BOARD-OWNED WIRELESS COMMUNICATION DEVICES

BOARD-OWNED WIRELESS COMMUNICATION DEVICES

po7530.01Adopted April 12, 2005Revised March 12, 2024

7530.01 - BOARD-OWNED WIRELESS COMMUNICATION DEVICES

The Board will provide wireless communication devices ("WCDs") (as defined in Bylaw 0100) to employees who by the nature of their job have a routine and continuing business need for the use of such devices for official Board business. Board-owned cell phones are provided as a tool to conduct Board business and to enhance business efficiencies. Board-owned cell phones are not a personal benefit and shall not be a primary mode of communication, unless they are the most cost-effective means to conduct Board business (i.e. because some cellular telephone services plan are billed on a time-used basis, Board-owned cell phones should not be used if a less costly alternative method of communication is safe, convenient and readily available).

In accordance with Florida law, no prohibited application as identified by the Florida Department of Management Services (DMS) shall be installed or utilized on a Board-owned WCD. Upon notice of any changes to DMS's list of prohibited applications, District employees shall have fifteen (15) calendar days to remove such applications.

The Superintendent shall designate those staff members who will be issued a Board-owned cell phone and provided with a cellular telephone and/or wireless Internet/data service plan.

The Superintendent or designee is responsible for verifying:

  1. the need for each Board-owned cell phone and related service plan is clearly justified for Board business purposes;
  2. alternative solutions for work production and communication are considered;
  3. employees provided with a cellular telephone and/or wireless Internet/data service plans are notified of the purpose and limitations of usage;
  4. cellular telephone and wireless Internet/data service plan invoices outlining the details of usage are received and reviewed for conformance with this policy;
  5. employees reimburse the Board for non-business use;
  6. a Board-owned cell phone is returned and the corresponding cellular telephone and/or wireless Internet/data 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;
  7. that the WCD is restricted from accessing any prohibited application as identified by DMS; and,
  8. that the District retains the ability to remotely wipe and uninstall any prohibited application from the WCD that is believed to be have been adversely impacted, either intentionally or unintentionally, by a prohibited application.

In deciding which staff members should receive a Board-owned cell phone, the Superintendent or designee will consider whether their jobs:

  1. require them to spend a considerable amount of time outside of their assigned office or work area during regular work hours and have regular access to telephone and/or Internet/data connections while outside their office or assigned work area;
  2. require them to be accessible outside of scheduled or regular work hours or to be contacted and respond in the event of an emergency;
  3. consistently require timely and business critical two (2) way communication for which there is no reasonable alternative technology;

    (This is not intended to include occasional, incidental access or purely voluntary access such as checking e-mail from home.)
  4. safety requirements indicate having a cell phone is an integral part of meeting the requirements of the employee's job description;
  5. the employee is required to be contacted on a regular basis outside regular work hours.

Board-owned cell phones and/or their related service plans are to be used only to place calls, access the Internet, or receive/send e-mails, instant messages, or text messages for Board business purposes.

Cellular telephones and wireless Internet/data 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 service 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 Board shall approve the Superintendent's or designee's recommendation regarding the type and level of cellular telephone and wireless Internet/data service appropriate for each staff member listed above. 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 plans are the most economical and responsible available. Additionally, at least once annually, the Superintendent or 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 cell phone and/or selection of a different service plan that more nearly matches the employee's recurring business needs. Any such change in provider and/or necessary adjustments to individual staff member's devices and/or service plans shall be presented to the Board for consideration and approval.

Possessing a Board-owned cell phone and/or other WCD is a privilege and all employees are expected to use them appropriately and responsibly. Employees are responsible for managing the cost-effectiveness of their cell phone and/or WCD use by utilizing assigned landline and/or designated computers as available and appropriate. Employees should know that using a cell phone to place calls outside the immediate area might result in roaming charges, in addition to long distance and regular charges, and that the Board is charged for both outgoing and incoming calls.

In order to continue to be eligible to receive a Board-owned cell phone, staff members are required to answer all calls on his/her Board-owned cell phone and promptly respond to any messages.

Employees may not download or access any prohibited application as identified by DMS unless a waiver for certain law enforcement officers and/or purpose is specifically requested and obtained from DMS in accordance with F.S. 112.22.

Safe and Appropriate Use of Board-Owned WCDs, Including Cell Phones

Employee safety is a priority of the Board and responsible use of Board-owned WCDs, including cell phones, requires safe use. (see Policy 7530.02 - Staff and School Officials Use of Wireless Communication Devices)

Employees may not use a WCD in a way that might reasonably create in the mind of another person an impression of being threatened, humiliated, harassed, embarrassed, or intimidated.

Employees shall comply with Policy 8625 related to WCD use while driving and the prohibitions therein. An employee who violates this prohibition is subject to disciplinary action, up to and including termination.

Duty to Maintain Confidentiality of Student Personally Identifiable Information; Public and Student Record Requirements

Employees are subject to all applicable policies and procedures pertaining to the protection of the security, integrity, and availability of the data stored on their Board-owned WCDs. (see Policy 7530.02 - Staff and School Officials Use of Personal Communication Devices)

When the Board intends to dispose of, or otherwise stop using, a Board-owned WCD on which an employee has maintained public records, student records, and/or ESI that is subject to a litigation hold, the District’s IT department/staff shall verify such records are properly transferred to an alternative storage device, before disposing of, or otherwise ceasing to use, the WCD.  The IT department/staff is responsible for securely deleting such records/ESI before disposing of, or ceasing to use, the Board-owned WCD.  The IT department/staff is responsible for maintaining documentation concerning the actions it takes to comply with this requirement.

Employee's Responsibilities

Employees are responsible for the safekeeping, care, and custody of the Board-owned WCDs assigned to them. Further, employees are responsible for the cost of misuse, intentional damage or reckless loss of the Board-owned WCDs provided to them. 

Reasonable precautions should be taken to prevent theft, loss, or damage to, or misuses or unauthorized use/access to Board-owned WCDs. Upon resignation or termination of employment, or at any time upon request, the employee may be asked to produce the Board-owned WCD issued to him/her 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) might 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.

Any employee who regularly places or receives personal calls, or uses his/her Board-owned cell phone to send/receive personal e-mails, text messages, or instant messages shall be subject to disciplinary action. Use of a Board-owned WCD by an employee to access a personal e-mail account or connect to the Internet for personal business is strictly prohibited.

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 Board. Any alteration or switching of WCDs must be approved in advance by the Superintendent.

Cell phone numbers provided by the Board, via contract with a cellular telephone service provider/vendor, are considered business numbers of the District which shall remain and belong to the Board for its use unless otherwise changed by the service provider/vendor or as mandated by the Federal Communications Commission. Employees are not allowed to transfer/port a previous personal cellular telephone number to a Board-owned cell phone.

The Board reserves the right to audit all Board-owned cell phones, which will include but not be limited to, a review of the detailed monthly statement upon submission after the requisite review by the employee. The detailed monthly service statements for all Board-owned cell phones, as well as invoices and payment documents related to these accounts, are public records and, as such, may be subject to disclosure and review.

Use of Board-owned Cell Phones for Personal Calls

The Board recognizes that in rare circumstances it may be necessary for an employee to use a Board-owned cell phone for personal business. The Board generally prohibits 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 Board-owned cell phone for personal business will result in disciplinary action.

Potential Disciplinary Action/Cancellation of Board-Owned WCD

Violation of this policy may constitute just cause for disciplinary action up to and including termination. Use of the Board-owned WCD in any manner contrary to local, State or Federal laws will constitute misuse and will result in the Board canceling the employee's privilege to use the WCD and requiring the employee to immediately return the device.

Reimbursement for Business Calls on Personally-Owned Cell Phone

When authorized in writing by the Superintendent the cost of using a personally-owned cell phone for official business may be reimbursed to the employee.  Having a personally-owned cell phone is a choice the employee makes, and if the device is used for business purposes, any reimbursement will be for reasonable costs in excess of the base service plan plus any additional charges such as roaming fees or other fees and taxes incurred as a direct result of the business use.  In no instances will the employee be reimbursed more than the monthly cost to the employee.  To receive the reimbursement, the employee must document the inbound/outbound telephone number, name of person called, texted, or e-mailed or the individual who called, texted or e-mailed the employee, and the date and purpose of the communication along with the original service plan bill.

Revised 3/12/24

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