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:
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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.
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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:
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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