HomeMy WebLinkAboutDocumentation_Regular_Tab 11_11/9/2023 Agenda Item #11.
Regular Council
STAFF MEMO
Meeting: Regular Council - Nov 09 2023
Staff Contact: Lori McWilliams, Village Clerk Department: Village Clerk
Consider Approval of Cell Phone Text Messaging Executive Directive
Summary:
The Village currently captures and archives email and text messages on Village-issued/leased cell
phones for public record purposes, in compliance with state law. However, recent public record
requests for council member text messages, which were not captured, highlighted the need to
address text message archiving on non-Village devices.
Recommendation:
We recommend that the Village establish an Executive Directive to address the archiving of text
messages on non-Village devices used for Village-related business.
Proposed Directive:
Application:
This directive will apply to Village employees and council members who do not use Village-issued cell
phones. NOTE: Boards and Committee members have been removed from this directive.
Request for Google Account:
• Users not using a Village-issued cell phone shall set up, or request the IT Department to set up
a Google account on their personal cell phone exclusively for Village-specific business.
Archiving Process:
• All text messages sent to and received from the Google account established for Village-
specific business will be automatically archived using the Village's text archival software.
Purpose:
The purpose of this Executive Directive is to ensure the Village's compliance with state law, which
requires the maintenance of records used in connection with official business for the purpose of
perpetuating, communicating, or formalizing knowledge. By implementing this directive, the Village
will be able to properly capture all Village-related text messages on non-Village devices for public
record purposes.
Benefits:
• Enhanced compliance with state law regarding record retention and public record requests.
• Improved transparency and accessibility of Village-related text message communications.
• Mitigation of risks associated with non-compliance with record-keeping regulations.
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Agenda Item #11.
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Cell Phone Text Messaging Policy Presented to Council Amended without Boards Committees
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Agenda Item #11.
Village of Tequesta
Cell Phone Text Messaging Policy
It shall be the policy of the Village of Tequesta to capture all Village-related text messages and
metadata from cell phones that extend the employees' communication abilities in the
workplace. All users of this resource shall conduct themselves in a responsible, efficient,
professional, and ethical manner and in accordance with Village policies, as well as federal,
state, and local laws.
Purpose
This policy aims to define the appropriate use and archival of text messaging used in connection
with official business to perpetuate, communicate, or formalize knowledge. The Village
authorizes the use of cell phones and other devices by Village employees and council members
(hereinafter referred to as "Users") in connection with the transaction of official business of the
Village. All use must be consistent with the intent and requirements of all Village policies and
carried out ethically, legally, and responsibly.
Users of Village-owned cell phones should have no expectation of privacy while using Village-
owned or Village-leased equipment. Information passing through or stored on Village-owned or
leased cell phones can and will be monitored and should be generally considered to be a public
record.
Text Messages
Text messages are the electronic transfer of information, typically in the form of electronic
messages inclusive of any attached documents/pictures, from a sending party to one or more
receiving parties through an intermediate telecommunications system.
Text messages created or received by Users in connection with the transaction of official
business of the Village are public records. They are subject to inspection and/or copying per
Chapter 119, Florida Statutes unless expressly exempted by law. Text messages created or
received in connection with the transaction of official business of the Village are subject to
applicable state retention laws and regulations. They shall not be deleted or destroyed except
in compliance with the State of Florida's records retention schedule and the Village's Records
Management process.
Users have no right of personal privacy in any material created, stored in, received, or sent over
the official Village text archival system. The Village reserves and may exercise the right, at any
time and without prior notice or permission, to intercept, monitor, access, search, retrieve,
record, copy, inspect, review, block, delete, and/or disclose any material created, stored in,
received, or sent over the official Village text archival system to protect the system from
unauthorized or improper use or criminal activity or for responding to public record requests
for text messages.
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Agenda Item #11.
All text messages and other public records in the Village's custody are maintained for the
required retention period(s). The Village's text messages are archived and automatically backed
up for security, redundancy, and retention purposes.
Village-issued Devices
The Village recognizes that some Users are assigned communication devices by the Village. Text
messaging is allowed on Village-owned or leased communication devices as these devices are
centrally managed and configured to capture all messages. All Users assigned Village-owned or
leased communication devices are prohibited from making any changes or deletions that would
prevent the capturing, storage, or retrieval of messages or the tracking of the communication
device.
Non-Village Devices
Messaging (e.g., instant messaging, text messaging, multimedia messaging, chat messaging,
social networking, or any other current or future electronic messaging technology or device) for
Village business on non-Village communication devices is discouraged and is to be avoided,
except as provided below.
• Users not using a Village-issued cell phone shall request the IT Department set up a
Google account on their personal cell phone to use for Village-specific business. Text
messages to and from the Google account will be archived via the Village's text archival
software.
• Messages inadvertently sent or received on personal devices shall not be deleted, and a
screenshot must be sent to the Users Village email account within five (5) business days
from the date the message was sent or received. This will ensure the message is
properly archived
Non-Village Devices - Declared Emergency
All forms of messaging (e.g., email, instant messaging, text messaging, multimedia messaging,
chat messaging, social networking, or any other current or future electronic messaging
technology or device) regarding Village business on non-Village communication devices is
allowed during a declared emergency. Any message sent or received during a declared
emergency shall not be deleted, and a screenshot must be sent to the Users Village email
account within 15 days from the date the declared emergency ends.
Non-Village Devices—Outside of Declared Emergency
Minimal use of non-Village devices for messaging is permissible only if the message's content is
entirely transitory, e.g., emailing a supervisor to advise of a late arrival to work.
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