MOBILE COMMUNICATION DEVICES USAGE POLICY

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1 MOBILE COMMUNICATION DEVICES USAGE POLICY This policy describes the administration and permissible and prohibited uses of Authorityissued mobile communication devices ( MCDs ) as well as certain permissible and prohibited uses of personal MCDs. The policy also addresses the use of Authority or personal MCDs while driving or while engaged in certain operations or dangerous activities. This policy will be distributed to all employees, whether or not they currently have an MCD assigned to them. The Authority shall, through direct transmission of this policy (or a substantially similar version of this policy) or as a contractual requirement, impose this policy upon all contractors, consultants, services providers, vendors, and others doing business with the Authority, as appropriate. This policy may be revised in whole or in part from time to time at the Authority s sole discretion. Changes to this policy will be communicated in writing to all employees and others covered hereunder. This MCD usage policy shall not preclude the CEO and Executive Director, Chief of Staff, or an Authority Department Head from issuing a specific MCD policy to his or her staff, contractors, consultants, service providers, vendors, or others doing business with the Authority, that is consistent with or more stringent than the MCD usage policy set forth herein. This policy covers the use of cell phones, smartphones, pagers, blackberries, 2-way radios, Bluetooth devices, and other similar MCDs, as well as MP3 players, ipods, portable internet devices, wireless laptops, gaming devices, or other wireless and/or portable electronic handheld equipment, with or without headphones or earbuds of any type. Use (or prohibited use) of MCDs under this policy includes, but is not limited to, telephoning, checking the time on an MCD, texting, gaming, reading, ing, listening to music on an MCD, or viewing broadcasts or other media. For purposes of this policy, MCDs shall not include the Authority s Motorola two-way radios, FAA ground control radios, or Nextel Direct Connect service devices issued by the Authority to employees and others, as necessary and as absolutely required, for the proper, safe, and satisfactory performance of their duties. As referenced in this policy, vehicle is defined to include motorized or light equipment, such as Bobcats, scissor lifts, motorized carts, etc. 1. Business Need Determination: The Authority provides MCDs to those personnel it deems to have a legitimate business requirement for contact when away from their desks during work days and non-work days. Before any employee is assigned an MCD, his or her Department Head is responsible for certifying in writing the business need for that employee to be assigned an MCD. The list of employees assigned MCDs will be distributed to Department Heads twice a year for their review and written authorization. If the Department Head determines that the business need is no longer present, the MCD assignment will be terminated, and the Department Head will recover the MCD from the employee. 1

2 2. Equipment: The specific MCDs to be used will be determined by the Information Technology Department based on the needs of the Authority, including, but not limited to: functional requirements, with special focus on emergency and/or security needs; range and reliability considerations; management control and billing review features; and cost. Any request by an employee for a new device, accessories, or repairs should be approved by his or her Department Head and forwarded to the Information Technology Department. After review and approval by the Information Technology Department, the request will be forwarded to the Administration and Finance Department by the Information Technology Department for processing and procurement. 3. Usage: It is the intent of the Authority to allow employees to use their MCDs consistent with this policy. Employees should exercise good judgment and courtesy in the use of MCDs during meetings. When away from their offices, employees to whom MCDs have been assigned are responsible for carrying their MCDs, keeping them charged, and turning them on during working hours so that they may be contacted. If so requested by their Department Head, employees will also keep their MCDs charged and turned on during non-working hours. Employees are permitted to use their MCDs in emergency situations requiring calls for assistance. For example, calls to 911 or towing services are allowed under this policy. Employees are strictly prohibited from using their MCDs to threaten, intimidate, or harass any person in a manner that violates state or federal law, Massport s Policy Against Harassment, and Massport s Policy Against Violence in the Workplace, and are also prohibited from using their MCDs in violation of any other applicable law, Massport policy, rule, or practice. Employees shall protect all forms of non-public information that is either stored or transmitted on or through MCDs, including, but not limited to, protected information, personal information, and sensitive security information. 4. Personal Use: An Authority MCD is assigned for legitimate Authority business uses in order to maintain a means of constant communication for Authority business reasons, although some reasonable and limited personal use of an Authority MCD is anticipated and permissible, provided that such use is consistent with this policy and with the employee s responsible performance of his or her job. Personal use of an Authority MCD (except for reasonable and incidental use of a hands-free MCD) while driving any vehicle is absolutely prohibited. (see, Section 5) Employees should pay the Authority for any and all personal usage that may fall outside the category of incidental or reasonable personal use, whether or not the number of plan minutes available has been exceeded. A per-minute charge for these calls will be established and disseminated by Central Services. Employees are prohibited from using their Authority MCDs for any non-authority business purposes, including, but not limited to, any use related to an employee's personal consulting practice or other self-employment, or employment with an employer other than the Authority. 2

3 If, upon management review, an employee s personal use is deemed to be excessive or inappropriate, the MCD assignment may be revoked. 5. Prohibited Use While Driving: Personal Use. Using an Authority MCD for personal purposes while driving any vehicle and using a personal MCD (i.e., not Authority-issued) for personal purposes while driving an Authority vehicle or while driving any vehicle for Authority business purposes are prohibited, except that an employee may use an MCD for reasonable and incidental personal purposes while driving if that employee is employing hands free technology. Business Use. Using an Authority MCD or a personal MCD for Authority business while driving any vehicle shall be prohibited, subject to the following two exceptions: (1) Personnel with public safety or security responsibilities who, with Department Head authorization, must respond to a critical incident or other immediate emergency situation involving or affecting the Authority, and employees with operational responsibilities who, with Department Head authorization, must respond to an immediate operational need of the Authority requiring their immediate attention, are permitted (if unable to safely park the vehicle) to use a cell phone while driving, but only to the extent such use is necessary to effectively respond to the critical incident, emergency situation or immediate operational need. In particular, no employee shall initiate a call while driving unless such call is necessary to respond to the situations described in the preceding sentence. (2) Employees are permitted to conduct Authority business while driving using an MCD if that employee is employing hands free technology. Text Messaging/Blackberries. Engaging in text messaging, or using a blackberry, wireless laptop, or any other technology that requires users to view messages or use a keypad to create text, while driving an Authority vehicle, or while driving any vehicle on Authority business, is strictly prohibited. 6. Prohibited Use While Engaged in Certain Operations or Dangerous Activities. Employees, while actively engaged in performing any equipment operations or critical maintenance, operational, inherently dangerous, or hazardous activities, are prohibited from using a personal MCD or an Authority MCD for personal or business use. 7. Management Reports and Billing: Each month the original MCD bills will be reviewed and coded by Central Services (Sprint/Nextel, or subsequent provider) or Information Technology (Verizon, or subsequent provider) to the appropriate department/unit account and sent to Accounting for payment to the service provider. Summary reports and detailed billing and/or usage information will be forwarded to the employee s department. Department Heads, or their designees, must sign the summary report to indicate they have reviewed all charges and/or usage and will follow up as appropriate with individuals whose usage appears problematic. The summary report should then be returned to Central Services. Each employee assigned an Authority MCD will receive a detailed bill for review as well as a form on which to indicate whether he or she is required to make a personal payment for use. Whether or not a payment for personal use is due, this form, along with a personal check for 3

4 the amount of the payment, if necessary, should be submitted to Central Services within ten business days of receipt of the bill. To assist departments, Central Services will issue a quarterly report to the Department Head detailing payments made for personal use, by person, by month, for review. 8. Reimbursement for Non-Authority MCDs: In the case of an employee who has been designated by his or her Department Head as requiring an MCD for legitimate Authority business purposes but for whom an Authority MCD is impracticable, the following arrangement may be permitted with the advance written approval of the Department Head and the Director of Information Technology. It is expected that this alternative will be exercised in limited instances where a compelling business case is present (for example, inadequate coverage of the standard Authority device in key geographic areas). Under this arrangement, the employee may procure his or her own MCD and receive reimbursement by the Authority at a level equivalent to 75% of the monthly service plan charge for the basic Authority plan, or 75% of the cost of the individual s base plan, whichever is less. This reimbursement is payable semi-annually in arrears on a schedule that will be determined by Central Services. To receive payment, the employee will submit a form certifying his or her eligibility for reimbursement. The Department Head, or designee, will sign off on this form before it is forwarded to Accounting for payment. Under this arrangement, employees would not be eligible to apply for reimbursement of individual calls. An employee choosing this option must provide his or her MCD number for the Authority s use and must abide by the requirement to keep the MCD charged, on, and available at all times during working hours and, if the employee s Department Head so requests, during non-working hours to permit continuous business contact. The Authority reserves the right to review the personal MCD bills of employees authorized to use this alternative arrangement, in order to conduct periodic management reviews and/or to confirm an ongoing business need for this arrangement. 9. Reimbursement of Individual Phone Calls: Except as provided in the paragraph above, any employee who incurs an expense in using his or her personal MCD (i.e., not Authority-issued) for a legitimate Authority business purpose may file for reimbursement of such expense using the standard expense report process. It is the expectation that such instances would be limited given that employees have the opportunity to conduct most normal business during work hours and at Authority facilities. 10. Responsibility: Employees who are issued Authority MCDs, as well as employees who file for reimbursement in accordance with the preceding paragraph, are responsible for understanding and complying with the requirements of this policy. The Director of Administration and Finance, or his/her designee, shall have final decision-making authority regarding the issuance and use of Authority MCDs. 11. Public Records: Employees are reminded that billing information and all MCD records may be subject to public disclosure in accordance with the state s Public Records Law. 12. The Authority s Right to Review Records: The Authority reserves the right for appropriate Authority officials to review any and all employee MCD records and billing 4

5 information for Authority-issued MCDs and for MCDs for which reimbursement is provided under paragraphs 8 and Return of MCDs: Authority MCDs are the Authority s property. Authority employees must return their Authority MCD immediately upon resignation or termination from employment. Authority employees must return their MCDs immediately if their Department Head determines that the employee no longer has a legitimate business need for the MCD. In addition, if an employee s Department Head so decides, an employee on a leave of absence will be required to return his or her Authority MCD. 14. Porting: Porting of wireless numbers (an employee either porting their personal number to the Authority s MCD or porting their Authority number to their personal phone) shall not be permitted unless there is a compelling reason to do so and such justification is approved by the Director of Information Technology. 15. Penalties: Failure to comply with this policy may result in the revocation of Authority-issued MCDs, forfeit of reimbursements, and/or disciplinary action up to and including suspension and termination. 5