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Home My WebLink AboutVII (G) Resolution 2001-07, adopting policy for the use of Personal Digital Assistants Agenda 5-15-2001 Item VII G "CENTERoe u001)i.ivi,Yu-PRIDE OF WEST ORANGE MAY OR•CONIMISS]Ov Flt Ocoee s. SCOT] V.ANDPRGRIFr o� �� CITY OF OCOEE CUN,Y„YYIONLR, WA - DANNY HOW F.I I. Q ISO N LAKESIIORH DRIVE OCOEE.FLORIDA 34761-2258 SRUSTCOTT ANDERSON RSOV ��, �oRUSIY]GHNSON 9j (407) 905-3100 NANCY 1 PARKER t�of GOOD NN FACSIMILE(407) 656-6885 Cut NIANu I.k JIM GLEASON MEMORANDUM 1 TO: The Honorable Mayor and City Commissioners FROM: Jim Gleason City 1/4 City Manager DATE: May 7, 2001 RE: GUIDELINES FOR COMMISSION MEMBERS' USE OF PDAs The Guidelines regarding the use of city-owned or provided Personal Digital Assistants (PDAs) are provided for your consideration and adoption. JGIjI Attachment c: Jean Grafton, City Clerk POW FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0107 TO: Jim Gleason, City Manager THROUGH: Paul E. Rosenthal, City Attorney AC:5yt6f FROM: J. Walter Spiva, Esquir i DATE: April 26, 2001 `� U RE: Draft Guidelines for Commission Members' Use of PDAs Attached for your consideration are draft Guidelines for the Commission Members' use of City-provided PDAs. As referenced in the accompanying memorandum, it is important for the Commission to adopt a policy or guidelines for the use of these devices since City assets will be maintained at the Members' personal residences and City employees may be asked to perform work on the equipment located at the Members' residences. Attachment(s) 006.216559.1 FOLEY & LARDNER MEMORANDUM CLIENT-MATTER NUMBER 020377-0107 TO: Jim Gleason, City Manager THROUGH: Paul E. Rosenthal, City Attorney FROM: J. Walter Spiva, Esquire DATE: April 19, 2001 RE: Use of City-Owned PDAs by Members of City of Ocoee Commission You have asked several questions regarding the City's elected officials' (hereafter referred to as "Officials") use of City-owned digital handheld devices. If the City adopts a policy or guidelines for the use of the City-owned digital devices then the Commissioners' use of these items that is in accordance with the adopted policy or guidelines would not constitute a misuse of City property or a misuse of public position. The City Commission recently appropriated funds for the purchase of PDAs. The PDAs will be synched to the Commissioners' home computers and the City will provide PDA cradles which the Commissioners will use to charge their PDAs and transfer data to and from their PDAs and their home computers and the City's computer network. City staff then will be able to access each Commissioner's personal calendar for scheduling City meetings and events. It is likely that the City's IS staff will perform set up and maintenance activities at the Commissioners' personal residences in order to initiate the PDA use and to troubleshoot and maintain the ability of the PDAs to serve their intended City purposes. City staff also will install the necessary software on the Commissioners' PDAs and home computers to permit access to the City's computer network and to create the ability for Commissioners to send and receive e-mails using the City's e-mail system. Digital camera attachments may also be provided to the Commissioners so that images pertaining to City business may be taken in the field and downloaded through the use of their PDAs or home computers to the appropriate City departments. Although it is my understanding that the purpose of this project is to increase efficiencies in connection with the Commissioners' public duties, it may be anticipated that incidental occasional personal use will be made of the digital devices. Section 112.313(6), Florida Statutes (2000) [Misuse of Public Position], is the relevant portion of the Florida Code of Ethics. Section 112.313(6) states as follows: 006.215823.1 No public officer, employee of an agency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exception for himself, herself, or others. Section 112.312(9), Florida Statutes (2000), defines "corruptly" as being "done with a wrongful intent and for the purpose of obtaining, or compensating or receiving compensation for, any benefit resulting from some act or omission of a public servant which is inconsistent with the proper performance of his or her public duty. This definition has three primary parts. First, in order for the referenced activity to be corrupt it must secure a special privilege or benefit to the public official or others. Second, the subject activity, if corrupt, must be inconsistent with the proper performance of the person's public duties; and third, the person must have a wrongful intent in connection with the other two parts. Since this is a "state of mind" type of offense, the facts and circumstances surrounding the activity are investigated to determine if there was a wrongful intent to commit the two elements described above. In making these determinations of intent, the Commission on Ethics and the courts always look to determine if a public agency has any policy, rules, regulations, or guidelines in place to define proper or acceptable performance of public duties for the subject activity. If the public official is found to have substantially complied with a previously-adopted policy or guidelines for the subject activity, then there is no wrongful intent and the public official's actions are not inconsistent with the proper performance of his or her public duties. This analysis demonstrates the importance for the City to adopt a policy or guidelines for official use of new technology products and services provided by the City for which the Florida Statutes and case law provide little guidance. If the City's digital equipment is used primarily for the City's intended purposes in accordance with an adopted policy and guidelines, then incidental occasional personal use of these items should not render such personal use unlawful, provided the personal use does not result in additional costs to the City.' The City's guidelines for use of these items could be similar to public officials' and employees' use of City telephones for personal use. Hourly workers who attend to personal matters while "on the clock," other than on an occasional and non-material basis, or those who incur long distance charges for personal use, or who incur other charges to the City due to personal use have always been potentially subject to charges for misuse of City property or misuse of public position and will continue to be subject to these offenses for misuse of new technology items and services. However, public officials such as the members of the City Commission who are not compensated on some form of hourly basis, and whose occasional personal use of the City's digital equipment does not result in additional Staff of the Florida Commission on Ethics acknowledge the absence of controlling law or advisory opinions on this issue, but agree with this conclusion. 2 006215823.1 • charges to the City, would not constitute misuse of public property or position, provided their use substantially complies with any City policy or guidelines in effect. The fact that the City will have City-owned items being used at the Officials' personal residences, and the fact that City employees may need to make occasional visits to the Officials' residences for purposes of maintaining and servicing the equipment, would not be inconsistent with the City's goals for this project. Working from home or while in transit and away from the primary or official office is a reality for many people today in both the public and private sectors. Technology tools now follow the person, rather than the person being limited to the use of technology tools in one office location. Due to this mobility of use, hardware and software installation, configuration, troubleshooting, and repair services may have to be performed wherever the equipment resides. It would be appropriate and beneficial for the City's policy or guidelines to also address these types of activities so that both the Officials and the City's employees will know that they are following the rules. The City's PDA and digital camera project may have the effect of further blurring the distinction between home and office for the Officials. In this regard, Officials should be aware that all computer and digital equipment which they use to send, receive, or store City communications or other City records are subject to the Public Records Law, regardless of whether the computers and devices are personally-owned or City-owned, and regardless of where they are located. All e-mail and other documents sent or received in connection with City business must be made available for inspection and copying upon request, and the records have to be retained and retrievable in accordance with the State records retention schedule. Since this requirement can apply to deleted e-mail messages, an Official, if requested, would have to either produce discoverable deleted e-mails or permit a requestor to have direct access to the Officials' personal computer. As with all other City-owned property, the Officials will have to return to the City all City-owned computers, devices, and software upon leaving office. 006.215823.1 3