President's Directive No. 15

Regarding Telephones, Cellular Phones and Portable Electronic Communication Devices

Directive

University employees and volunteers demonstrating an ongoing need for a desk/office telephone, cellular telephone and/or portable electronic communication device to perform their assigned duties may have the cost of such paid for utilizing University funds, with the approval of a division head or their designee.

University telephones, cellular phones, and portable electronic communication devices are intended for University business. In accordance with Government Code §8314, more than incidental and minimal personal use of a University telephone, cellular phone, or portable electronic device for a personal purpose is prohibited. Incidental and minimal use of cellular telephones and portable electronic communication device for a personal purpose, or timely reimbursed personal phone calls, are permitted as long as such use does not violate prohibited uses described in Section IIIC of this directive, result in additional cost to the University, and/or interfere with the performance of an employee's job duties.

Only the most basic plan and services necessary to meet University business requirements will typically be paid for by the University.

Authority

The following state laws govern the use of telephones, cellular phones, and portable electronic devices:

California Government Code §8314

California Penal Code §424

California Vehicle Code §23123

I. Scope

This directive applies to all state funds, regardless of where the funds reside (i.e., general, auxiliary, special, or trust accounts) and all University faculty, staff, administrators, and volunteers.

The University recommends auxiliary, non-state fund holders, and affiliate organizations establish and implement similar telephone, cellular phone, and portable electronic communication device policies.

II. Definitions

Use means use of public resources which is substantial enough to result in a gain or advantage to the user or a loss to the state or any local agency for which a monetary value may be estimated. (California Government Code §8314 (b) (4)).

Personal Purpose means those activities the purpose of which is for personal enjoyment, private gain or advantage, or an outside endeavor not related to state business. Personal purpose does not include the incidental and minimal use of public resources, such as equipment or office space, for personal purposes, including an occasional telephone call. (California Government Code §8314 (b) (1)).

III. Implementations

A. Desk/Office Telephones

Individual desk/office telephones will be assigned to employees having an on-going need for communication as determined by their division head or their designee.

B. Cellular Telephones/Portable Electronic Communication Devices

Cellular telephones and portable electronic communication devices may be utilized to improve customer service, employee productivity, and/or process efficiencies. Employees may receive a cellular telephone and/or portable electronic communication device upon approval by a division head or his/her designee. Factors to be considered in evaluating whether an employee shall receive a cellular telephone and/or portable electronic communication device include:

Duties: A regular and ongoing component of the employee's job responsibilities requires contact with University staff, vendors, patrons, constituents and/or other key operational personnel while the employee is away from the his/her primary work location.

Emergencies: The employee has a lead role in the University's emergency response team and/or will be called upon to solve time-sensitive, mission critical issues that may arise.

On Call: The employee is either on call or expected to immediately respond to problems during non-business hours.

The University will develop procedures to ensure cellular telephone and electronic communication device plans and service contracts are cost beneficial and the primary purpose is to effectively fulfill University business needs.

C. Prohibited Uses

University telephones, cellular phones, or portable electronic communication devices may not be utilized for any employee personal business enterprise, campaigning, or non-University fundraising efforts.

Employees are expressly prohibited from utilizing University telephones, cellular telephones, or portable electronic communication devices in an illegal, illicit, or offensive manner.

Employees are responsible for operating state-owned vehicles and potentially hazardous equipment in a safe and prudent manner.

Employees may not drive on University business while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. This prohibition does not apply to a person using a wireless telephone for emergency purposes, including but not limited to an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. It also does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle in the course and scope of his or her duties.

Employees are strongly discouraged from using any portable electronic communication device while driving on University business.

IV. Accountability

University telephones, cellular telephones, or portable electronic communication devices are business tools and employees are expected to use them responsibly. Each employee shall be responsible for the safe keeping, care, and custody of the equipment assigned to them and for compliance with this directive. Misuse of equipment may result in its removal and/or disciplinary action taken pursuant to the applicable collective bargaining agreement or, for non-represented employees, applicable administrative policies or procedures.

Procedures to implement this policy will be developed by the Vice President for Administration or his/her designee.

Milton A. Gordon,
President
June 30, 2005
(revised June 19, 2008)