| Owosso Public Schools |
| Bylaws & Policies |
7530.01 - STAFF USE OF WIRELESS COMMUNICATION DEVICES
The Diestrict will provide wireless communication devices ("WCD") (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 District business. WCDs are provided as a tool to conduct District 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 District business (i.e. because some wireless services plan are billed on a time-used basis, District-owned WCDs should not be used if a less costly alternative method of communication is safe, convenient and readily available).
The Superintendent is authorized to designate those staff members who will be issued a District-owned WCD and provided with a wireless service plan.
The Superintendent or his/her designee is responsible for verifying:
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the need for each District-owned WCD and wireless service plan is clearly justified for District business purposes; |
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alternative solutions for work production and communication are considered; |
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employees provided with wireless service plans are notified of the purpose and limitations of usage; |
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wireless service plan invoices outlining the details of usage are received and reviewed for conformance with this policy; |
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employees reimburse the District for excessive (excessive will be defined as fifty percent (50%) beyond the individual's allocated plan usage) non-business use; and |
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A District-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. |
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In deciding which staff members should receive a District-owned WCD, the Superintendent will consider whether their jobs:
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require them to spend a considerable amount of time outside of their assigned office or work area during normal working hours and have regular access to telephone and/or Internet connections while outside their office or assigned work area; |
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require them to be accessible outside of scheduled or normal working hours or to be contracted and respond in the event of an emergency; or |
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consistently require timely and business critical two (2) way communication for which there is not reasonable alternative technology. (This is not intended to include occasional, incidental access or purely voluntary access such as checking e-mail from home). |
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safety requirements indicate having a WCD is an integral part of meeting the requirements of the employee's job description; |
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the employee is required to be contacted on a regular basis outside normal work hours; |
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the employee is required to be on-call 24/7; or |
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the employee's job requirements include critical District-wide decision-making. |
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District-owned WCDs and/or their related wireless service plan should be used only to place calls, access the Internet, or receive/send e-mails, instant messages or text messages for District-related 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 Superintendent shall inform the Board annually of the Superintendent's recommendation regarding the type and level of wireless service appropriate for the District. In all cases, the Superintendent 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 District's wireless service plans are the most economical and responsible available. Additionally, at least once annually, the Superintendent or his/her designee 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 on wireless service plan that more nearly matches the employee's recurring business needs.
Possessing a District-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 District is charged for both outgoing and incoming calls.
In order to continue to be eligible to receive a District-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 District -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.
Safe Use of Wireless Communication Devices
Employee safety is a priority of the District, 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 Board employees and other drivers, employees are required to comply with all applicable laws while driving.
Duty to Maintain Confidentiality of Student Personally Identifiable Information; Public and Student Record Requirements
Employees are subject to all applicable policies and guidelines pertaining to protection of the security, integrity and availability of the data stored on their District-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 District-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. Wireless communications that are student records are confidential and must be maintained pursuant to Policy 8330 – Student Records. 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 building principal or Superintendent.
Using WCDs or any other device 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, must not occur in any areas where the individual may have a reasonable expectation of privacy, such as locker rooms, restrooms, private conversations not conducted in public areas. Unless specifically authorized by the Superintendent to capture, record or transmit in these areas.
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.
Employee's Responsibilities
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 District 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) 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.
Each employee issued a District-owned WCD will receive a monthly summary of usage. The employee must review the monthly summary for billing accuracy, then sign and date it verifying the employee's review and attesting that the primary purpose for calls, text messages, instant messages or e-mails was for District business. A copy of the signed and dated statement is to be submitted to the Superintendent within fifteen (15) days of receipt of it by the employee.
Any employee who regularly places or receives personal calls, or uses his/her District-owned WCD to send/receive personal e-mails, text messages, or instant messages, shall be subject to disciplinary action.
Use of a District-owned WCD by an employee to access a personal e-mail account or connect to the Internet for personal business is strictly prohibited.
Use of a District-owned WCD by an employee to access a personal e-mail account or connect to the Internet for personal business is limited to urgent or emergency situations.
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 District. Any alteration or switching of WCDs must be approved in advance by the Superintendent.
TheDistrict reserves the right to audit all Board-owned WCDs, which will include but not be limited to, a review of the monthly statement upon submission after the requisite review by the employee. The monthly service statements for all District-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.
Privacy Issues
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, (except that instructors and administrators may possess WCDs, but only use them for authorized school use or emergencies) 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.
Use of District-owned WCDs for Personal Calls
The District recognizes that in rare circumstances it may be necessary for an employee to use a District-owned WCD for personal business. The District generally limits 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 District-owned WCD for personal business will result in disciplinary action.
WCDs provided by the District are a public resource and may be used for Districtbusiness only. Employees are advised to obtain and carry their own WCD for personal use at their own expense. District-owned WCDs may not be used for personal uses, except in clearly urgent situations, when no other telephone is readily available, and the call is related to the conduct of District's business. Thus, calls, e-mails, text messages, or instant messages home notifying family of the employee's whereabouts, etc. when required to work extended hours shall be considered business-related. Such communications should be kept brief and to the point. District-owned WDCs should not be misused for personal business. Employees in such circumstances are responsible for generating their own log/record of business and personal communications made on the District-owned WCD, reviewing the monthly statement to differentiate between business-related and personal calls. The Board reserves the right to seek reimbursement from employees who have excessive personal use of District-owned WCDs as defined in the policy.
Use of a Personal WCD While at Work
[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 Board's policy in this regard.
Potential Disciplinary Action/Cancellation of District-Owned WCD
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 Board immediately canceling the employee's privilege to use a Board-owned WCD and return of the device as well as possible disciplinary action.
Revised 12/14/09