Personal_Communication_Devices.pdf

Policy 701 Chesapeake Fire Department Policy Manual Copyright Lexipol, LLC 2023/03/29, All Rights Reserved.Published with permission by Chesapeake Fire Department Personal Communication Devices - 1 Personal Communication Devices 701.1 PURPOSE AND SCOPE The purpose of this policy is to e...

Policy 701 Chesapeake Fire Department Policy Manual Copyright Lexipol, LLC 2023/03/29, All Rights Reserved.Published with permission by Chesapeake Fire Department Personal Communication Devices - 1 Personal Communication Devices 701.1 PURPOSE AND SCOPE The purpose of this policy is to establish guidelines for the use of mobile telephones and communication devices, whether issued or funded by the Department or personally owned, while on-duty or when used for authorized work-related purposes. This policy generically refers to all such devices as Personal Communication Devices (PCDs) but is intended to include all mobile telephones, personal digital assistants (PDAs) and similar wireless two-way communications and/or portable Internet access devices. PCD use includes, but is not limited to, placing and receiving calls, text messaging, blogging and microblogging, emailing, using video or camera features, playing games and accessing sites or services on the Internet. 701.2 POLICY The Chesapeake Fire Department allows members to utilize department-issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used while on-duty, or used off-duty in any manner reasonably related to the business of the Department, will be subject to monitoring and inspection consistent with the standards set forth in this policy. The inappropriate use of a PCD while on-duty may impair member safety. Additionally, members are advised and cautioned that the use of a personally owned PCD either on-duty or off-duty for business-related purposes may subject the member and the member’s PCD records to civil or criminal discovery or disclosure under the Virginia Freedom of Information Act (FOIA) (Va. Code § 2.2-3700 et seq.). Members who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory staff. 701.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to emails, texts or anything published, shared, transmitted or maintained through file-sharing software or any Internet site that is accessed, transmitted, received or reviewed on any PCD issued by the Department and shall have no expectation of privacy in their location should the device be equipped with location detection capabilities. The Department reserves the right to access, audit and disclose, for whatever reason, any message, including attachments, and any information accessed, transmitted, received or reviewed over any technology that is issued or maintained by the Department, including any department- issued PCD that has been used to conduct department-related business. This includes records of all keystrokes or Web-browsing history made on the PCD. The fact that access to a database, service or website requires a username or password will not create an expectation of privacy if it is accessed through department PCDs or networks. Chesapeake Fire Department Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2023/03/29, All Rights Reserved.Published with permission by Chesapeake Fire Department Personal Communication Devices - 2 701.4 DEPARTMENT-ISSUED PCD Depending on a member’s assignment and the needs of the position, the Department may, at its discretion, issue or fund a PCD for the member's use to facilitate on-duty performance. Department-issued or funded PCDs must be used in accordance with City Administrative Regulation 1.13 as well as City Administrative Regulation 1.32 . Department- issued or funded PCDs may be used for occasional personal business either on- or off- duty when authorized by the Fire Chief or the authorized designee. Such devices and the associated telephone number, if any, shall remain the sole property of the Department and shall be subject to inspection or monitoring (including all related records and content) at any time without notice and without cause. If lost or stolen, the member's immediate supervisor must be promptly notified. Members may be directed to reimburse the City for any costs/charges related to personal use of Department issued cell phones. 701.5 PERSONALLY OWNED PCD Members may carry a personally owned PCD while on-duty, subject to the following conditions and limitations: (a) Permission to carry a personally owned PCD may be revoked if it is used contrary to provisions of this policy. (b) The Department accepts no responsibility for loss of or damage to a personally owned PCD. (c) The PCD and any associated services shall be purchased, used and maintained solely at the member’s expense. (d) The device shall not be utilized to record or disclose any department business- related information, including photographs, video or the recording or transmittal of any information or material obtained or made accessible as a result of employment or appointment with the Department, without the approval of the company officer or incident commander. (e) If the PCD is carried on-duty, members will provide the Department with the telephone number of the device. (f) All work-related documents, emails, photographs, recordings or other public records created or received on a member’s personally owned PCD should be transferred to the Chesapeake Fire Department no later than the end of the member’s shift and deleted from the member’s PCD as soon as reasonably practicable. Except with prior express authorization from their supervisors, members are not obligated or required to carry, access, monitor or respond to electronic communications using a personally owned PCD while off-duty. Chesapeake Fire Department Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2023/03/29, All Rights Reserved.Published with permission by Chesapeake Fire Department Personal Communication Devices - 3 701.6 USE OF PCD The following protocols shall apply to all PCDs that are carried while on-duty or used to conduct department business: (a) A PCD shall not be carried in a manner that allows it to be visible while in uniform, unless it is in an approved carrier. Cell phones should be carried in a safe area so that they do not interfere with the physical requirements of the job and will not fall off or cause others to be distracted by the presence or appearance of the device. If carried into hazardous (IDLH) environments, cell phones must be “intrinsically safe”, consistent with national standards for portable electronic equipment (i.e. portable radios). (b) All PCDs in the workplace shall be set to silent or vibrate mode. (c) A PCD may not be used to conduct personal business while on-duty, except for brief personal communications (e.g., informing family of extended hours). Members shall endeavor to limit their use of PCDs to authorized break times, unless an emergency exists. (d) Members may use a PCD to communicate with other personnel in situations where the use of radio communications is either impracticable or not feasible. PCDs should not be used as a substitute for, as a way to avoid or in lieu of regular radio communications. (e) The use of cell phone/electronic equipment must never be the cause of a delayed response to a call or beginning an assignment. Cell phones/electronic equipment should never be used while providing patient care except to contact medical control or Field Medical Officers typically in the absence of a working portable radio. (f) While assigned to an incident, members shall not, respond to (or make) a personal cell phone call, send text messages, or check electronic mail using a PDA or other electronic device without authorization of the company officer or incident commander. (g) Members are prohibited from taking pictures, audio or video recordings or making copies of any such picture or recording media unless it is directly related to official department business. Disclosure of any such information to any third party through any means, without the express authorization of the Fire Chief or the authorized designee, may result in discipline. (h) Using PCDs to harass, threaten, coerce or otherwise engage in inappropriate conduct with any third party is prohibited. Any member having knowledge of such conduct shall promptly notify a supervisor. 701.7 SUPERVISOR RESPONSIBILITIES The responsibilities of supervisors include, but are not limited to: (a) Ensuring that members under their command are provided appropriate training on the use of PCDs consistent with this policy. (b) Monitoring, to the extent practicable, PCD use in the workplace and taking prompt corrective action if a member is observed or reported to be improperly using a PCD. Chesapeake Fire Department Policy Manual Personal Communication Devices Copyright Lexipol, LLC 2023/03/29, All Rights Reserved.Published with permission by Chesapeake Fire Department Personal Communication Devices - 4 1. An investigation into improper conduct should be promptly initiated when circumstances warrant. 2. Before conducting any administrative search of a member’s personally owned device, supervisors should consult with the Fire Chief or the authorized designee. 701.8 OFFICIAL USE Members are reminded that PCDs are not secure devices and conversations may be intercepted or overheard. Caution should be exercised while utilizing PCDs to ensure that sensitive information is not inadvertently transmitted. As soon as reasonably possible, members shall conduct sensitive or private communications on a land-based or other department communications network. 701.9 USE WHILE DRIVING The use of a PCD while driving can adversely affect safety, cause unnecessary distractions and present a negative image to the public. Firefighters operating emergency vehicles should restrict the use of these devices to matters of an urgent nature and should, where practicable, stop the vehicle at an appropriate location to use the PCD. Except in an emergency, members who are operating vehicles should not use a PCD while driving unless the device is specifically designed and configured to allow hands-free use. Hands-free use should be restricted to business-related calls or calls of an urgent nature. Texting while driving is strictly prohibited unless the specific nature of the emergency requires it (Va. Code § 46.2-1078.1).