The School Board of Indian River County
Bylaws & Policies
Unless a specific policy has been amended and the date the policy was revised is noted at the bottom of that policy, the bylaws and policies of The School Board of Indian River County were adopted on August 13, 2013.
 

7530.01 - BOARD-OWNED WIRELESS COMMUNICATION DEVICES

The School Board will provide wireless communication devices ("WCDs") (as defined in Bylaw 0100) 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. Board-owned cell phones 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 cellular telephone services plan are billed on a time-used basis, Board-owned cell phones should not be used if a less costly alternative method of communication is safe, convenient, and readily available).

The Superintendent shall designate those staff members who will be issued a Board-owned cell phone and provided with a cellular telephone and/or wireless Internet/data service plan.

The Superintendent or his/her designee is responsible for verifying:

 A.the need for each Board-owned cell phone and related service plan is clearly justified for Board business purposes;

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

 C.employees provided with cellular and/or wireless Internet/data service plans are notified of the purpose and limitations of usage;

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

 E.employees reimburse the Board for non-business use; and

 F.a Board-owned cell phone is returned and the corresponding cellular telephone and/or wireless Internet/data 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.

Cellular and wireless Internet/data service plans are expected to be set at the minimum level that fulfills the business need for the position in question. The service plan that is selected for an employee should be the one that provides a combination of services including number of minutes, coverage, and local call zone most nearly matching the employee's recurring business needs as well as whether or not the service plan includes text messaging, instant message, and/or e-mail capability, and ability to access the Internet. If the service plan is based on minutes used for calls made or includes a charge regarding e-mail or instant messages, the smallest plan available to accommodate the particular business need shall be utilized.

Possessing a Board-owned cell phone and/or other WCD is a privilege and all employees are expected to use them appropriately and responsibly. Employees are responsible for managing the cost effectiveness of their cell phone and/or WCD use by utilizing assigned landline and/or designated computers as available and appropriate.

In order to continue to be eligible to receive a Board-owned cell phone, staff members are required to answer all calls on his/her Board-owned cell phone and promptly respond to any messages.

In order to continue to receive a Board-owned cell phone and/or other WCD, non-exempt employees are required during his/her regular work hours to answer all calls on his/her cell phone and promptly respond to any messages. Non-exempt employees are not permitted to work remotely via their Board-owned WCD outside regular work hours without prior authorization from their supervisor. In other words, unless they are directed to provide an immediate response, all e-mails/texts/calls should be responded to only during regular work hours. Non-exempt employees must maintain a written record of all time spent preparing and/or responding to e-mails/texts and placing and/or answering calls.

Safe and Appropriate Use of Board-Owned WCDs, Including Cell Phones

Employee safety is a priority of the Board and responsible use of Board-owned WCDs, including cell phones, requires safe use. (see Policy 7530.02 - Staff Use of Wireless Communication Devices)

Employees may not use a WCD in a way that might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed, or intimidated.

In accordance with Policy 8625 and subject to the definitions therein, employees shall not operate a Board-owned motor vehicle at any time, or a personal vehicle while driving to/from any location on school business, while manually typing or entering multiple letters, numbers, symbols, or other characters into a wireless communications device or while sending or reading messages on such a device for the purpose of non-voice interpersonal communication, including, but not limited to, communication methods known as texting, e-mailing, instant messaging, and snap chatting. Furthermore, an employee who violates this prohibition is subject to disciplinary action, up to and including termination.

Duty to Maintain Confidentiality of Student Personally Identifiable Information; Public and Student Record Requirements

Employees are subject to all applicable policies and procedures pertaining to protection of the security, integrity, and availability of the data stored on their Board-owned WCDs. (See Policy 7530.02 - Staff Use of Wireless Communication Devices)

When the Board intends to dispose of, or otherwise stop using, a Board-owned WCD on which an employee has maintained public records, student records and/or ESI that is subject to a litigation hold, the Information Technology (IT) department/staff shall verify such records are properly transferred to an alternative storage device, before disposing of, or otherwise ceasing to use, the WCD. The IT department/staff is responsible for securely deleting such records/ESI before disposing of, or ceasing to use, the Board-owned WCD. The IT department/staff is responsible for maintaining documentation concerning the actions it takes to comply with this requirement.

Employees are subject to all applicable policies and procedures pertaining to protection of the security, integrity, and availability of the data stored on their Board-owned WCDs. (See Policy 7530.02 - Staff Use of Wireless Communication Devices)

When the Board intends to dispose of, or otherwise stop using, a Board-owned WCD on which an employee has maintained public records, student records and/or ESI that is subject to a litigation hold, the IT department/staff shall verify such records are properly transferred to an alternative storage device, before disposing of, or otherwise ceasing to use, the WCD. The IT department/staff is responsible for securely deleting such records/ESI before disposing of, or ceasing to use, the Board-owned WCD. The IT department/staff is responsible for maintaining documentation concerning the actions it takes to comply with this requirement.

Employee's Responsibilities

Employees are responsible for the safekeeping, care, and custody of the Board-owned WCDs assigned to them. Further, employees are responsible for the cost of misuse, intentional damage, or reckless loss of the Board-owned WCDs provided to them. The Board does not provide or purchase insurance to cover loss or damage to its WCDs.

Reasonable precautions should be taken to prevent theft, loss, or damage to, or misuse or unauthorized use/access to Board-owned WCDs. Upon resignation or termination of employment, or at any time upon request, the employee may be asked to produce the Board-owned WCD issued to him/her for return or inspection. Employees unable to present the device in good working condition within the time period requested (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.

Any employee who regularly places or receives personal calls, or uses his/her Board-owned cell phone to send/receive personal e-mails, text messages, or instant messages shall be subject to disciplinary action. Use of a Board-owned WCD by an employee to access a personal e-mail account or connect to the Internet for personal business is strictly prohibited.

WCDs may not be transferred to any other employee without prior notification and approval of the Superintendent. Employees provided with a WCD understand that the WCD is owned by the Board. Any alteration or switching of WCDs must be approved in advance by the Superintendent.

Cell phone numbers provided by the Board, via contract with a cellular telephone 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. Employees are not allowed to transfer/port a previous personal cellular telephone number to a Board-owned cell phone.

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

Use of Board-owned Cell Phones for Personal Calls

The Board recognizes that in rare circumstances it may be necessary for an employee to use a Board-owned cell phone for personal business. The Board generally prohibits such conduct as emphasized by this policy, but realizes there may be limited situations when such use is justified. Employees are advised not to take advantage of this provision and that repeated use of a Board-owned cell phone for personal business will result in disciplinary action.

If unforeseen circumstances develop where employees must use their Board-issued cell phone for personal reasons (i.e., to let family know that the employee will be home late, etc.) it is up to the Superintendent or his/her designee to determine whether the employee should reimburse the Board.

Potential Disciplinary Action/Cancellation of Board-Owned WCD

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

F.S. 316.305

Revised 3/4/14
Revised 2/14/17

© Neola 2016