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Home My WebLink About05. Approve revisions to Board Policy No. BP 033 Page 1 of 7 Item 5. CENTRAL SAN BOARD OF DIRECTORS POSITION PAPER MEETING DATE: SEPTEMBER 15, 2022 SUBJECT: APPROVE REVISIONS TO BOARD POLICY NO. BP 033 - CONDUCTING DISTRICT BUSINESS USING PERSONAL ACCOUNTS AND DEVICES SUBMITTED BY: INITIATING DEPARTMENT: KATIE YOUNG, SECRETARY OF THE SECRETARYOF THE DISTRICT DISTRICT Roger S. Bailey Kenton L. Alm General Manager District Counsel ISSUE Changes to Board policies require Board approval. The Board is asked to consider acceptance of minor revisions that would amend the referenced Board Policy. BACKGROUND Staff brought before the Administration Committee the aforementioned Board policy for a biennial review with proposed revisions. The proposed revision also includes a slight amendment to the policy title for clarification purposes. The Administration Committee recommended an additional update which has been incorporated. When revisions are recommended, the Board Policy is brought before the full Board for consideration, which is hereby attached and shown in a strikeout version. ALTERNATIVES/CONSIDERATIONS The Board could choose not to adopt the proposed revisions or provide other direction to staff. September 15, 2022 Regular Board Meeting Agenda Packet- Page 24 of 104 Page 2 of 7 FINANCIAL IMPACTS None. COMMITTEE RECOMMENDATION The Administration Committee reviewed the proposed changes at its September 6, 2022 meeting and recommended Board approval of the proposed changes. RECOMMENDED BOARD ACTION Approve the proposed revisions, including policy title update, to Board Policy BP 033 - Conducting District Business Using Personal Accounts and Devices (Public Records). 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 15, 2022 Regular Board Meeting Agenda Packet- Page 25 of 104 Page 3 of 7 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 § 6253sabdj. (a) & (b) ) "R,,hliG RcGerds" business prepared, OWRed, used, or retained by the DiStFiGt regardless Of physiGal form or GharaGteFiStOGS. (Gov. Code § 6252, subd. (e).) "Writing" , sounds,typewriting, printing, phetestating, photographing, phOtOGOpying, transmitting by eleCtrOROG 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 WFitirlgS physiGally retairled by the DistriGt or stored OR District eeGtreniG sterane systems certain miscommunications 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 15, 2022 Regular Board Meeting Agenda Packet- Page 26 of 104 Page 4 of 7 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, including the application of legally recognized confidentiality privileges. 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 District shall be the primarily reSPORsible DistriGt officer fOr MRSUriRg required by the Galifnrnia Public Records /- District employees and officials are encouraged to avoid conducting District business using personal mobile devices or on non-District accounts.. Ssince keeping appropriate TeGOrds of all District bySi-Ress--is always good praGtiGe,-this is the best way to ensure both that the District has access to Public Records and protection of employees' and officials' privacy. However, the DiStriGt recognizes that some DistriGt employees and OffiGials do not always Garry a DiStriGt mobile deViGe and for effeGtovely Garrying out then a nnn_DictriGt aGGOUnt In that eyepv To protect individual privacy, District employees and officials should endeavor to: • T}-aAvoid use of texts fnrconducting District business using personal mobile devices or on non-District accounts., and 2) • eUse a District email account for District business. • Conduct calls and texts/chats via their District Microsoft Teams account. pPromptly forward or copy any communication (writings)' related to District business conducted on a personal device or non-District to a District email account. District IT staff can assist individuals with this process as needed. This PoIncy reGOgRizes that iRfermatieR MUSt MUtiRely be provided by staff to eRtitie-s Gustomers, vendors, Gonsultants, contraGtors, developers, and other members of the publiG. NO-thong On this- P010GY iS intended te reStFiGt the free eXGhange of infermatien 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 15, 2022 Regular Board Meeting Agenda Packet- Page 27 of 104 Page 5 of 7 Number: BP 033 CONDUCTING DISTRICT BUSINESS USING PERSONAL ACCOUNTS AND DEVICES Page 3 of 3 C?onr�r�c Act [Original retained by the Secretary of the District] September 15, 2022 Regular Board Meeting Agenda Packet- Page 28 of 104 Page 6 of 7 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, including the application of legally recognized confidentiality privileges. 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 15, 2022 Regular Board Meeting Agenda Packet- Page 29 of 104 Page 7 of 7 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 15, 2022 Regular Board Meeting Agenda Packet- Page 30 of 104