Loading...
HomeMy WebLinkAbout04.a. Conduct Biennial review of the following Board Policies: BP 014 - District-Owned Mobile Devices for Board Members BP 033 - District business personal account and devices BP 034 - Ethics Hotline reporting BP 040 - Electronic signatures and approvalPage 1 of 8 Item 4.a. F__1_448�411C_S0 December 3, 2024 TO: ADMINISTRATION COMMITTEE FROM: KATIE YOUNG, SECRETARYOF THE DISTRICT REVIEWED BY: ROGER S. BAILEY, GENERAL MANAGER SUBJECT: CONDUCT BIENNIAL REVIEW OF THE FOLLOWING BOARD POLICIES: • BP 014 - DISTRICT -OWNED MOBILE COMPUTING DEVICES FOR BOARD MEMBERS • BP 033 -CONDUCT DISTRICT BUSINESS USING PERSONAL ACCOUNTAND DEVICES • BP 034 - ETHICS HOTLINE REPORTING PROTOCOL • BP 040 - ELECTRONIC SIGNATURES AND APPROVALS Attached are copies of the above -referenced Board Policies, which are being presented to the Committee for biennial review. Staff has no recommended changes to these existing policies. If the Committee concurs, the policies will remain as is and will be reviewed again in two years. However, if the Committee recommends changes, the policy will be brought to the full Board for consideration of any proposed revisions. Strategic Plan Tie -In GOAL ONE: Customer and Community Strategy 1— Deliver high -quality customer service GOAL TWO: Environmental Stewardship Strategy 2 - Educate on pollution prevention and environmental protection, Strategy 4 - Identify and advance sustainability initiatives, including reducing energy usage and emissions GOAL THREE: Workforce Diversity and Development Strategy 1 - Recruit from a diverse pool of qualified applicants, Strategy 3 - Retain skilled workers by investing in resources and opportunities for all employees to grow and thrive December 3, 2024 Regular ADM IN Committee Meeting Agenda Packet - Page 20 of 102 Page 2 of 8 ATTACHMENTS: 1. BP 014 - District -Owned Mobile Computing Devices for Board Members 2. BP 033 - Conducting District Business Using Personal Accounts and Devices 3. BP 034 - Ethics Hotline Reporting 4. BP 040 - Electronic Signatures and Approvals December 3, 2024 Regular ADMIN Committee Meeting Agenda Packet - Page 21 of 102 Page 3 of 8 ATTACHMENT 1 Number: BP 014 Authority: Board of Directors Effective: March 20, 2014 Revised: August 4, 2022 Reviewed: ju'��202-2December 3, 2024 Initiating Dept./Div.: SOD/ADMIN BOARD POLICY CENTRAL SAM DISTRICT -OWNED MOBILE COMPUTING DEVICES FOR BOARD MEMBERS PURPOSE To establish a policy for providing mobile computing devices to Board Members to facilitate a paperless agenda process at the District and/or remote participation in virtual District Board and Committee meetings during certain emergency situations (such as a pandemic). When District -owned devices (such as tablets and laptops) are furnished to Board Members, the parameters set forth below will apply. If a Board Member utilizes a personal mobile computing device rather than a District -owned device to access Board and Committee agenda packets, only items 8 through 10 will apply. POLICY District -Owned Mobile Computing Devices Offered to All Board Members: The District will offer to purchase District -owned mobile computing device(s) for any Board Member wishing to utilize the device to access the District's electronic agenda packets and/or participate remotely in District Board and Committee meetings. The specifications of the device(s) must meet standards set by the Information Technology Manager. 2. Accessories, Etc.: Any District -owned tablet will include at District expense Wi- Fi and cellular data capability, extended warranty, protective case, software applications, charging cables, training and support, as necessary to conduct District business. 3. District Email Accounts: All Board Members must be offered a District email account through which all District business should be conducted. Board Members are strongly encouraged to use their District email account for District business. 4. Personal Use: Personal use of a District -owned mobile computing device is permitted at the discretion of the Board Member. 5. Cellular Data Plan: A District -owned tablet will be provided with a cellular data plan at a level sufficient to conduct District business at no cost to the Board Member. December 3, 2024 Regular ADM IN Committee Meeting Agenda Packet - Page 22 of 102 Page 4 of 8 Number: BP 014 DISTRICT -OWNED MOBILE COMPUTING DEVICES FOR BOARD MEMBERS Page 2 of 2 6. End of Board Member Tenure: Any District -owned mobile computing device must either be relinquished to the District upon conclusion of a Board Member's tenure or purchased by the Board Member at current market value as quoted on Gazelle.com (or similar valuation method), at which time the device will become the personal property of the owner. Upon transfer of ownership, any data plan on the device shall be cancelled by the District. 7. Loss/Theft/Damage: If a District -owned mobile computing device is lost, stolen or damaged, the Board Member must notify the Secretary of the District immediately. All District -owned devices are required to have a password to block access to the District email account in the event the device is lost or stolen. All new District -owned mobile computing devices must be encrypted or have software installed on them that will allow staff to remotely erase the device if necessary. 8. Personal Mobile Computing Devices: Any Board Member wishing to utilize a personal mobile computing device rather than a District -owned device to access Board and Committee agenda packets must bear all costs associated with that device, including any cellular data plan; however, the District will reimburse any such Board Member for the cost of software applications necessary to conduct District business. 9. E-Communications During Meetings: Mobile computing devices are provided to Board Members for use during Board and Committee meetings to access the District's paperless agenda materials and/or to participate remotely in District Board and Committee meetings. Use of electronic devices to communicate with other Board Members during public Board or Committee meetings is prohibited by this policy. In the event such meetings are conducted remotely, Board Members are prohibited from communicating with other Board Members electronically (such as using the chat function in Microsoft Teams) as it is not available to the public and could result in a violation of the Brown Act. Any other electronic communication during public Board or Committee meetings is discouraged. The goal is for Board Members to be present and engaged in the meeting. The Brown Act must be adhered to with all electronic communications. 10. Public Records Act/Due Process: District records, whether paper or electronic, are governed by the public disclosure requirements of the California Public Records Act. In the event that a message is received by a member of the Board or Committee during a meeting regarding a matter that is on the agenda for said meeting, the content of the message shall be disclosed publicly to the entire Board or Committee as it has been received during the consideration of the matter at an open and public meeting. It will become a part of the public record. [Original Retained by the Secretary of the District] December 3, 2024 Regular ADM IN Committee Meeting Agenda Packet - Page 23 of 102 Page 5 of 8 ATTACHMENT 2 Number: BP 033 Authority: Board of Directors Effective: January 4, 2018 Revised: September 15, 2022 Reviewed: September 3, 2024 December 3, 2024 Initiating Dept./Div.: Secretary of the District's Office 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 § 7922.500-605). 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. December 3, 2024 Regular ADM IN Committee Meeting Agenda Packet - Page 24 of 102 Page 6 of 8 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 7920.545 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." December 3, 2024 Regular ADM IN Committee Meeting Agenda Packet - Page 25 of 102 Page 7 of 8 ATTACHMENT 3 Number: BP 034 Related Admin. Procedure: AP 034 Authority: Board of Directors Effective: June 7, 2018 Revised: December 15, 2022 Reviewed: DeGernber 62022December 3, 2024 Initiating Dept./Div.: Administration/SOD BOARD POLICY ETHICS HOTLINE REPORTING PROTOCOL PURPOSE To establish a policy on reporting mechanisms for processing anonymous information received from employees or members of the public via a third -party hotline service (WeTip), provided by the California Sanitation Risk Management Authority (CSRMA), for reporting potential fraud or misconduct. POLICY The Board of Directors supports making available an opportunity to anonymously report any potential fraud or misconduct at Central San. The reporting avenue shall preserve anonymity and be separate from Central San management's normal reporting structure to prevent any potential barriers to the reporting of potential wrongdoing. As such, the Secretary of the District, or her delegate, shall be responsible for cataloging and reporting information received via the hotline service to the General Manager, and District Counsel. The Board President shall be notified of any calls to the hotline involving those holding executive management positions as defined in Section 4.24.030.A.2. of the District Code (General Manager, Counsel for the District, and Secretary of the District). Reported matters pertaining to a Board Member(s) shall be provided to the General Manager and District Counsel for review. WeTip will maintain confidential reporting and not record the person's identity. However, should the employee not wish to be anonymous, the employee shall be protected from retaliation. [Original retained by the Secretary of the District] December 3, 2024 Regular ADMIN Committee Meeting Agenda Packet - Page 26 of 102 Page 8 of 8 ATTACHMENT 4 Number: BP 040 Related Admin. Procedure: Pending Authority: Board of Directors Adopted: July 16, 2020 Revised: July 21, 2022 Reviewed: July F,� 2022December 3, 2024 Initiating Dept./Div.: Administration/SOD BOARD POLICY ELECTRONIC SIGNATURES AND APPROVALS PURPOSE To establish a policy on the use of electronic signatures and approvals on District documents. POLICY In furtherance of its objectives to embrace innovation, increase efficiencies, and encourage the use of paperless electronic documents, it is the policy of the Board of Directors to support the use of electronic signatures on District documents and to support the use of electronic approvals as part of the District's enterprise resource planning (ERP) system. To the fullest extent permitted by law, Central San accepts electronic signatures on District documents as legally binding and equivalent to handwritten signatures to signify an agreement in accordance with California Government Code Section 16.5. For authorized documents under this policy where state or federal laws, regulations, or rules require a handwritten signature, that requirement is met if the document contains an electronic signature, unless otherwise prohibited by such laws, regulations or rules. The General Manager or designee is responsible for determining acceptable technologies and vendors for electronic signatures to ensure the security and integrity of any data and signatures, and shall comply with all applicable regulations, including but not limited to ensuring that the level of security used to identify the signer of a document and transmit the signature are sufficient for the transaction being conducted. Documents which may require signature notarization, such as real property documents, will continue to be performed in -person for visual verification. The use, or Central San's acceptance, of an electronic signature is at the option of Central San and the signer(s). Nothing in this policy requires Central San to use or accept the submission of a document containing an electronic signature. [Original retained by the Secretary of the District] December 3, 2024 Regular ADMIN Committee Meeting Agenda Packet - Page 27 of 102