The Council will provide wireless communication devices ("WCDs") (i.e. cellular and wireless telephones, pagers/beepers, personal digital assistants (PDAs) BlackBerries/Smartphones, WiFi-enabled or broadcast access devices, etc.) to employees who by the nature of their job have a routine and continuing business need for the use of such devices for official Council business. WCDs are provided as a tool to conduct Council 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 Council business (i.e. because some wireless services plan are billed on a time-used basis, Council-owned WCDs should not be used if a less costly alternative method of communication is safe, convenient and readily available).

The Executive Director is authorized to designate those staff members who will be issued a Council-owned WCD and provided with a wireless service plan.

The Executive Director or his/her designee is responsible for verifying:

In deciding which staff members should receive a Council-owned WCD, the Executive Director will consider whether their jobs:

Council-owned WCDs and/or their related wireless service plan are to be used only to place calls, access the Internet, or receive/send e-mails, instant messages or text messages for Council-related business.

Furthermore, Council-owned WCDs are not to be used to place calls or send/receive e-mails, instant messages or text messages of a personal nature, or access the Internet for personal business.

Wireless service plans are expected to be set at the minimum level that fulfills the business need for the position in question. The wireless 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 wireless 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.

The Council shall approve the Executive Director's recommendation regarding the type and level of wireless service appropriate for each staff member listed above. In all cases, the Executive Director shall take the steps necessary to secure the most economical and responsible service available.

Thereafter, an annual review of the service plans available shall be made to determine if the Council's wireless service plans are the most economical and responsible available. Additionally, at least once annually, the Executive Director shall review the employee's actual usage (i.e. type and level of service) with the employee and, if warranted, authorize the acquisition of a different WCD and/or selection of a different wireless service plan that more nearly matches the employee's recurring business needs. Any such change in provider and/or necessary adjustments to individual staff member's devices and/or service plans shall be presented to the Council for consideration and approval.

Possessing a Council-owned WCD is a privilege and all employees are expected to use them appropriately and responsibly. Employees are responsible for 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 Council is charged for both outgoing and incoming calls.

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

In order to continue to receive the Council-owned WCD, non-exempt employees are required to answer all calls on his/her WCD and promptly respond to any messages during his/her work hours.

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

Using a WCD while operating a vehicle is strongly discouraged. Employees should plan accordingly so that calls are placed, text messages, instant messages or e-mails sent/read, and/or the Internet browsed either prior to traveling or while on rest breaks. In the interest of safety for both Council employees and other drivers, employees are required to comply with all applicable laws while driving (including any laws that prohibit texting with the WCD or using the WCD in its entirety 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 Council-owned 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 Council-owned 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. Finally wireless communications and other electronically stored information (ESI) stored on the staff member's Council-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.

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 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 Executive Director.

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.

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

Reasonable precautions should be taken to prevent unauthorized use/access to, or loss, damage, theft and/or vandalism to said devices. Upon resignation or termination of 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 the time period requested (e.g. twenty-four (24) hours) might 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.

Each employee issued a Council-owned WCD is required to keep a log documenting the calls made, e-mails, instant messages or text messages sent/receive, or Internet sites accessed with a notation of the purpose of each action.

Each employee issued a Council-owned WCD will receive a detailed monthly statement for all charges. The employee must 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 calls, text messages, instant messages or e-mails. A copy of the signed and dated statement is to be submitted to the Treasurer within five (5) days of receipt of it by the employee. In the event that a personal call is inadvertently made or received, or a text message, instant message or e-mail of a personal nature is sent or received on the employee's Council-owned WCD, the employee shall be billed for the actual cost of the personal calls made or received, or the text messages, instant messages or e-mails sent or received. In addition, the employee shall also be charged a portion of the monthly service fee. If the employee's service plan is all-inclusive and charges are not assessed for individual calls, text messages, instant messages or e-mails, then the employee will be charged a pro-rated share of the monthly charge. Any amount owed will be deducted from the employee's paycheck in the following pay cycle.

Any employee who regularly places or receives personal calls, or uses his/her Council-owned WCD to send/receive personal e-mails, text messages, or instant messages, shall be subject to disciplinary action. Use of a Council-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 Executive Director. Employees provided with a WCD understand that the WCD is owned by the Council. Any alteration or switching of WCDs must be approved in advance by the Executive Director.

Cellular telephone numbers provided by the Council, via contract with a wireless service provider/vendor, are considered business numbers of the Council which shall remain and belong to the Council 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 Council-owned WCD.

The Council reserves the right to audit all Council-owned WCDs, 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 Council-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.

WCDs, including but not limited to those with cameras, may not be possessed, activated or utilized at any time in any school situation where reasonable expectation of personal privacy exists. These locations and circumstance 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.

The Council recognizes that in rare circumstances it may be necessary for an employee to use a Council-owned WCD for personal business. The Council 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 Council-owned WCD for personal business will result in disciplinary action.

WCDs provided by the Council are a public resource and may be used for Council business only. Employees are advised to obtain and carry their own WCD for personal use at their own expense. Council-owned WCDs may not be used for personal use. Council-owned WCDs should not be misused for personal business. If an employee determines the need to make or receive a personal call on a Council-owned WCD, or send or receive a text message, instant message or e-mail of a personal nature then the employee is required to pay the Council the full cost related to such activity, including the pro rata amount of the monthly service charge. Employees in such circumstances are responsible for generating their own log/record of personal communications made on the Council-owned WCD, reviewing the monthly statement to differentiate between business-related and personal calls, and remitting the full amount owed for personal calls within thirty (30) days of the receipt of the monthly statement. The Council will engage in a mandatory monthly audit of the employee's records and the monthly statement to verify that reimbursements are both accurate and timely made, and to verify that the employee is charged the appropriate pro rata amount of the monthly service charge. Failure to reimburse the Council within the specified period may result in deduction of the amount due from the employee's paycheck, or final check upon termination of employment, or garnishment of wages if the employee has received his/her final check upon termination of employment.

The Council reserves the right to withhold any unreimbursed amount from the employee's wages.

Employees will be expected to sign an agreement that allows the Council to deduct the cost of unpaid calls from the employee's paycheck.

During work hours, personal communications made or received, regardless of whether on a WCD, regular telephone, or network computer, can interfere with employee productivity and/or distract others. Employees are expected to use discretion in using personal WCDs while at work. Employees are asked to limit personal communication to breaks and lunch period and to inform friends and family members of the Council's policy in this regard.

When authorized in writing by the Executive Director the cost of using a personal WCD for official business may be reimbursed to the employee. Having a personal WCD is a choice the employee makes, and if the device is used for business purposes, any reimbursement will be for reasonable costs in excess of the base service plan plus any additional charges such as roaming fees or other fees and taxes incurred as a direct result of the business use. In no instances will the employee be reimbursed more than the monthly cost to the employee. To receive the reimbursement, the employee must document the inbound/outbound telephone number, name of person called, texted, or e-mailed or the individual who called, texted or e-mailed the employee, and the date and purpose of the communication along with the original service plan bill.

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 the Council immediately canceling the employee's privilege to use a Council-owned WCD and return of the device.

Adopted 2/28/05
Revised 12/13/06
Revised 6/22/09
Revised 4/23/12