Wireless communication devices ("WCDs") (i.e. cellular and wireless telephones, pager/beepers, personal digital assistants (PDAs), Blackberries/Smartphones, WiFi-enabled or broadband access devices, etc.) enable communication whenever a situation arises necessitating immediate contact, regardless of the person's location at the time. Therefore, the Superintendent and administrators identified by the Superintendent are required as a condition of employment to own a WCD and obtain an appropriate service plan so that the WCD is available for use for business-related communications.

Administrators who are required to have a WCD as a condition of their employment shall receive a monthly wireless communication allowance ("allowance"), up to an amount approved annually by the Board to compensate them for the costs associated with acquiring and utilizing a WCD for business purposes.

The allowance is not intended to compensate the employee's dollar-for-dollar cost for wireless service costs.

The allowance does not constitute an increase to base pay, and will not be included in the calculation of percentage increases to base pay due to annual raises, job upgrades or benefits based on a percentage of salary, etc.

No allowance will be paid when the employee is on an unpaid leave status, or is on an extended paid leave during which timely, business-essential communications are not likely to be necessary.

To be eligible to receive the allowance, no later than August 1st, annually, each covered administrator and staff member making application for the allowance, must submit to the Superintendent a Wireless Communication Allowance Request Form, including a copy of his/her most recent monthly invoices for his/her wireless service plan to substantiate the amount of the allowance and a document identifying the telephone number of his/her WCD (including any pin number associated with a Blackberry device) so that the employee may be contacted as the need arises. The employee must maintain an active wireless service contract while the allowance is being provided.

In determining the amount of the allowance to recommend to the Board, the Superintendent may take into consideration the cost of the basic equipment, whether Internet/data service is needed, and the cost of the employee's monthly wireless service plan.

In order to continue to receive the allowance, administrators are required to answer all business-related calls on his/her WCD and promptly respond to any messages.

Staff members who receive an allowance are not required to submit a log documenting their business-related use of the WCD; however, they will be informed that the allowance is considered additional compensation for income tax purposes (i.e. the allowance will be paid through the District's payroll system as taxable income and appropriate payroll taxes on the amount of the allowance will be withheld from the employee's paycheck, and the amount of the allowance paid during the calendar year will be included in the wages line on the staff members' year-end W-2 statements). For determination of individual taxability, employees should check with their tax advisor.

The employee is responsible for choosing his/her WCD, the voice and/or data plan, and the wireless service provider. Since the WCD is the property of the employee, the WCD may be used for personal calls (see below concerning the making of personal calls during work time) and be combined or enhanced with other personal plans (i.e. the employee may also, at his/her own expense, add extra services or equipment features, as desired). The employee is responsible for paying all monthly service charges in full and on time. The Board does not accept any liability for claims, charges, or disputes between the service provider and the staff member. Because the employee is personally responsible for the WCD, any replacement for loss or damage will be at the expense of the employee. Such replacement or repair must be completed promptly and the Superintendent must be notified if the employee will not be available by their WCD for a period of time.

If prior to the end of a wireless service contract, a personal decision by the employee results in the need to end or change with WCD contract, the employee will bear the costs of any fees associated with the change or cancellation.

If prior to the end of a wireless service contract, the employee's misconduct, or misuse of the WCD, results in the need to end or change the WCD contract, the employee will bear the costs of any fees associated with the change or cancellation.

If prior to the end of a wireless service contract, the Board determines to reduce or cancel (unrelated to employee misconduct) the employee's monthly allowance, the Board will bear the cost of any fees associated with the change or cancellation. For example, if the employee is reassigned and/or his/her duties are changed, and the WCD is no longer needed for business purposes, if the employee does not want to retain the current contract, changes or cancellation fees will be reimbursed by the Board.

If the employee is nonrenewed or voluntarily resigns while the wireless service contract is still in effect, the Board will not be responsible for any fees associated with the employee's decision to subsequently change or cancel the contract.

Once the allowance is given to the employee to purchase a device, the WCD remains the employee's property. However, upon termination, nonrenewal or resignation, the Board will immediately discontinue the monthly allowance.

Employee safety is a priority of the Board, and responsible use of WCDs includes safe use.

Employees are responsible for operating Board-owned vehicles and potentially hazardous equipment in a safe and prudent manner, and therefore, employees are prohibited from using personal WCDs while operating such 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.

Using a WCD while operating any vehicle is strongly discouraged. Employees should plan their work accordingly so that calls are placed, text messages/instant messages/e-mails read and/or sent, and/or the Internet browsed either prior to traveling or while on rest breaks. In the interest of safety for both Board employees and other drivers, employees are required to comply with all applicable laws while driving.

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

Wireless communications, including calls, text messages, instant messages, and e-mails sent from WCDs, may not be secure. Therefore, employees should use discretion in relaying confidential information, particularly as it relates to students.

Additionally, wireless communications, including text messages, instant messages and e-mails sent and/or received by a public employee or school official using their personal 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 – Students Records. Finally, wireless communications and other electronically stored information (ESI) stored on the staff member's personal 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.

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. Using a WCD to take or transmit audio and/or pictures/video of an individual without his/her consent is considered an invasion of privacy and is not permitted, unless authorized by the building principal or Superintendent.

WCDs, including but not limited to those with cameras, may not be possessed, activated or utilized at any time in any school situation where a reasonable expectation of personal privacy exists. These locations and circumstances 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 building principal has authority to make determinations as to other specific locations and situations where possession of a WCD is absolutely prohibited.

Board employees may carry personal WCDs with them while at work, but are subject to the following restrictions:

At no time may any WCD be utilized by an employee in a way that might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed or intimidated.

Violation of this policy may constitute just cause for disciplinary action up to and including termination. Use of a WCD in any manner contrary to local, State or Federal laws will constitute misuse, and will result in immediate termination of the allowance.

If a Board employee's job duties do not include frequent need for a WCD, the employee is not eligible for a wireless communication allowance or a Board-provided WCD. Such employees, however, may request reimbursement for the actual extra expenses of business cell phone calls. Reimbursement for per-minute "air time" charges is limited to the total coverage charge shown on the invoice; expenses for minutes included in the employee's personal plan will not be reimbursed. The employee should make personal payment to the provider, and then submit a request for reimbursement, which details the date/time of the call, to whom the call was placed or from whom the call was received, and a brief description of the purpose of the call. A copy of the employee's wireless service bill must be attached to the request for reimbursement (the employee may redact any personal calls from the bill prior to submitting it). Business calls made on school property should be made from traditional land-line phones, when readily accessible, and therefore will not be reimbursed if made on a personal WCD.

The District will provide Board-owned WCDs to certain employees who require specific equipment or similar technology to perform specific District functions (e.g., school safety, physical plant maintenance, etc.) and never expect to use these devices for personal use. The Superintendent must approve such exceptions. Employees who qualify for this exception must submit to the Treasurer’s Office documentation in the form of a copy of their respective WCD usage logs, verifying business use. The log must note the date/time of the phone call, to whom the call was placed or from whom the call was received, and a brief statement of the purpose of the call. The employee’s immediate supervisor will be required to approve all charges, attesting that all calls were business related, by initialing the copy of the usage logs. In an employee fails to keep current with this documentation requirement, s/he will be required to return the WCD.

If a personal call inadvertently occurs, the employee will be required to reimburse the District for a prorated portion of that month's bill, which is related to the employee's personal use of the device, or a prorated portion of that month's bill which is related to the employee's personal use of the device will be treated as compensation for the employee.