09-26-2012 Council Agenda - Laserfiche WebLink

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as City staff time, equipment, supplies or facilities, for private gain or personal purposes." Specifically, Government Code section 8314(a) provides that "It is unlawful for any elected state or local officer, including any state or local appointee, employee, or consultant, to use or permit others to use public resources for a campaign activity, or personal or other purposes which are not authorized by law." "Personal purpose" under this law is very broadly defined to include activities resulting in personal gain or generally unrelated to City business, as well as any activity for "personal enjoyment." (Gov't. Code § 8314(b)(1)). The definition of "use" is similarly broad, including not just a use that would result in a monetary Toss to the City, but also any use which is "substantial enough to result in a gain or advantage to the user." (Gov't. Code § 8314(b)(4)). The only exception to these limitations is for "incidental and minimal use of public resources, such as equipment or office space, for personal purposes, including an occasional telephone call." (Gov't. Code § 8314(b)(2)). Finally, the consequences of violating section 8314 are serious; the statue penalizes intentional and negligent violations, with a penalty up to one thousand dollars ($1,000) for each day on which a violation occurs, plus three times the value of the unlawful use of public resources. (Gov't. Code § 8314(c)). To the extent a public officer's personal use of public resources is so extensive that it becomes embezzlement, it may be prosecuted as a felony. Under these rules, using a city- issued device to either conduct non -City business or for any general use that contributes to personal enjoyment could be viewed as creating a "private advantage" in violation of section 8314. Therefore, revisions to the City's existing policies to allow more expansive use of non -city use of city - owned devices are not appropriate because the policies accurately reflect state law. As the Institute for Local Government notes in its publication "Understanding the Basics of Public Service Ethics: Perk Issues," (2009) available online at <https://www.ca- ilg.org/sites/ilgbackup.org/files/Basics Perklssues watermark.pdf >, the "incidental personal use" exceptions "prevent traps for the unwary; they do not constitute an affirmative authorization for personal use of public resources!' Therefore, City -owned electronic devices issued to any public official must be limited to City uses. Council Members who want to have the freedom to use iPads Updated: 7/5/2011 10:15 AM by Melissa Tronquet Page 3 20