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HomeMy Public PortalAboutBy-Law 2018-38 Adopt a Cell Phone PolicyCORPORATION OF THE MUNICIPALITY OF TWEED BY-LAW NO. 2018-38 Being a By-law to Adopt a Cell Phone Policy for the Municipality of Tweed. WHEREAS the Municipal Act, 2001 provides the general authority for Councils to adopt policies; NOW THEREFORE the Council of the Corporation of the Municipality of Tweed enacts as follows: 1. THAT the Cell Phone Policy attached hereto as Schedule "A" to this By-law, is hereby adopted as the Cell Phone Policy for the Municipality of Tweed. 2. THAT this By-law shall come into force and take effect immediately upon the passing thereof by the Council of the Corporation of the Municipality of Tweed. Read a first and second time this 22nd day of May, 2018. Read a third and final time, passed, signed and sealed in open Council this 22nd day of May, 2018. SCHEDULE "A" TO BY-LAW NO. 2018-38 MUNICIPALITY OF TWEED CELL PHONE POLICY PURPOSE: The purpose of this policy is to ensure safe and appropriate use of cell phones for business purposes and to protect Municipality property; and also to establish a policy of personal cell phone use during business hours. SCOPE: This policy applies to all employees and volunteers who have access to and/or use cell phones in the performance of their job duties. POLICY: 1. Where deemed necessary for the effective performance of job duties, the Municipality shall provide the employee with a cell phone to use for business purposes only, in accordance with the terms and conditions set out in this policy. 2. The equipment remains the property of the Municipality and must be returned immediately upon request or upon the termination of the employee's employment, whichever occurs first. 3. Where it is not deemed necessary for an employee to have a Municipality owned cell phone, however the employee has a personal cell phone, the use will be set out in this policy. 4. Employees are prohibited from operating a vehicle on Municipality business while using a hand-held cell phone except for the purpose of contacting emergency services only (ambulance, fire, police). Specifically, i. An employee shall not operate a hand-held cell phone while driving a vehicle, unless operated in hands -free mode, or the vehicle is off the roadway and not moving, or the vehicle is lawfully parked; ii. An employee shall not have a display screen of a television, computer or other device visible to the driver while the vehicle is moving, with the exception of a mounted global positioning system or a built-in vehicle systems display; iii. An employee shall not read or view printed material, text, type or write, print or sketch, or engage in other distractions while driving a motor vehicle. RESPONSIBILITY: 1. Supervisors are responsible for ensuring employees have read and understand this policy, and for dealing with disciplinary matters arising from a breach of this policy. 2. Employees are responsible for: O Page 2 — Cell Phone Policy a. The proper care and maintenance of Municipality issued equipment which includes taking reasonable care to prevent the loss, theft or damage of the equipment. All malfunctions and/or loss should be reported to the employee's supervisor as soon as possible; and b. Keeping personal use on Municipality owned equipment to a minimum. Any excess use may be charged back to the employee. DEFINITIONS: Cell Phone Means cellular telephones, personal data assistants, or other hand-held wireless communication devices that are capable of receiving or transmitting telephone communications, electronic data, mail or text messages, and includes hands -free devices, device chargers, and any other equipment issued by the Municipality and necessary for safe operation of the devices. Motor Vehicle Includes all motorized vehicles, tractors and road -building machines. REFERENCES: * Health and Safety Policy * Conduct Policy PROCEDURE: 1. Employees are to use Municipality provided cell phones for business purposes and only when necessary. Employees are expected to use a less costly means of communication when it is available. Municipality provided cell phones may be used for personal use as long as personal use is kept to a minimum. Excess personal use may result in the employee paying the cost. 2. Employees using cell phones are expected to conduct themselves in a professional and business -like manner at all times. Employees must respect those around them by turning off cell phones during meetings, whenever possible, and refraining from loud conversations within earshot of others. 3. Employees are prohibited from making illegal transactions, threats, harassing telephone calls or messages or anything else which contravenes the employee conduct policy while using their cell phones. 4. Employees are cautioned that there is no expectation of privacy in regards to their cell phone communications. 5. Employees are responsible for upholding the law in all jurisdictions regarding the use of such devices, while driving. Employees are responsible for being informed of the laws in the jurisdiction in which they are travelling. Page 3 — Cell Phone Policy 6. Employees who have not been issued a Municipality cell phone but have their own personal devices, shall not use their personal devices during work hours and should be on silent or turned off except during break and lunch times. 7. Violations of this policy will be considered a serious offence and will be subject to disciplinary action. 8. Employees shall be responsible for paying any fines levied against them as a result of using the cell phone while driving regardless if it is a Municipality cell phone or a personal cell phone. The employee shall also be responsible for paying any fines levied against the Municipality as a result of using any cell phone while driving. ACKNOWLEDGEMENT: O O I hereby acknowledge that I have read and understand the Cell Phone Policy of the Municipality of Tweed and that I have received a copy of the Policy. Employee Signature Date