Oral Arguments are happening now. View them on the web or via Mobile App on iPhone / iPad or Android (4.0+).

You are here

Electronic Communications Equipment Policy, Control of Administrative Office of the Courts/Probation

Printer-friendly versionPrinter-friendly version
  1. Purpose

 

This Policy provides guidance as to the appropriate circumstances for the Administrative Office of the Courts/Probation (AOC/AOP) purchase/lease of and service support for cellular phones, iPhones/Smart Phones, iPads/Tablets, laptop personal computers, data/air cards and other electronic communication or storage devices for use by employees in the course of their work.

 

  1. Administrative Office of the Courts and Probation Electronic Communications Equipment Policy

 

  1. Authority

 

This Policy is issued by the State Court Administrator under authority authorized by the Nebraska Supreme Court

 

  1. Policy

 

The Electronic Communications Equipment Policy (ECEP) encourages employees to use electronic communications equipment services and facilities for efficiency, conducting official Administrative Office of the Courts/Probation (Judicial Branch) business. There may be many work-related situations that require an employee’s offsite use of electronic resources, such as issues that require immediate attention, prolonged discussions, or working from home during non-business hours. Some AOC/AOP business needs require an employee to be accessible at all times by electronic means, including cellular phones, computers, and other electronic communication devices. Electronic resources provided by the AOC/AOP, however, shall be used primarily for business-related purposes and any personal use of such resources must satisfy the conditions set forth in section III.B of this Policy.

 

  1. Approval of Transactions

 

The State Court Administrator, or his or her designee, has the authority to approve the purchase or lease of electronic communications devices, and the accompanying services under which the AOC/AOP is the official “customer” to be billed.  The State Probation Administrator shall be the designee for all Probation business.  All purchases/leases of this type of equipment/services will be made through the Nebraska State Office of the Chief Information Officer, (OCIO) Network Services Division and /or the AOC Information Technology division.

 


  1. Procedures

 

 

  1. Criteria for Purchasing

 

The AOC/AOP may provide employees with electronic communications resources for use in conducting official AOC/AOP business outside the workplace when there is a significant business-related reason for doing so. To this end, the State Court Administrator or State Probation Administrator who is responsible for Probation may authorize AOC/AOP purchase of electronic resources only when the primary use of the resources will be for AOC/AOP business.

 

The State Court Administrator or division head should consult the following criteria in evaluating the business-related reason for purchasing electronic resources for employee use:

 

  1. Electronic Communication Devices

Electronic communication devices and services may be purchased for those employees whose jobs entail some or all of the following responsibilities:

 

  1. Travel – Employees who frequently travel or are out of the office and need to be in contact with staff, clients, managers, or other AOC/AOP business associates.
  2. Work Location – Employees who typically work in the field or at job sites where access to electronic communications devices is not readily available.
  3. Emergency Response – Employees who need to be contacted and/or to respond in the event of an emergency or are required to be available during non-business hours.
  4. Other – Employees who are required by their division to be accessible at all times by electronic means.


The following list of devices and justifications will assist division heads in determining equipment and service needs for an employee.


iPad Wi-Fi Only (If they are capable of doing the following near a wireless access point.)

  • Employee requires the ability to run a particular application to streamline their daily work,
  • Employee requires the ability to consume reading materials,
  • Employee requires the ability read/compose email frequently.


iPad 3G (Cellular Connectivity and Wi-Fi connectivity, additional data fees will apply)

  • Employee requires the ability to run a particular application to streamline their daily work,
  • Employee requires the ability to consume reading materials,
  • Employee requires the ability read/compose email frequently.


iPhone/Smartphone

  • Employee requires the ability to be contacted 24 hours per day 7 days per week,
  • Employee requires the ability read/compose email frequently,
  • Employee requires the ability to make telephone calls/texting away from their office.


Laptop Personal Computer

  • Employee requires the ability do work away from their office.


Data Card (Cellular Data Connectivity)

  • Employee requires the ability to connect to the Internet or State Data Communications Network frequently while away from their office.


Flash Drive (Thumb Drive)

  • Employee requires the ability to transfer data between non-networked devices,
  • Employee requires the ability to store data for backup purposes.


Web Camera

  • Employee requires the ability connect with video conferencing software.

 

  1. Office Equipment Located at Home and Internet Connection and Access

The AOC/AOP may purchase or lease personal computers and related software, printers, telephone lines, facsimile machines, and Internet and e-mail service for employees who telecommute or frequently work from home. The designated employee will approve such purchases in accordance with AOC/AOP guidelines for employees who work from home. The employee is responsible for ensuring that AOC/AOP equipment in the employee’s off- site workspace is maintained in a safe and secure condition and is used primarily for AOC/AOP business. In addition, the division head should ensure that the employee is informed regarding the AOC/AOP’s information security requirements for electronic communications equipment.

 

  1. Incidental Personal Use

 

Personal use of electronic communications resources shall be kept to a minimum and shall not adversely affect the performance of an employee’s official duties or the functions of an employee’s division. The ECEP allows incidental personal use of an AOC/AOP electronic communications facility or service provided that such use does not violate the circumstances identified in the policy. Such personal use shall not (i) directly or indirectly interfere with the AOC/AOP’s operation of electronic communications resources; (ii) interfere with the user’s employment or other obligations to the AOC/AOP; or (iii) burden the AOC/AOP with additional costs.

 

  1. Documentation

 

An employee who is to be provided electronic communications equipment or services must prior to receipt of such resources sign a usage agreement acknowledging that primary use of the resources will be for official AOC/AOP business and that any personal use of the resources will be incidental in nature. The Employee Agreement Concerning the Use of Electronic Communications Equipment Resources (the “Agreement”) in Appendix A is to be used for this purpose.

 

  1. Reimbursement of Non-Incidental Personal Use

 

As provided under the ECEP, any additional costs for personal use of an AOC/AOP-provided electronic communications resource must be reimbursed by the employee furnished with the resource.

 

With respect to cellular devices, it is the responsibility of the employee to reimburse the AOC/AOP for non-incidental, personal calls reported on statements billed to the AOC/AOP. If the employee should exceed the package minutes under a cellular phone contract, the AOC/AOP shall be reimbursed for any personal calls associated with the excess minutes at the excess-minute rate. If the employee does not exceed the package minutes, reimbursement is not required for any personal calls. However, both the employee and his or her division should annually review the contract with the OCIO Network Services staff to ensure that the employee is utilizing the most cost- effective plan.

 

AOC/AOP guidelines and procedures must utilize similar mechanisms to recover costs associated with the non-incidental personal use of other electronic communications resources where there are statements billed to the AOC/AOP that provide sufficient detail to identify such personal use.

 

  1. Data Security and Confidentiality

 

Employees should be aware that all records related to the purchase, use, and disposition of AOC/AOP-owned electronic communications equipment, including cell phone statements, are the property of the AOC/AOP and are potentially subject to disclosure under the Nebraska Public Records Act.

 

  1. Responsibilities

 

State Court Administrator

 

The State Court Administrator is responsible for establishing and updating the procedures set forth in this Policy.

 

Division Heads

 

The division is responsible for ensuring that any purchase of electronic communications resources for use by an employee conforms to the requirements of this Policy, and that claims submitted for payment or reimbursement include the appropriate supporting documentation. The division head is also responsible for monitoring the personal and business-related use of cellular phones to ensure that its employees are utilizing the most appropriate plan and for obtaining reimbursement for any personal use that burdens the AOC/AOP with additional costs, in accordance with this Policy.

 

Employees

 

An employee assigned AOC/AOP electronic communications equipment is responsible for safeguarding the equipment and controlling its use. The employee is required to reimburse the AOC/AOP for any Personal Use of a cellular phone should that result in additional costs to the AOC/AOP and should annually review the contract to ensure that the calling plan is appropriate for his or her business use.

 

The employee is expected to avoid using a cellular phone or any other type of electronic communications equipment under any circumstances where such use might create or appear to create a hazard, including use while operating a motor vehicle. In addition, the requirement does not apply to any AOC/AOP employee who uses a cellular telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire division, or other emergency services agency or entity.

 

Any employee whose electronic communications equipment is mislaid or stolen should immediately report the loss or theft of such equipment to his or her division head and to the AOC Information Technology division, to the service carrier, and to the Office of the CIO if applicable. If it is determined the loss or damage to the equipment was caused by negligence by the employee, the cost to replace or repair the item may be passed on to the employee.  Upon separation from AOC/AOP employment, the employee is required to promptly return such equipment to the AOC/AOP.           


 

Appendix A

 

To:       Division Head

 

Re:       Employee Agreement Concerning the Use of Electronic Communications Equipment   Resources

 

I hereby certify that I am the recipient of the following AOC/AOP-provided electronic communications equipment and/or services (check appropriate box):

 

____ Equipment - I agree that this equipment is to be used primarily for official AOC/AOP business, and that any personal use of the equipment will be kept to a minimum. I agree to reimburse my division for any personal use of this equipment that results in additional costs to the AOC/AOP and will exercise appropriate care and caution when using the equipment, in accordance with the policy and procedures set forth in AOC/AOP Electronic Communication Equipment Policy, In addition, I understand that all records related to the purchase, use, and disposition of this AOC/AOP-owned equipment, including cell phone statements, are the property of the AOC/AOP and potentially subject to disclosure under the Nebraska Public Records Act.

 

I further understand that I am responsible for safeguarding the equipment, including any data on the equipment, and controlling its use in accordance with the AOC/AOP Electronic Communication Equipment Policy. If the AOC/AOP determines that there is no longer a business need for me to possess such equipment, I will return the equipment. Likewise, if I separate from AOC/AOP employment, I will promptly return the equipment to my division.

 

Any employee whose electronic communications equipment is mislaid or stolen should immediately report the loss or theft of such equipment to his or her division, to the AOC Information Technology division, to the service carrier if applicable, and to the Office of the CIO. If it is determined the loss or damage to the equipment was caused by negligence by the employee, the cost to replace or repair the item may be passed on to the employee. 

 

Device 1______________________________Device 2_______________________________

Device 3______________________________Device 4_______________________________

Device 5______________________________Device 6_______________________________

 

_____ Services - I agree that this service is to be used primarily for official AOC/AOP business, and that any personal use of the service will be incidental in nature. I agree to reimburse my division for any personal use of this service that results in additional costs to the AOC/AOP, in accordance with the policy and procedures set forth in AOC /AOP Electronic Communication Equipment Policy. In addition, I understand that all records related to the purchase and use of this AOC/AOP-provided service, are the property of the AOC/AOP and potentially subject to disclosure under the Nebraska Public Records Act.

 

I further understand that if the AOC/AOP determines there is no longer a significant business need for me to utilize this service, the AOC/AOP will discontinue its funding of the service. Likewise, if I separate from AOC/AOP employment, the service will no longer be paid for or reimbursed by the AOC/AOP.

 

Name:                                                                            Title:                                                                          

 

Signature:                                                                      Date:                                                                           

 


**********

Also contained within this policy is the “New Employee Information Technology Checklist” which is found on the Q drive: 

 

Q://Queries/Administrative Policies/PDF/new employee IT checklist-fillin.pdf

 

 

This page was last modified on Wednesday, January 9, 2013