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CELLULAR PHONE USE #256 <br /> <br /> <br />This policy is intended to define acceptable and unacceptable uses of city-issued cellular telephones. Its <br />application is to ensure cellular phone usage is consistent with the best interests of the city without <br />unnecessary restrictions of employees in the conduct of their duties. This policy will be implemented to <br />prevent the improper use or abuse of cellular phones and to ensure that city employees exercise the <br />highest standards of propriety in their use. <br /> <br />Cellular telephones are intended for the use of city employees in the conduct of their work for the city. <br />Supervisors are responsible for the cellular telephones assigned to their employees and will exercise <br />discretion in their use. Nothing in this policy will limit supervisor discretion to allow reasonable and <br />prudent personal use of such telephones or equipment provided: <br />• Its use in no way limits the conduct of work of the employee or other employees. <br />• No personal profit is gained, or outside employment is served. <br />• All employees are expected to follow applicable local, state, and federal laws and <br />regulations regarding the use of cellphones at all times. Employees whose job <br />responsibilities include regular or occasional driving and who are issued a cellphone for <br />business use are expected to refrain from using their phone while driving. Safety must <br />come before all other concerns. Regardless of the circumstances and in accordance with <br />Minnesota law, employees are required to use hands-free operations or pull off into a <br />parking lot and safely stop the vehicle before placing or accepting a call. <br />• Employees are encouraged to refrain from discussion of complicated or emotional matters <br />and to keep their eyes on the road while driving at all times. Special care should be taken <br />in situations where there is traffic or inclement weather, or the employee is driving in an <br />unfamiliar area. Hands-free equipment will be provided with city-issued phones to facilitate <br />the provisions of this policy. <br />• Reading/sending text messages, making or receiving phone calls, emailing, video calling, <br />scrolling/typing, accessing a webpage, or using non-navigation applications while driving is <br />strictly prohibited. <br />• In accordance with State law, there is an exception to hands free cell phone operations to <br />obtain emergency assistance to report a traffic accident, medical emergency or serious <br />traffic hazard or prevent a crime from being committed. There is also a state law exception <br />for authorized emergency vehicles while in the performance of official duties. <br />• Employees who are charged with traffic violations resulting from the use of their phone <br />while driving will be solely responsible for all liabilities that result from <br />such actions. See above “City Driving Policy” for more information on reporting driver’s license <br />restrictions”. <br /> <br />Regardless of who pays the bill, cell phone records about city business are subject to the Minnesota <br />Government Data Practices Act. What this means is that if a request were received, the city would be <br />under the obligation to determine what information is public data and what information is private data <br />and would need access to the employee’s phone records and possibly the phone itself in order to <br />provide the data that is being requested. Therefore, the best practice is to limit usage of personal cell <br />phones for city business to that which is truly necessary or be prepared to produce your cell phone and <br />the associated records if needed. <br /> <br />An employee will not be reimbursed for business-related calls without prior authorization from his/her <br />supervisor. Supervisors may also prohibit employees from carrying their own personal cell phones during