09.01.03 - Cellular Telephone Allowance - Mgmt Policy (Final)
CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: 09 Finance & Budget Policy No. 09.01.03 SECTION: 01 Payroll Page: 1 of 6 SUBJECT: 03 Cellular Telephone Policy OBJECTIVE:
The City will provide cellular telephones to employees whose duties and responsibilities require cellular access to telephone and/or data service. The City Manager has authorized Department
Directors to determine which employees require the use of a cellular telephone in the performance of their duties. Employees that choose to not accept a City-issued cellular telephone
will be provided a cellular telephone allowance in lieu of a City cellular phone. Allowances will be subject to budget allocation and limitations. CITY ISSUED CELLULAR TELEPHONE A cellular
telephone will be issued to those employees, or work groups, who use the cellular service in the performance of their duties. Department Directors should consider one or more of the
following criteria to be used to determine if a cellular telephone is required: • Having a cellular telephone is an integral part of performing duties of job description • More than
50% of work is conducted in the field • Required to be contacted on a regular basis • Required to be on-call • Critical decision maker There shall be no employee personal use of City-issued
cellular telephones. As such, there shall also be no provision for reimbursement of employee personal phone calls to the City. Text messaging on City-issued cellular telephones will
not be allowed under any circumstance unless text message capability is an essential communication tool for the performance of the employee’s job duties. Any employee found using a City-issued
cellular telephone for personal use or unauthorized text messages will be subject to progressive discipline. The City shall provide all necessary cases, replacement batteries, automobile
adapters, and hands free devices necessary to support continued safe and efficient use of the City-issued cellular telephone. The Director of ITS, or his/her designee, will be be responsible
for selecting the cellular telephone service provider for all City departments. The ITS Director, 1
or his/her designee, shall select this carrier after consultation with department heads. The ITS Director, or his/her designee, shall determine which cellular handsets shall be purchased
and shall determine the appropriate service plan that best serves the needs of the entire City, All cellular telephone invoices shall be submitted directly to the Department Head, or
his/her designee, by the carrier and the Department Head, or his/her designee, shall be responsible for review of the invoices and processing of payment to the provider. Periodically
department invoicing will be audited by the ITS Director or his/her designee. CELLULAR PHONE ALLOWANCE Employees that have been assigned a cellular telephone by the City shall be given
the option to receive a monthly wage allowance instead of a City-issued cellular telephone. The individual receiving the allowance will be responsible for choosing and paying for cellular
phone equipment and service plans. The City reserves the right to specify certain minimum capabilities of cellular telephone equipment used in conjunction with this allowance. The City
will not be responsible for procuring cellular phones for the individuals that are eligible for the monthly allowance, but will transfer phone ownership of City cell phones to the employee
eligible for the allowance at no cost during initial transition to this policy. The Department Director shall be responsible for oversight and administration of each approved request
for an allowance. Requests are made on a genuine business need, not by position. Department Directors will complete an Employee Activity Report (EAR) form for each employee that will
receive the allowance. The form will include the allowance amount to be received by the employee. The completed and signed EAR form will be forwarded to the Human Resource Department
for processing. Each employee receiving an allowance will sign a copy of the attached Employee Cellular Telephone Allowance Agreement, the content of which is incorporated into this
policy. The monthly allowance will continue until such time as the department initiates an EAR to discontinue the allowance or the employee's employment with the City is terminated.
Each department will be responsible for periodically reviewing the functions of each position that has been assigned an allowance to assure that the cellular service is still required
for City business. Exceptional usage situations may require cellular phone service beyond the normal usage and control of the individual and will be reviewed and reimbursement may be
approved by the appropriate Department Director subject to sufficient budget resources. If, prior to the end of the cell phone service contract, a personal decision by the employee,
or employee misconduct, or misuse of the phone service, results in the need to end or change the employee’s cell phone contract, the employee will bear the cost of any fees associated
with that change or cancellation. For example, the employee leaves city employment, and no longer wants to retain the current cell phone contract for personal purposes. 2
If, prior to the end of the cell phone service contract period, a City decision, (unrelated to employee misconduct) results in the need to end or change the cell phone contract, the
City department will bear the cost of any fees associated with that change or cancellation as approved by the Department Director. For example, the employee's supervisor has changed
the employee's duties and the cell phone is no longer needed for City purposes. If the employee does not want to retain the current contract, change or cancellation fees will be reimbursed
by the City with appropriate documentation substantiating the cancellation fees. The reimbursement will be paid through an accounts payable check request. ALLOWANCE RATES: The monthly
allowance for cellular telephone usage shall be determined by the Department Director, based on current and/or anticipated minute usage. The allowance is payable in increments of $5.00,
not to exceed $60.00 per month. In some cases, the necessity for an additional monthly allowance for data communications usage shall be determined by the Department Director and /or
the City Manager. This data allowance is also payable in increments of $5.00, not to exceed $70.00 per month. The monthly allowance is payable in the last paycheck of the month. The
allowance represents taxable income to each individual and taxed according to the regulations of the IRS Code. However, the monthly allowance will not be included in retirement wages
or in the calculation of an overtime rate. If business usage has increased for a minimum of six (6) months, causing the employee to increase into a higher allowance level, and the increase
in usage is expected to continue for the foreseeable future, the employee may make a written request to their director or supervisor for an adjustment in the amount of the allowance.
Upon approval by the director and City Manager, the adjustment must be submitted to Human Resources using an Employee Activity Report form and accompanied by appropriate documentation
to substantiate the the increase. Temporary increases in usage will not be cause for an increase in the allowance. Periodically, the director or his/her designated supervisor will review
cellular usage to assure the allowance level is appropriate for the amount of business usage. For those employees utilizing the Cellular Phone Service Allowance: • All service costs
related to the purchase and usage of the cellular phone service is the responsibility of the employee. • The purchase of all cellular telephone equipment is the responsibility of the
employee. This includes, but is not limited to, batteries, cases, hands-free devices, ring tones and future phone replacement. • The employee may have the existing cellular phone number
transferred to a new service. • Use of the phone in any manner contrary to City policy or local, state or federal laws will constitute misuse and will result in immediate termination
of the cell phone service allowance, 3
• City procurement cards may not be used to pay for cellular phone service or equipment. • The employee shall provide the cellular telephone number and carrier name as a condition of
receiving the cellular telephone allowance. EFFECTIVE DATE: July 1, 2008 Kurt Bressner Kurt Bressner City Manager Attachments: Employee Cellular Telephone Agreement EAR 4
CITY OF BOYNTON BEACH Employee Cellular Telephone Agreement Employee Name (Print): _____________________________________________ Department: _______________________________________________________
It has been determined that your service to the City would necessitate the use of a cellular telephone in the performance of your duties as a City employee. You will be assigned a City-issued
cellular telephone for City use and there shall be no employee personal use of City-issued cellular telephones, as outlined in this policy. By signing below, you agree to the terms and
conditions stated above and you choose to receive a City Issued cellular telephone. ______________________ _ Employee Signature /Date ___________________________ City Manager Signature
/Date ________________________________ Depart. Director Signature /Date Cellular Telephone Allowance Option Should you choose not to receive a City-issued cellular telephone, you have
been authorized by your Department Director to receive a Cellular Telephone Allowance. This allowance is being paid to you to offset the expense of obtaining a cellular telephone and
obtaining private wireless services. The allowance, in a fixed amount to be determined based upon your usage, and subject to the approval by your Department Director and the City Manager
and or designee, will be included in your paycheck on a monthly basis. By accepting the monthly allowance you agree to the following terms and conditions: • You agree that you will initiate
cellular telephone services, with the provider of your choice, within thirty-days from the date of your first allowance payment. • You agree that you are personally responsible for any
cellular agreement that you enter into. • You will ensure that your immediate supervisor has your cellular telephone number and carrier provider name. • You will keep the cellular telephone
service current and the cellular telephone in 5
6 good working order for the entire time period that you are receiving a stipend. • You will use a hands free kit whenever operating a vehicle while on City business. • You will be available
via the device during normal working hours and as required by your Department Director. (Note: Some department employees will be guided by their internal policies and procedures specifically
relating to cellular telephones). • You will ensure that your wireless cellular telephone has a voice mail feature. • Failure to respond to a voice mail message within a timely manner
may be cause for corrective action. • You may be requested to submit copies of your bills from time to time to substantiate the business use and the allowance level. If you agree to
the terms and conditions stated above regarding the cellular telephone allowance, and have read and understand Administrative Policy 09.01.03, and choose to accept a cellular telephone
allowance instead of a City-issued cellular telephone, please fill out the application portion and sign below. Cellular Telephone Allowance Application Employee Name (Print): ________________________
_________________________ Department: ___________________________________________________________ Account Number _____________________________________________________ Monthly Allowance
for Cellular Phone Service $_________ (Based on average minutes used for city business) Monthly Allowance for Data Communications $_________ (Based on Department Director recommendation)
(Option not available to non-exempt employees) Total Monthly Allowance $_________ (Beginning with this agreement) Brief explanation for request: __________________________________________________
____________________________________ Employee Signature/Date _____________________________ ____________________________________ City Manager Signature/Date Dept. Director Signature/Date
Attach to EAR Form to initiate allowance; cc: Employee & Depart. Director