to entities GLISWFnerS, vender—s' GORtFaGtOrs, developers, and other members of the public. NO-thong On thi-S P010GY is iRtended to restriGt the free exchange ef iRformation between DiStFiGt employees, OffiGials and the publiG on the ordinary GGYrse Of GenduGting Gov. Code Section 6252 (g) defines "Writing"to mean: "...any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored." September 6, 2022 Regular ADMIN Committee Meeting Agenda Packet- Page 35 of 51 Page 4 of 6 Number: BP 033 CONDUCTING DISTRICT BUSINESS USING PERSONAL ACCOUNTS AND DEVICES Page 3 of 3 DiStriGt business. This P010GY OS merely intended to address the obligation of pu agendes to make Pubk ReGords available upon request URder the California Pubk- [Original retained by the Secretary of the District] September 6, 2022 Regular ADMIN Committee Meeting Agenda Packet- Page 36 of 51 Page 5 of 6 Attachment 2 Number: BP 033 Authority: Board of Directors Effective: January 4, 2018 Revised: September 15, 2022 Reviewed: September 6, 2022 Initiating Dept./Div.: Secretary of the District's Office CENTRALSAN BOARD POLICY CONDUCTING DISTRICT BUSINESS USING PERSONAL ACCOUNTS AND DEVICES (PUBLIC RECORDS) PURPOSE To establish a policy to maintain compliance with the California Public Records Act. POLICY It is the policy of the Board of Directors to ensure that all substantive communications that are prepared, owned, used or retained by the District relating to the conduct of the public's business, regardless of physical form or characteristics, are open to inspection by any person at all times. This includes all electronic and analog formats. (Refer to Gov. Codes § 6252 and 6253). In addition, certain communications relating to District business retained by a District employee or Board Member in their personal email or social media accounts, and/or on personal devices (i.e., cell phones, tablets, laptops and computers), may also be considered Public Records and be subject to public review. Such records shall also be made available to the public consistent with adherence to proper procedures under prevailing law. All District personnel including Board Members, regular employees, temporary employees, co-ops, summer students and selected long-term contractors shall be subject to this Policy and District procedures adopted to implement this Policy. District employees and officials are encouraged to avoid conducting District business using personal mobile devices or on non-District accounts since this is the best way to ensure both that the District has access to Public Records and protection of employees' and officials' privacy. September 6, 2022 Regular ADMIN Committee Meeting Agenda Packet- Page 37 of 51 Page 6 of 6 Number: BP 033 CONDUCTING DISTRICT BUSINESS USING PERSONAL ACCOUNTS AND DEVICES Page 2 of 2 To protect individual privacy, District employees and officials should endeavor to: • Avoid conducting District business using personal mobile devices or on non- District accounts. • Use a District email account for District business. • Conduct calls and texts/chats via their District Microsoft Teams account. • Promptly forward or copy any communication (writings)' related to District business conducted on a personal device or non-District to a District account. District IT staff can assist individuals with this process as needed. [Original retained by the Secretary of the District] Gov. Code Section 6252 (g)defines "Writing"to mean: "...any handwriting, typewriting, printing, photostating, photographing, photocopying, transmitting by electronic mail or facsimile, and every other means of recording upon any tangible thing any form of communication or representation, including letters, words, pictures, sounds, or symbols, or combinations thereof, and any record thereby created, regardless of the manner in which the record has been stored." September 6, 2022 Regular ADMIN Committee Meeting Agenda Packet- Page 38 of 51