7530.01 - STAFF USE OF BOARD-OWNED WIRELESS COMMUNICATION DEVICES

School Board of Alachua County

Bylaws & Policies

7530.01 - STAFF USE OF BOARD-OWNED WIRELESS COMMUNICATION DEVICES

The Board will provide wireless communication devices ("WCDs") to employees who by the nature of their job have a routine and continuing business need for the use of such devices for official Board business. WCDs are provided as a tool to conduct Board business and to enhance business efficiencies. WCDs are not a personal benefit and shall not be a primary mode of communication, unless they are the most cost-effective means to conduct Board business (i.e. because some wireless services plans are billed on a time-used basis, Board-owned WCDs should not be used if a less costly alternative method of communication is safe, convenient and readily available).

A "wireless communication device" is a device that emits an audible signal, vibrates, displays a message, or otherwise summons or delivers a communication to the possessor. The following devices are examples of wireless communication devices (WCDs): cellular and wireless telephones, pagers/beepers, personal digital assistants (PDAs), Smartphones, WiFi-enabled or broadband access devices, two-way radios or video broadcasting devices, laptops, and other devices that allow a person to record and/or transmit, on either a real time or delayed basis, sound, video or still images, text, or other information.

The Superintendent is authorized to designate those staff members who will be issued a Board-owned WCD and provided with a wireless service plan. The Superintendent or his/her designee is responsible for verifying:

	A.	the need for each Board-owned WCD and wireless service plan is clearly justified for Board business purposes;

	B.	alternative solutions for work production and communication are considered;

	C.	employees provided with wireless service plans are notified of the purpose and limitations of usage;

	D.	wireless service plan invoices outlining the details of usage are received and reviewed for conformance with this policy; and

	E.	a Board-owned WCD is returned and the corresponding wireless service plan is terminated when it is no longer justified by business requirements, the employee leaves the Board's employment, and/or when the employee has demonstrated a disregard for the limitation of this policy.

No expectation of privacy will exist in the use of WCDs on school premises/property.

Criteria for Issuance of Board-owned WCDs

In deciding which staff members should receive a Board-owned WCD, the Superintendent, or his designee, will consider whether their jobs:

	A.	require them to spend a considerable amount of time (more than fifty percent (50%)) outside of their assigned office or work area during normal working hours and to have regular access to telephone and/or Internet connections;

	B.	require them to be accessible outside of scheduled or normal working hours or to be contacted and respond in the event of an emergency;

	C.	consistently require timely and business-critical two-way communication for site specific or district-wide decision-making, for which there is not reasonable alternative technology;

	D.	have safety requirements that indicate use of a WCD is an integral part of meeting the requirements of the employee's job description.

Employee’s Responsibilities

Possessing a Board-owned WCD is a privilege and all employees are expected to use them in a safe, appropriate and responsible way. Employees are responsible for:

	A.	managing the cost effectiveness of WCD use by utilizing assigned landline and/or designated computers as available and appropriate. Employees should know that using a WCD to place calls outside the immediate area might result in roaming charges, in addition to long distance and regular charges, and that the Board is charged for both outgoing and incoming calls.

	B.	using Board-owned WCDs only for District-related business.

	C.	answering all calls on WCD and promptly responding to any messages.

	D.	Operating vehicles and potentially hazardous equipment in a safe and prudent manner. Employees are prohibited from using WCDs to conduct Board business while operating vehicles or equipment. In the interest of safety for both Board employees and other drivers, employees are required to comply with all applicable laws while driving.

	E.	the safekeeping, care and custody of the WCDs assigned to them. Employees are responsible for the cost of misuse, intentional damage or reckless loss of the WCDs provided to them. Reasonable precautions should be taken to prevent unauthorized use/access to, or loss, damage, theft and/or vandalism to said devices.

Each employee issued a Board-owned WCD may be required to review the monthly statement for billing accuracy, then sign and date it verifying the employee's review and attesting that there are no charges for personal use, including calls, text messages, instant messages or e-mails.

Upon separation from employment, or at any time upon request, the employee may be asked to produce the WCD for return or inspection. Employees unable to present the device in good working condition within a specified period (e.g. twenty-four (24) hours) will be expected to bear the cost of a replacement. Employees who separate from employment with outstanding debts for equipment loss or unauthorized charges will be considered to have left employment on unsatisfactory terms and may be subject to legal action for recovery of the loss.

Wireless Service Plans

Wireless service plans are expected to be set at the minimum level that fulfills the District’s needs. The wireless service plan that is selected should be the one that provides a combination of services including number of minutes, coverage, and local call zone most nearly matching the District’s needs. In all cases, the Superintendent shall take the steps necessary to secure the most economical and responsible service available.

An annual review of the service plans available shall be made to determine if the District's wireless service plans are the most economical and responsible available. Any change in provider and/or adjustments to service plans shall be presented to the Board for consideration and approval.

Prohibited Uses

Staff are prohibited from using:

A.	WCDs to capture or transmit in any way information to threaten, humiliate, harass, embarrass or intimidate another person. (See Policy 1362, Policy 3362, and Policy 4362, Anti-Harassment) In particular, they are prohibited from using their WCDs to:

	1.	transmit material that is threatening, obscene, disruptive, or sexually explicit or that can be construed as harassment or disparagement of others based upon their race, national origin, sex, sexual orientation, age, disability, religion, or political beliefs; and

	2.	send, share, view or possess pictures, text messages, e-mails or other materials of a sexual nature (i.e., sexting) in electronic or any other form.

	"Sexting" is the knowing transmission or distribution to another person, through a computer or similar device, of any photograph or video of any person that depicts nudity. Sexting also includes possessing a photo of any person that was transmitted or distributed by another person that depicts nudity.

	Violation of these prohibitions shall result in disciplinary action and may be reported to local law enforcement.

B.	Using a WCD to conduct Board business through text messaging, private e-mail accounts or non-approved social media networking sites.

C.	Transferring their Board-owned WCD to any other employee without prior notification and approval of the Superintendent. Any alteration or switching of Board-owned WCDs must be approved in advance by the Superintendent.

D.	Transferring a previous personal cellular telephone number to a Board-owned WCD.


		Cellular telephone numbers provided by the Board, via contract with a wireless service provider/vendor, are considered business numbers of the District which shall remain and belong to the Board for its use, unless otherwise changed by the service provider/vendor or as mandated by the Federal Communications Commission.

Use of Board-owned WCDs for Personal Use

Except in an emergency, Board-owned WCDs are not to be used to place calls or send/receive e-mails, of a personal nature, or access the Internet for personal business. An "emergency" is a situation that presents an imminent threat to the safety, health, or welfare of an individual.

Duty to Maintain Confidentiality

Employees are subject to all applicable policies and guidelines pertaining to the protection of the security, integrity and availability of the data stored on their Board-owned WCDs.

Wireless communications may not be secure. Therefore, employees should use discretion in relaying confidential information, particularly as it relates to students.

Except in connection with job responsibilities or in emergency situations, employees are prohibited from using WCDs to capture, record or transmit the words (i.e. audio) and/or images (i.e. pictures/video) of any student, staff member or other person in the school or while attending a school-related activity, without express prior notice and explicit consent for the capture, recording or transmission of such words or images.

Public and Student Record Requirements

E-mails sent and/or received by a public employee or school official using a WCD may constitute public records if the content of the message concerns District business, or an education record if the content includes personally identifiable information about a student.

Wireless communications that are public records are subject to retention and disclosure, upon request, in accordance with Policy 8310, Public Records. Wireless communications that are student records should be maintained pursuant to Policy 8330, Student Records.

Wireless communications and other electronically stored information (ESI) stored on the staff member's Board-owned WCD may be subject to a Litigation Hold pursuant to Policy 8315, Information Management.

Staff are required to comply with District requests to produce copies of wireless communications in their possession that are either public records or education records, or that constitute ESI that is subject to a Litigation Hold.

Privacy Issues

WCDs may not be used at any time where reasonable expectation of personal privacy exists. These locations and circumstance include but are not limited to locker rooms, shower facilities, restrooms, and any other areas where students or others may change clothes or be in any stage or degree of disrobing or changing clothes. The Superintendent has authority to make determinations as to other specific locations and situations where use of a WCD is absolutely prohibited.

The Board reserves the right to audit all Board-owned WCDs, which will include but not be limited to, a review of the detailed monthly statement. The detailed monthly service statements for all Board-owned WCDs as well as invoices and payment documents related to these accounts are public records and, as such, may be subject to disclosure and review.

Potential Disciplinary Action/Cancellation of Board-Owned WCD

Any employee who makes excessive personal use of his/her Board-owned WCD except in case of emergency, shall be subject to disciplinary action.

Violation of this policy may constitute just cause for disciplinary action up to and including termination. Use of the WCD in any manner contrary to local, State or Federal laws will constitute misuse, and will result in the Board immediately canceling the employee's privilege to use a Board-owned WCD and return of the device.

Adopted 7/17/07
Revised 3/20/12