CC RESOLUTION 5525RESOLUTION NO. 5525
A RESOLUTION ADOPTING REVISIONS TO THE
CELLULAR PHONE POLICY AND TECHNOLOGY USE
POLICY
The City Council of the city of El Segundo does resolve as follows:.
SECTION 1. Findings. The City Council finds and determines as follows:
A. The City of El Segundo ("City") Cellular Phone and Technology Policy was
established on May 23, 2002. On September 18, 2013, this Administrative Policy
and Procedure ("AP&P"), Subject Cellular Phone and Technology Policy was
revised by the Finance Director and signed by the City Manager. This policy
primarily addressed the issuing of City cell phones or stipends for cell phones.
B. An AP&P, Subject Electronic Communication Policy, which was initially
issued on July 1, 2004, by the Director of Administrative Services and approved
by City Council on August 3, 2004 with Resolution 4384 Establishing a Policy for
Retaining, Purging, and Using Electronic Communications Including Electronic
Mail and Voicemail.
C. On June 4, 2024, City Council approved a Resolution establishing a Citywide
Email Retention Policy with Resolution 5491 which is separate from the Citywide
Records Retention Schedule.
D. The three (3) separate technology related policies that govern the use of cell
phones, electronic communications, and retention of electronic records are
described in "A", "B", and "C" above.
E. Staff have determined that there is a need to revise the AP&P, Subject
Cellular Phone and Technology Policy and AP&P, Subject Electronic
Communication Policy to outline acceptable use of information technology at the
City of El Segundo, reduce the risk of cybersecurity and legal issues arising from
improper use, to remind users of these systems that there is no right to privacy,
and that information stored on the City's Information Technology Systems or
personal devices used in the conduct of City business may be subject to
disclosure under the Public Records Act or litigation.
F. Representatives from the represented employee labor groups were notified of
the City's intent to adopt these revised policies and provided an opportunity to
meet to discuss effects/impacts of the adoption. Additionally, Unrepresented
employees in the Management and Confidential Series were also provided a
copy of the draft policies. No requests to meet were received from the
represented employee labor groups. A voluntary informational meeting was held
on January 9, 2025, for all employees, represented and unrepresented, to review
the policy and answer any questions. The City of El Segundo Cellular Phone
RESOLUTION NO. 5525
PAGE 1 of 3
Policy is attached hereto as "Exhibit A" and the City of El Segundo Technology
Policy is attached hereto as "Exhibit B". Both policies are incorporated herein by
this reference.
SECTION 2. Actions; Direction.
A. The City Council approves the Cellular Phone Policy and Technology Use
Policy.
B. Staff is directed and authorized to implement all the provisions of each Policy.
SECTION 3. Severability. If any part of this Resolution or its application is
deemed invalid by a court of competent jurisdiction, the City Council intends that such
invalidity will not affect the effectiveness of the remaining provisions or applications and,
to this end, the provisions of this Resolution are severable.
SECTION 4. Repeal. All resolutions and other actions of the City Council in
conflict with the contents of this Resolution are hereby repealed.
SECTION 5. Signature Authority. The Mayor, or presiding officer, is hereby
authorized to affix his signature to this Resolution signifying its adoption by the City
Council of the City of El Segundo, and the City Clerk, or her duly appointed deputy, is
directed to attest thereto.
SECTION 6. Effective Date. This Resolution will take effect immediately upon
adoption and will remain effective unless repealed or superseded.
SECTION 7. City Clerk Direction. The City Clerk will certify to the passage and
adoption of this Resolution, enter it in the City's book of original Resolutions, and make a
record of this action in the meeting's minutes.
PASSED, APPROVED AND ADOPTED this 21st day of January, 2025.
ris Pimentel, Mayor
ATTEST:
�L
Susan Truax, Cit Clerk
APPROVED AS TO FORM -
Mar?. Hensley, City Attorney
RESOLUTION NO. 5525
PAGE 2 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Susan Truax, City Clerk of the City of El Segundo, California, do hereby certify that
the whole number of members of the City Council of said City is five; that the foregoing
Resolution No. 5525 was duly passed and adopted by said City Council, approved and
signed by the Mayor of said City, and attested by the City Clerk of said City, all at a
regular meeting of said City Council held on the 21st day of January 2025, and the same
was so passed and adopted by the following vote:
AYES: Mayor Pimentel, Mayor Pro Tern Baldino, Council Member Boyles,
Council Member Giroux and Council Member Keldorf
NOES:
None
ABSENT:
None
ABSTAIN:
None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this day of January,
2025.
of the City
x, `City Clerk
ElSegundo,
California
RESOLUTION NO. 5525
PAGE 3 of 3
EXHIBIT "A"
City of El Segundo Cellular Phone Policy
r
City of El Segundo Cellular Phone Policy
1. PURPOSE
a. This City of El Segundo Cellular Phone Policy replaces and supersedes that policy
entitled, Cellular Phone and Technology Policy, dated September 18, 2013, which will
have no further effect and is hereby rescinded.
b. The City of El Segundo ("City") requires certain employees to be accessible by cellular
phone or mobile device due to the nature of their job function or duties. To enable this
accessibility, the City may provide eligible employees with a City -issued cell phone or
mobile device (laptop, tablet, etc.). Eligible employees may include those who use a
cell phone or mobile device on a regular basis during normal and/or off business hours,
or who may need to be available during on -call or emergency situations.
c. The intent of this policy is to establish consistent rules for the issuance and/or use of
cell phones and mobile devices to conduct official business on behalf of the City of El
Segundo.
d. City -issued cell phones and mobile devices are managed and issued by the City's
Information Technology Services Department ("ITSD").
2. APPLICABILITY
a. This policy applies to all City employees, elected and appointed officials, and
volunteers who are assigned a City -issued cell phone or mobile device' or utilize a
personal cell phone for City business purposes.
b. This policy's references to limitations on "cell phones" will also apply to "mobile
devices" and vice versa, unless otherwise stated.
3. CITY ISSUED CELL PHONES AND MOBILE DEVICES
a. City -issued cell phones and mobile devices are understood to be for City -related work
only. No personal business should be conducted on the City -owned device. Upon
separation of employment or upon the individual no longer serving as a formal elected
or appointed representative of the City, the cell phone or mobile device is to be
returned to ITSD along with any security code(s) required to unlock the device.
b. City -issued cell phones and mobile devices are to be returned to ITSD if they are no
longer required to be used by the employee as determined by the employee's
Department Director.
c. Lost or stolen cell phones or mobile devices must be reported immediately to ITSD
staff. All information on such devices needs to be disclosed to the City so it can be
determined if any breach of security has been made.
' "Mobile device" includes "electronic wireless communications device," as defined in Vehicle Code §
23123.5 to include, without limitation, "a broadband personal communication device, handheld devore, or
laptop computer with mobile data access, or a pager."
City of El Segundo
Cellular Phone Policy
Page 2 of 4
4. GENERAL POLICY ON THE USE OF CITY CELL PHONES
a. Employees are prohibited from installing any third -party equipment or applications to
City cell phones and mobile devices unless approved by ITSD.
b. City employees have no expectation of privacy as to data residing in
telecommunications devices. The City may inspect that data at any time and without
notice, as permitted by state and federal law. The City reserves the right to track the
location of a city cell phones and mobile devices as necessary.
c. City cell phones and mobile devices should only be used by City employees in the
performance of their official duties. Personal use of these mobile devices is strictly
prohibited and will result in disciplinary action and reimbursement of charges for
personal use.
d. Acceptable use is further defined under the City's Technology Policy.
5. USE OF PERSONAL CELL PHONES AND MOBILE DEVICES
a. Employees who use their personal cell phone to conduct City business must ensure
that their device is password -protected at all times.
b. Communications conducted on a personal cell phone or mobile device for City
business are property of the City and may be subject to disclosure as referenced in
Section 8 of this policy.
6. USE OF CITY OR PERSONAL CELL PHONES WHILE OPERATING A VEHICLE IN THE
COURSE AND SCOPE OF EMPLOYMENT
a. In the interest of the safety of our employees and other drivers, City employees are
prohibited from using cell phones while driving within the course and scope of
employment for City, and employees should turn off any City -issued cell phone and
any time an employee is driving a City or personal vehicle in the performance of their
job duties for City.
b. Notwithstanding the foregoing prohibition in subsection a, above, City employees may
use a cell phone for emergency purposes, including, without limitation, an emergency
call to a law enforcement agency, health care provider, fire department, or other
emergency services agency or entity, pursuant to California Vehicle Code § 23123.
c. Notwithstanding the foregoing prohibition in subsection a, above, if City management
determines an employee's City job requires that the employee keep his or her cell
phone turned on while driving in the performance of job duties for the City, the
employee may:
"Cellular Phone and Technology Policy"- Established May 23, 2002
"Cellular Phone and Technology Policy"- Revised September.18, 2013
"Cellular Phone Policy"- Revised January 21, 2025
City of El Segundo
Cellular Phone Policy
Page 3 of 4
1. Use the cell phone if the phone is specifically designed and configured to allow
hands -free listening and talking, and is used in that manner while driving, pursuant to
California Vehicle Code § 23123.
2. Per California Vehicle Code § 23123.5, hold and operate a cell phone if the phone
is specifically designed and configured to allow voice -operated and hands -free
operation and it is used in that manner while driving. The operation in a manner
requiring the use of the driver's hand is permissible only if both of the following
conditions are satisfied:
a) The cell phone is mounted on the vehicle windshield or mounted or affixed
to the vehicle's dashboard or center console in a manner that does not hinder the
driver's view of the road.
b) Your hand is used to activate or deactivate a feature or function of the
handheld cell phone with the motion of a single swipe or tap of the driver's finger.
d, Unless otherwise authorized under this policy, City employees must not send text
messages, emails or other forms of written communication on a cell phone or mobile
device while operating a vehicle on City time, and City employees are also prohibited
from visually inspecting or otherwise reviewing text messages, emails or other forms
of written communication on a cell phone or mobile device while operating a vehicle
on City time.
7. ISSUING DEVICES
a. Devices may only be issued to individuals who are approved by the Department
Director or designee.
b. Device may only be issued once the Technology Authorization Request form is signed
and completed.
8. SUBPOENAS AND PUBLIC RECORDS REQUESTS
a. All City employees who use a City -issued cell phone or mobile device for City business
should be aware that the content of emails, texts, or phone calls dealing with City
business may be subject to subpoena or a Public Record Act request related to City
business.
b. All City employees, elected and appointed officials, and volunteers utilizing a personal
cell phone for City business purposes are also subject to subpoena or a Public Record
Act request for communications related to City business.
9. COMPLIANCE
a. Non-compliance with any provision of this policy may result in disciplinary action.
"Cellular Phone and Technology Policy"- Established May 23, 2002
"Cellular Phone and Technology Policy"- Revised September 18, 2013
"Cellular Phone Policy"- Revised January 21, 2025
City of El Segundo
Cellular Phone Policy
Page 4 of 4
Attachment A: Technology Authorization Request Form
Attachment B: Cellular Phone Stipend Request Form
"Cellular Phone and Technology Policy"- Established May 23, 2002
"Cellular Phone and Technology Policy"- Revised September 18, 2013
"Cellular Phone Policy"- Revised January 21, 2025
Attachment A
TECHNOLOGY AUTHORIZATION FORM
The employee listed below has been approved to take possession of a City -issued mobile
device and has reviewed the City's Cellular Phone & Technology Use Policy. Upon
conclusion of this employee's employment the device shall be returned to ITSD. Devices
are not to be transferred to any other employee.
Type of Device Requested:
Employee Being Assigned Device:
Department:
Title:
Employee Signature:
Date:
Department Director Name:
Department Director Signature:
Date:
****To be Entered by IT After Signed****
Serial #:
Item Description:
Attachment B
CELLULAR PHONE STIPEND REQUEST FORM
I request an allowance in lieu of the issuance of a City -owned device per the agreement outlined in the
Supervisory and Professional Employees ("°SPEK) Memorandum of Understanding in the amount of
$80 per month. A copy of my personal cell phone bill listing my information including the phone number
to be used for City business is attached to this request.
I hereby acknowledge that I have received a copy of the City of El Segundo Cellular Phone Policy. I
have read this policy and clarified with my supervisor any questions regarding its provisions. I agree
to comply with all the requirements contained therein and understand that appropriate disciplinary
action be taken if I am found in violation of the policy.
Date:
Name:
Department:
Requestor Signature
Department Head Signature
Director of Finance or designee Signature
City Manager or designee Signature
Service Provider:
Cell Phone Number:
Classification:
Extension:
Date
Date
Date
Date
The City of El Segundo will annually review approved cellular phone and technology device
allowance, City -issued devices to ensure designated persons continue to demonstrate a City
business need for this equipment.
EXHIBIT "B"
City of El Segundo Technology Use Policy
CITY OF EL SEGUNDO TECHNOLOGY USE POLICY
1. PURPOSE:
This City of El Segundo Technology Use Policy replaces and supersedes that policy
entitled, Cellular Phone and Technology Policy, dated September 18, 2013, which will
have no further effect and is hereby rescinded.
The City's electronic information and communication systems, including the city's
computers, telephones, mobile devices, voice mail, scanners, fax machines, email, instant
messaging, intranet, internet, electronic collaboration tools and storage platforms, whether
on premise or in the cloud (collectively "information technology systems"), are important
tools in the City's effort to provide top-quality service to the people who live and work in El
Segundo. They allow City employees, contractors, temporary workers, and volunteers
(collectively referred to in this policy as "City staff) to process information, identify
resources, and communicate efficiently.
They also make the City more accessible and accountable to the people it serves. As
information technology systems advance and expand, it is important that City staff
continually use and manage them in a manner that is consistent with the City's mission,
vision, values, and goals.
The purpose of this policy is to outline acceptable use of information technology at the City
of El Segundo. Inappropriate use of information technology systems exposes the City of
El Segundo to risks including compromised IT systems and services, and legal issues.
This policy also serves to notify employees that they have no right to privacy in the use of
the information technology systems. This policy also advises employees that the City
reserves the right, with or without notice, to access, monitor, review, and copy any
computer files, including e-mail, all website communications and/or transactions on
information technology systems. In addition, employees are advised that there may be
circumstances under which the information stored on the City's Information Technology
Systems may be required to be publicly disclosed under the Public Records Act or
litigation.
2. SCOPE
This policy applies to employees, council members, contractors, consultants, temporary
staff, and other workers at the City of El Segundo, including all personnel affiliated with
third parties who use or operate a City Information Technology Systems ("Users"). This
policy applies to all equipment that is owned or leased by the City of El Segundo.
3. POLICY
a. General Use and Ownership
i. The use of the City of El Segundo's Information Technology Systems shall
be for City-replated purposes only.
City of El Segundo
Technology Use Policy
Page 2 of 4
ii. Information Technology Systems are the sole property of the City.
iii. For security and network maintenance purposes, individuals authorized by
the City Manager may monitor any Information Technology System with or
without notice to the user.
iv. The City reserves the right to audit networks and systems on a periodic
basis to ensure compliance with this policy.
v. Any attempt to bypass the City's network security measures is prohibited.
Users are prohibited from intentionally accessing any internet sites that are
discriminatory or offensive in nature or promote or advocate any form or
type of discrimination or sexual harassment.
vi. Only software purchased and/or licensed to the City and installed under the
direction of the City's Information Technology Services Department (ITSD)
may be used. Enrollment in any cloud software platform (Saas) used to
conduct official City business or store City data, must be authorized by
ITSD.
vii. Hardware device standards for Information Technology Systems are set by
ITSD and all information system hardware must be procured through the
ITSD or with the department's approval.
b. Security and Confidential Information
To ensure security of Information Technology Systems, various tools are
employed including passwords, authentication tokens, radio -frequency
identification technologies, and/or any other means of verifying an
individual's identity (collectively, "authentication devices"). Authentication
devices are issued to or used by City staff and shall be kept confidential.
City staff shall not share authentication devices, or the information
contained in an authentication device, with third parties or other City staff
unless requested to do so by ITSD as part of a troubleshooting effort.
Similarly, City staff may not use the authentication devices of other City
staff, and may not enter, access, or attempt to enter or access information
technology systems assigned to other City staff.
ii. User's must keep passwords secure and not share accounts. Authorized
users are responsible for the security of their passwords and accounts.
iii. Users should not use a City of El Segundo email address or any other
Information Technology System for personal use.
iv. Lost or stolen Information Technology Systems must be reported
immediately to Information Systems staff. All information on such devices
needs to be disclosed to the City so it can be determined if any breach of
security has been made.
"Cellular Phone and Technology Policy"- Established May 23, 2002
"Electronic Communication Policy" - Established August 3, 2004
"Cellular Phone and Technology Policy"- Revised September 18, 2013
"Technology Use Policy"- Revised January 21, 2025
City of El Segundo
Technology Use Policy
Page 3 of 4
c. Unacceptable Use of Information Technology Systems
i. The following activities, in general, are prohibited. Under no circumstances
is a User authorized to engage in any activity that is illegal under local,
state, federal or international law while utilizing City of El Segundo
Information Technology Systems.
1. The list below is by no means exhaustive but attempts to provide a
framework for activities which fall into the category of unacceptable
use of internet technology systems:
a. To access any obscene or pornographic material
b. To transmit sexually explicit images, message or cartoons,
ethnic or racial slurs, or anything that may be construed as
harassment or disparaging of others based on their race,
national origin, ethnic group identification, religion, age, sex,
sexual orientation, marital status, color or physical or mental
disability
c. To conduct personal business
d. To play games
e. To gamble
f. To conduct illegal activities or commit a crime or fraud, or
violate any federal, state, or local law.
g. To transmit sensitive or privileged information to
unauthorized persons or organizations
h. To download or install software without prior consent of
ITSD
i. To access Social Networking sites such as but not limited to
Facebook, Instagram, TikTok, X, and DisCord unless it is
related to City business and authorized by the employee's
Director.
d. Privacy
i. This policy serves as a means to notify employees that they have no right
to privacy in the use of the City of El Segundo's Information Technology
Systems.
ii. City staff should not expect any information contained in any information
technology systems or the use of any information technology systems to
be private, including deleted messages and/or information. The City may
be able to retrieve deleted information from a backup system or other
sources.
iii. Mobile Device Management software (MDM) used to control, monitor,
and manage mobile devices is required on all City owned mobile devices
without exception. The Information Technology Services Department
defines policy and configuration for MDM and software configuration of
"Cellular Phone and Technology Policy"- Established May 23, 2002
"Electronic Communication Policy" - Established August 3, 2004
"Cellular Phone and Technology Policy"- Revised September 18, 2013
"Technology Use Policy"- Revised January 21, 2025
City of El Segundo
Technology Use Policy
Page 4 of 4
mobile devices. Due to inherent capabilities of MDM platforms, City staff
are advised that using a City owned information technology system with
MDM installed will allow the City to determine their location at any given
time based on the MDM software. For additional information see the Cell
Phone and Mobile Device policy.
iv. Generally, all public records, including information contained in
Information Technology Systems, are open to inspection and copying by
any person who makes a request in accordance with the requirements of
the California Public Records Act. However, a public record may be
exempt from disclosure if it falls within certain categories of exemptions.
"Cellular Phone and Technology Policy"- Established May 23, 2002
"Electronic Communication Policy" - Established August 3, 2004
"Cellular Phone and Technology Policy"- Revised September 18, 2013
"Technology Use Policy"- Revised January 21, 2025