Staff Use of Cellular Telephones Regulation - 5325-R

All devices (SWBOCES-owned or approved personal devices) must meet the following criteria to satisfy the requirements of the Mobile Device Management software and access to SWBOCES data:

• A lock screen PIN will be required to protect all cell phones from unauthorized access.
• All cell phones must automatically lock after a period of inactivity not to exceed 5 minutes.
• All SWBOCES-owned devices will be activated and enrolled via our Mobile Device Management tool.
• All SWBOCES-owned devices must not be turned off for periods of time exceeding two (2) weeks as the device can be flagged as lost and can lose functionality. 
• Employees assigned a device, that will be on extended leaves or breaks (e.g. summer break or periods of time exceeding two (2) weeks), should have the device turned on and connected to a charger.
• All SWBOCES-owned devices will have certain approved free productivity apps available for use.
• All SWBOCES-owned device users will be provided with a BOCES Apple ID to back up their device.
• Personal Apple IDs should not be loaded on SWBOCES-owned devices.    
• Requests for apps not in the SWBOCES approved app store should be submitted to the Director of Technology for review. 
• It is the user’s responsibility to meet these and other requirements that may or may not be explicitly expressed in order to maintain secure access to work-related data on either SWBOCES-owned or approved personal devices.
• Failure to meet these requirements on any approved device will trigger an automatic revocation of access to SWBOCES data on that device.

Employees must make every effort to protect devices from damage or theft. All SWBOCES-owned devices should not be left unattended or unsecured. It is the responsibility of the user to keep the device in a secure location even during extended periods of break or time off (e.g. summer break or periods of time exceeding two (2) weeks). 

If a device is lost or stolen (SWBOCES-owned or personal), the employee must contact the Assistant Superintendent for Business and Administrative Services within 48 hours of the loss.  SWBOCES will not be responsible for the replacement cost of any approved personal lost or stolen device.

All requests for cell phones or allowances shall be made to the appropriate Center Director or their designee on a form provided by the Business Office.  The Business Office will be responsible for obtaining any SWBOCES-owned devices and providing upgrades to existing SWBOCES-owned equipment. SWBOCES is responsible for establishing and maintaining criteria used for distinct groups who will be covered under this regulation.  A list of job titles requiring the use of cell phones will be maintained by the business office. The amount of the allowance provided is subject to change or cancellation as determined by SWBOCES.  For all devices (SWBOCES-owned or approved personal devices), employees are permitted to purchase and provide their own accessories at their own cost without reimbursement.

For eligible employees who choose to use their personal cell phones, a quarterly allowance will be paid via an accounts payable check or direct deposit. This allowance will be determined by SWBOCES and is intended to reimburse the employee for the average business use of the cell phone, not to pay the entire monthly bill. 

Personal devices will be subject to Freedom of Information Law (FOIL) data requests and/or legal subpoenas.  SWBOCES will only manage SWBOCES applications on a SWBOCES-owned devices. All other issues with the approved personal device will be the employee’s responsibility for resolution.

For eligible employees who choose to utilize a SWBOCES-owned cell phone an annual amount will be deducted (pre-tax) from their paycheck.  This amount will be determined by SWBOCES and will be divided over the employee’s applicable number of paychecks. This deduction covers the use of the device for approved personal activity by the employee.  Approved personal activity is limited to domestic phone calls and/or text messages.  Employees who are issued an SWBOCES-owned cell phone are prohibited from making or receiving international calls and downloading any applications that do not pertain specifically to job responsibilities and may be subject to audit for compliance at any time.

The amount for allowances and deductions will be reviewed at least annually and will be as follows:

• SWBOCES-owned Device Annual Deduction: $180 for Voice Only or Smart Phone
• Personal Device Allowance: $180 for Voice-only or $240 for Smart Phone

For employees who must be accessible but choose to use a SWBOCES-owned device for business purposes only, there will be no charge to the employee and no personal use will be permitted.  Employees who choose this option will be required to attest in writing that the utilization of the device will be for business purposes only.  SWBOCES reserves the right to audit phone numbers called from the device.  If activity on the device is deemed to be personal, the employee will be required to pay SWBOCES for those charges at a rate determined by the Assistant Superintendent for Business.  Employees who are in violation of this provision will be required to select a different option for their cell phone.       

For SWBOCES-provided equipment, it will be at the sole discretion of the Business Office which model device is purchased for use by employees.

For approved personal devices, SWBOCES will not pay for activation fees, termination fees, or insurance. The cell phone will belong to the employee, not SWBOCES.  The employee is responsible for purchasing the cell phone and establishing a service contract with the service provider of their choice. The cell phone contract will be in the name of the employee who is solely responsible for all payments to the service provider.  The employee will purchase the service and equipment; determine plan choices, service levels, calling areas, service and phone features; and accept termination clauses and payment terms.

SWBOCES will continually evaluate the usage and need for cell phones based on the criteria related to job responsibilities.

At any time upon request, the employee may be asked to produce the SWBOCES-owned cellular device for return and inspection.  Employees should not allow the SWBOCES-owned device to be in another person’s possession at any time. Employees unable to present the device in good working condition will be expected to bear the cost of the replacement. Upon resignation or termination of employment, all SWBOCES-owned cell phones must be returned to the Business Office at 17 Berkley Drive.