CITY OF DUBUQUE ADMINISTRATIVE POLICY REVISED OCTOBER 24, 2011 RETROACTIVE TO JANUARY 1, 2011

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1 CITY OF DUBUQUE ADMINISTRATIVE POLICY POLICY NUMBER: SUBJECT: ACQUISITION AND USE OF CELLULAR TELEPHONE EQUIPMENT APPROVED BY: CITY MANAGER EFFECTIVE DATE: AUGUST 6, 1996 REVISED FEBRUARY 1, 2004 REVISED OCTOBER 24, 2011 RETROACTIVE TO JANUARY 1, 2011 PURPOSE Purpose: To provide efficient and consistent policies, standards, and procedures for the acquisition and use of cellular telephone technology. " Cell phone" or "cellular telephone technology" means any device used for remote two -way communication including but not limited to a mobile telephone, wireless electronic mail device, smartphone or two -way pager. Scope: This AP applies to all City employees under the administrative control of the City Manager. Responsibility: Department and division managers are responsible for dissemination and conformance to the provisions of this AP. Policy: The City of Dubuque will acquire and place cellular telephone equipment (including, but not limited to mobile phones, pagers and smart phones) into service when such technology will enhance the ability of City employees to carry out their jobs and when other Tess expensive methods of expedient communication are not available or appropriate. Justifying and Requesting a Cellular Device Department managers may request cellular devices for City employees with job duties and responsibilities that require constant, though intermittent, contact with private citizens and /or other public sector employees. The following minimum standards shall be applied by department managers before requesting cellular devices for themselves or subordinates: A. City employees who serve in public safety capacities and who by job title and responsibility, routinely serve or are subject to serve in command or field coordinator roles for actual incidents or rehearsals for incidents that may threaten public safety and well being.

2 Policy Number: Acquisition and Use of Cellular Telephones Page 2 of 7 B. City employees with whom immediate and direct telephonic communication is necessary in the performance of their job responsibilities and organizational duties. C. City employees with assigned duties and responsibilities that require mobile communication access and where a cellular device provides economic or functional benefits over and above other means of mobile communication. Department managers shall make a written request to the City Manager justifying need, function, and cost prior to purchasing cellular telephone equipment. Requests shall also address the availability of funding in the budget or recommend measures to provide necessary funds for acquisition and operation of cellular devices. Use of Cellular Devices General Like all other City assets and resources, cellular devices are acquired with public funds to enable City employees to transact the City business in the most efficient and cost effective method possible. City owned telephones, cell phones, smart phones, radios and pagers are primarily for City business purposes. Employees are responsible for the equipment issued to them. City owned equipment shall be returned to the City upon employment termination or reassignment. The City's discrimination and illegal harassment policies apply in full to any component of the City' s communications and computer systems. Device Features It is at the discretion of the Department Manager with City Manager approval to activate or deactivate features of the cellular device such as text messaging, e- mail or internet access. Waiver of Privacy By accepting a City - provided device, employees and elected officials waive any right to privacy regarding any document, file or communications they receive, create, store and delete on any City -owned telephone, cell phone, smart phone, radio or pager. These systems are the property of the City. Right to Monitor The City has the right, but not the duty, to monitor any and all aspects of its electronic assets, i. e. cell phones, computer /telephone systems). These systems are the property of the City. Employees and elected officials should not have any expectation of privacy when using a City - provided device. The City has a right to access all records on such devices including but not limited to e- mails, text messages, phone logs and computer files. The City may perform random monitoring of City equipment to ensure proper usage. To monitor or retrieve electronic information a request must be approved by the City Manager or the designee of the City Manager. Public Records Stored data, conversations, photographs, text messages and billings on City owned cell phones, radios and pagers may be subject to a public records request or monitored by outsiders or City personnel.

3 Policy Number: Acquisition and Use of Cellular Telephones Page 3 of 7 Employees are permitted to use a City -owned cellular telephone to place personal calls. All billable costs or expenses associated with personal use shall be the financial responsibility of the employee. The employee shall reimburse the City for all such costs in accordance with procedures established by the Finance Department. Other costs resulting from misuse or inappropriate use of cellular telephones shall also be the responsibility of the employee. A City - owned telephone shall never be used in connection with a second job /outside business. Cell Phone Usage in Restrooms, Exercise Areas and Locker Rooms The City is committed to the privacy of its employees and its citizens. The use of all camera and video features of cell phones in any of the City' s exercise room locations, restrooms, showers or locker rooms is prohibited. Safety Employees are prohibited from using a hand -held cell phone while driving a City vehicle or operating City equipment. If an employee receives a call while driving or operating, the employee must pull over and stop to use the phone. Use of a personal cell phone or City cell phone to make or receive personal phone calls while occupying a City vehicle or City equipment is prohibited unless you are on your break or lunch period or it is a call to 911 for an emergency. The prohibitions in this section on Safety do not apply to public safety personnel, law enforcement officers and operators of emergency vehicles when on duty and acting in their official capacity except the prohibition on the use of personal cell phones and personal calls on City phones. See Appendix A for Iowa Code Section Use of electronic communication device while driving text messaging. Processing Cellular Telephone Expenses The Finance Department will make billing statements available to Departments each month. Immediate supervisors and department managers should monitor the use of cellular telephone equipment by reviewing monthly billings of cellular telephone activity. Plans vary and the Finance Department will be responsible for issuing reimbursement procedures and setting reimbursement rates with the Budget Director. Employees have the following reimbursement options for personal use of a cellular device. Costs and terms of each plan are outlined in Appendix B. 50/ 50 Share Employee is responsible for payment of 50% of the total monthly expenses for the employee' s cellular telephone plan. This option is not available to employees on a cell phone " Low Volume" plan where use is billed per minute. Per Minute Reimbursement Employee is responsible for reimbursement of.09 per plan minute used for all personal usage. Employees are responsible for personal cell phone usage that causes usage of plan minutes or results in additional fees outside of normal plan related costs. The employee is not responsible for any call that incurs no extra costs for the City saved on the plan the City has with the provider. (ie weekend and evening use, mobile to mobile, etc.)

4 Policy Number: Acquisition and Use of Cellular Telephones Page 4 of 7 When preparing annual budget requests, Departments should request sufficient funding in appropriate line item accounts to cover the cost of approved and in- service cellular telephone equipment. Michael C. Van Milligen City Manager

5 Policy Number: Acquisition and Use of Cellular Telephones Page 5 of 7 APPENDIX A Iowa Code Section Use of electronic communication device while driving text messaging Source: Iowa Code /2011 IOWA CODE /Statutes ( Code Chapters & Sections) /TITLE VIII TRANSPORTATION /SUBTITLE 2 VEHICLES /CHAPTER 321 MOTOR VEHICLES AND LAW OF THE ROAD/ Use of electronic communication device while driving text - messaging Use of electronic communication device while driving text - messaging. 1. For purposes of this section: a. " Engage in a call" means talking or listening on a mobile telephone or other portable electronic communication device. b. " " Hand -held electronic communication device" means a mobile telephone or other portable electronic communication device capable of being used to write, send, or read a text message. " Hand -held electronic communication device" does not include a voice - operated or hands -free device which allows the user to write, send, or read a text message without the use of either hand except to activate or deactivate a feature or function. " Hand -held electronic communication device" does not include a wireless communication device used to transmit or receive data as part of a digital dispatch system. " Hand -held electronic communication device" includes a device which is temporarily mounted inside the motor vehicle, unless the device is a voice - operated or hands -free device. c. " Text message" includes a text -based message, an instant message, and electronic mail. d. The terms "write ", "send ", and "read ", with respect to a text message, mean the manual entry, transmission, and retrieval of a text message, respectively, to communicate with any other person or device. 2. A person shall not use a hand -held electronic communication device to write, send, or read a text message while driving a motor vehicle unless the motor vehicle is at a complete stop off the traveled portion of the roadway. a. A person does not violate this section by using a global positioning system or navigation system or when, for the purpose of engaging in a call, the person selects or enters a telephone number or name in a hand -held mobile telephone or activates, deactivates, or initiates a function of a hand -held mobile telephone. b. The provisions of this subsection relating to reading a text message do not apply to the following persons: 1) A member of a public safety agency, as defined in section 34. 1, performing official duties. 2) A health care professional in the course of an emergency situation. 3) A person receiving safety- related information including emergency, traffic, or weather alerts. 3. Nothing in this section shall be construed to authorize a peace officer to confiscate a portable electronic communication device from the driver or occupant of a motor vehicle.

6 Policy Number: Acquisition and Use of Cellular Telephones Page 6of7 4. a. A person convicted of a violation of this section is guilty of a simple misdemeanor punishable as a scheduled violation under section A, subsection 14, paragraph ` 1 ". b. A violation of this section shall not be considered a moving violation for purposes of this chapter or rules adopted pursuant to this chapter. 5. a. A peace officer shall not stop or detain a person solely for a suspected violation of this section. This section is enforceable by a peace officer only as a secondary action when the driver of a motor vehicle has been stopped or detained for a suspected violation of another provision of this chapter, a local ordinance equivalent to a provision of this chapter, or other law. b. For the period beginning July 1, 2010, through June 30, 2011, peace officers shall issue only warning citations for violations of this section. The department, in cooperation with the department of public safety, shall establish educational programs to foster compliance with the requirements of this section Acts, ch 1105, 46 Additional penalties for violations causing injury or death, see A NEW section Iowa Legislature

7 Policy Number: Acquisition and Use of Cellular Telephones Page 7of7 APPENDIX B Cellular Phone Rate Structure Plan Summary smart phones Contract Provider: Verizon Minutes Data Text Mobile to Mobile (Verizon) Night weekend 400 minutes shared plan Monthly fee Plan Summary cell phones Contract Provider: US Cellular contract The plans available are: High Volume Users with free mobile to mobile: $ per month with 300 pooled minutes per phone. Calls made from US Cellular to US Cellar phone are not charged against pooled minutes. High Volume Users with free mobile to mobile and free inbound minutes: Billed at $ per month with 300 pooled minutes per phone. No inbound calls are charged against pooled minutes nor are calls made from US Cellular to US Cellar phone Low Volume Users: $8.00 per month plus. 09 per minute actual usage. Consideration for Plan Selection: " High volume users" are classified as having an anticipated monthly usage of 200 or greater minutes per month and " low volume users" be classified as having less than 200 minutes per month. If high volume users are anticipated to have a greater than 50% of total call volume from inbound calls then consideration should be given to put them on the high volume with free inbound calls plan. Typically high inbound traffic comes from users who regularly transfer their desk phone to their cell phone. Text Messaging For traditional cell phones on any plan with US cellular there is no charge for incoming text messages. Outgoing text messaging options are as follows. The Department manager must authorize text messaging prior to it going on the phone. Outbound text messaging is turned off by default. Per message.25/ outgoing message per phone Mobile messaging 250 $ 4.95/ mo covers up to 250 outgoing messages per phone Mobile messaging 750 $ 9. 95/ mo covers up to 750 outgoing messages per phone Unlimited mobile messaging $ /mo unlimited outgoing messages per phone