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Subject: Cellular Telephone/                     Effective:         
               Acquisition Employee Use

Supersedes:                                                  Revised:          

Author:                                                         Approved by:                          
                                                                                           Chair Board of Health
_________________________________________________________________

Purpose:

The Board of Health has determined that the Health Officer has the authority to require that certain members of the Health District senior management staff carry cellular phones at all practical times to assist with communications in the event of a disaster. In compliance with guidelines issued by the State Auditor, there are two options for providing cellular technology services to Health District Employees. The Health District may purchase cellular telephones for Employees to make business-related calls or calls as outlined under a reimbursement agreement, or an Employee may purchase a cellular telephone and request reimbursement from the Health District for business calls.

Definitions:

1.   Business calls. Calls directly related to Health District business. The Health District shall pay for such calls.

2.   Emergency calls. Calls not related to Health District business, that are time sensitive in nature, and for which no reasonable alternative communication method is available. The employee shall pay for such calls.

3.   Personal calls. Calls not related to Health District business, that are not time sensitive in nature. The employee shall pay for such calls.

Policy/Procedures:

1.   Health District-Owned Cellular Telephones.

      a.    Expenses accrued for the purchase of Health District-owned cellular phones and airtime usage should be billed directly to the Health District.

      b.   Health District-owned cellular telephones and services shall be used for Health District business and in the event of emergencies.

      c.   Cellular telephones should not be used for Health District business when a less costly alternative is safe, convenient and readily available.

      d.   The Health District will reserve the right to monitor the use of all Health District-owned cellular telephones.

      e.   Cellular transmissions are not secure. Employees should use discretion in relaying confidential information.

      f.    Reasonable precautions should be made to prevent equipment theft and vandalism.

      g.   Health District-owned cellular phones should not be used predominantly for personal calls; however, the Health District recognizes that occasions arise in which emergency calls need to be made. The Health District will define the nature of business, emergency and personal calls. Employees will provide phone numbers and names of persons or businesses that have been called for personal reasons to the appropriate Health District personnel. The Health District and Employee will agree upon a mechanism by which reimbursement for personal calls will be made. A reimbursement agreement shall be signed between the Employee and Health District to secure payment for personal cellular telephone use.

2.   Employee-Owned Cellular Telephones.

      a.   Expenses accrued for the purchase of Employee-owned cellular phones and airtime usage should be billed directly to the Employee.

      b.   Prior approval and usage agreements shall be established for Employee-owned cellular telephones being used for Health District business.

      c.   Employees should seek reimbursement from the Health District for business related cellular calls using the Health District "Claims for Expenses" form.

      d.   Airtime charges will be prorated according to the costs billed for business and non-business related calls.

      e.   Cellular telephones should not be used for Health District business when a less costly alternative is safe, convenient and readily available.

3.   Safe Usage of Cellular Telephones.

      a.   Cellular phones should not be used while driving.

      b.   Vehicles should be parked, when safe to do so, to make or receive calls.

      c.   If cellular phones must be used while operating vehicles, care should be taken to maintain safe driving.

      d.   When using a cellular phone, drivers should avoid taking notes, looking up information or performing any other activities that could distract them from driving.

PERSONAL CELLULAR PHONE AGREEMENT

This agreement is entered into between ___________ Health District, hereinafter referred to as the "Health District" and, hereinafter referred to as "Employee," on the          day of, 20.

WITNESSETH:

WHEREAS, the Health District desires to provide the tools to help Employees communicate in the event of a disaster; and

WHEREAS, the law and the cellular supplier provides the opportunity to meet the needs expressed by both the Health District and the employees;

NOW, THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, the parties hereto agree as follows:

A.  THE EMPLOYEE SHALL:

      1.   Acknowledge their status as an emergency worker.

      2.   Agree to assume full responsibility for any and all costs associated with cellular phone service and pay said costs promptly.

      3.   Pay for any installation charges and any equipment needed, which will remain the property of the Employee.

      4.   By signing this agreement, be deemed to authorize the withholding of funds from the Employee paycheck, any amount necessary to pay for charges the Health District incurs as a result of this contract.

      5.   Authorize, in the event the relationship between the Employee and the Health District is terminated, the Health District to withhold any and all of the Employee's final reimbursement or paycheck until such a time as the Health District is notified by                                  that all charges and obligations for service have been paid in full.

      6.   Fully indemnify, release and hold harmless the Health District for any monetary costs or claims of any nature arising out of this cellular telephone program.

B.   THE HEALTH DISTRICT SHALL:

      1.            Authorize this individual to be on this plan.

      2.            Authorize billing and be the responsible party of record for cellular telephone service through                                  .

C.  TERM:

      The term of Agreement shall begin on                              , 19     , and shall automatically renew annually unless terminated according to the provisions herein.

D.      TERMINATION:

      1.   Termination of Convenience. Upon mutual agreement, either party may terminate the Agreement immediately with written notice to the other party. The Health District may terminate this agreement by notifying                                  that the Employee number is no longer authorized to participate in the program, followed by written notice to the Employee.

      2.    Termination for Cause. If the Employee fails to perform in the manner called for in this Agreement, or if the Service Provider fails to comply with any of the provisions of the Agreement, or if the Employee fails to participate actively with the Health District, or if the Employee does not maintain an acceptable performance evaluation, the Health District may terminate this Agreement. Termination shall be effected by notifying                                  that the Employee's number is no longer authorized to participate in the program, followed by written notice to the Employee.

E.      ATTORNEY'S FEES AND COSTS:

      If any legal proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any of the provisions of this Agreement, the Health District shall be entitled to recover from the Employee, in addition to any other relief to which such party may be entitled, reasonable attorney's fees and other costs incurred in that action or proceeding.

F.      JURISDICTION:

      1.   The Agreement has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance.

      2.   Any action of law suit in equity or judicial proceeding for the enforcement of this Agreement or any provisions thereof, shall be instituted and maintained only in any of the courts of competent jurisdiction in ______________ County, Washington.  

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first written.

___________________ HEALTH DISTRICT  EMPLOYE

Subscribed and sworn to before me this          day of                           , 19     .

Notary Public in and for the

State of Washington, residing

in                       , Washington, U.S.A.

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