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 Executive Director and administrators who meet one or more of the following criteria 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. Additionally, other staff members who believe that they meet the above-identified criteria may apply for an allowance.

The allowance shall consist of a monthly allowance up to a specific dollar amount for wireless telephone service (possibly including Internet/data service) and a one-time stipend to cover the employee's cost of acquiring the WCD. If either of the latter options is selected, include language limiting the equipment allowance to no more than once every two (2) years, or some other reasonable period of time.

The allowance is not intended to compensate the employee's dollar-for-dollar cost for wireless service. Under no circumstances will the monthly allowance be more than the cost of the employee's monthly service plan plus an approved amount to cover the employee's cost of acquiring the device.

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. The Board will pay only the Board-approved allowance even if actual monthly costs exceed the allowance. If the amount of the allowance needs to be changed because of documented business purpose, the employee should notify the Executive Director by submitting a new Wireless Communication Allowance Request Form.

If an employee is absent for more than thirty (30) days on either a paid or unpaid leave of absence, the allowance will be temporarily discontinued (i.e. it will be prorated during the period of absence) unless the employee can demonstrate s/he needs the device for business-essential communications during the period of absence, and/or the Executive Director approves the continuation of the allowance.

To be eligible to receive the allowance, beginning no later than May annually, each covered administrator and staff member making application for the allowance, must submit to the Executive Director a Wireless Communication Allowance Request Form 7530.01 F1, 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. If the employee receives either a one-time equipment allowance or a part of his/her monthly allowance is attributable to the cost of acquiring the device, the employee must also include documentation of the cost of the WCD with the Form. The employee must maintain an active wireless service contract while the allowance is being provided.

The Executive Director should use knowledge of each employees' duties (e.g. the projected number of minutes of monthly business-related calls, and whether the employee requires Internet/data service) and budget considerations to determine the amount of monthly allowance to recommend to the Board for each employee. In determining the amount of the allowance to recommend to the Board, the Executive Director 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 Council'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 Executive Director must be notified if the employee will not be available by their WCD for a period of time.

Employees should contact the carrier through which they purchased their WCD and purchase their wireless service for support.

Employees may contact the District's IT Department/Support Staff for consultation on the type of equipment to purchase if they are obtaining Internet/data service in order to enable e-mail and calendar support through the District's servers (e.g. through Microsoft Exchange, Novell GroupWise, etc.) and to obtain assistance in setting up their device to connect to the District's servers. The District's IT Department/Support Staff will assist employees who have Internet/data service with e-mail and calendar functionality.

If prior to the end of a wireless service contract, a personal decision by the employee 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 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.

When selecting the duration of his/her wireless service contract, the employee should take into consideration the length of his/her Board-approved employment contract and not select a duration of the wireless service contract that exceeds the employment contract. 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 whose job responsibilities include regular or occasional driving and who use a personal WCD for business use are expected to refrain from using their device while driving. Safety must come before all other concerns. Regardless of the circumstances, including slow or stopped traffic, employees are strongly encouraged to pull off to the side of the road and safely stop the vehicle before placing or accepting a call, reading or sending a text message, instant message or e-mail, or browsing the Internet. If acceptance of a call is unavoidable and pulling over is not an option, employees are expected to keep the call short, use hands-free options (e.g. headsets or voice activation) if available, refrain from the discussion of complicated or emotional topics, and keep their eyes on the road. Special care should be taken in situations where there is traffic, inclement weather, or the employee is driving in an unfamiliar area. In the interest of safety for both Board employees and other drivers, employees are required to comply with all applicable laws while driving.

In situations where job responsibilities include regular driving and accepting of business calls, the employee should consider the use of hands-free equipment to facilitate the provisions of this policy.

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 this/her 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.

Except 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 Council-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 Executive Director.

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, classrooms, and any other areas where students or others may change clothes or be in any stage or degree of disrobing or changing clothes. The Executive Director 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 including while operating Council equipment, 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.

The Council will provide Board-owned WCDs to certain employees who require specific equipment or similar technology to perform District functions (e.g., Council safety, physical plant maintenance, etc.) and never expect to use these devices for personal use. The Executive Director must approve such exceptions. Employees who qualify for this exception must submit to the Fiscal Officer monthly 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, a brief statement of the purpose of the call, and if the WCD is Internet/data-enabled, a statement that all use of the Internet/data capabilities of the device were business related. 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, restitution must be made to the District.

If the employee uses the WCD for personal business, 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.

The Board reserves the right to switch an employee to the allowance program if excessive calls are made or if required documentation is not submitted in a timely manner.