EGACA - Cell Phones

Adopted: 2/26/03
Re-adopted: 12/11/13

The Board recognizes that the use of cell phones may be appropriate to provide for the effective and efficient operation of the district and to help ensure safety and security of district property, staff and others while on district property or engaged in district-sponsored activities.  To this end, the Board authorizes the purchase and employee use of cell phones, as deemed appropriate by the superintendent.

District-owned cell phones shall be used for authorized district business purposes, consistent with the district’s mission and goals.  Personal use of such equipment is prohibited except in emergency situations.  Employees do not have any expectation of privacy with district-owned cell phones or any information stored on them; the phone may be confiscated and searched at any time. Employee use of a district-owned cell phone shall not violate Oregon’s ethics laws.

If an employee’s cell phone purchase is reimbursed by the district, or the employee is provided a stipend to purchase a cell phone, all phone records, text messages, emails to and from the cell phone, and other communications made with the cell phone may be public records.

Employees shall not use cell phones, whether district-owned or personally-owned, for non-district-related business while attending to and/or performing their job responsibilities.

Use of cell phones in violation of Board policies, administrative regulations and/or state and federal laws will result in discipline up to and including dismissal and/or referral to Government Standards and Practices Commission and law enforcement officials, as appropriate.

The superintendent is directed to develop administrative regulations for the implementation of this policy, including a uniform and controlled system for identifying employee cell phone needs, monitoring use and reimbursement.  Provisions may also be included for staff use of privately-owned cell phones for authorized district business.

Legal Reference(s)

Davidson v. Oregon Government Ethics Commission, 300 Or 414, 712 P2d 97 (1985).
Oregon Government Standards and Practices Commission, Advisory Opinion Nos. 02S-020 (Aug. 2, 2002), 02A-1008 (July 12, 2002), 01A-1004 (June 1, 2001) and 98A-1003 (July 9, 1998).