Electronic_Communication_Devices

Policy 701CSU Police Department Policy Manual Copyright Lexipol, LLC 2025/02/14, All Rights Reserved. Published with permission by CSU Police DepartmentElectronic Communication Devices - 1Electronic 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 refers to such devices as Electronic Communication Devices (ECDs) which includes either Personal Communication Devices (PCDs) or Department-Provided Communication Devices (DCDs) and is intended to include all mobile telephones, personal digital assistants (PDAs), wireless capable tablets and similar wireless two-way communications and/or portable Internet access devices. ECD 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 CSU Police Department allows members to utilize department-issued or funded DCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any DCD 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 an ECD while on-duty may impair officer safety. Additionally, members are advised and cautioned that the use of a personally owned PCD either on-duty or after duty hours for business-related purposes may subject the member and the member’s PCD records to civil or criminal discovery or disclosure under applicable public records laws. Members who have questions regarding the application of this policy or the guidelines contained herein are encouraged to seek clarification from supervisory personnel. 701.3 PRIVACY EXPECTATION Members have a limited expectation of privacy with regard to any work-related communication accessed, transmitted, received or reviewed on any PCD. Members shall have no expectation of privacy with regard to any DCD, including their location should the device be equipped with location detection capabilities (see the Information Technology Use Policy for additional guidance). 701.3.1 CALIFORNIA ELECTRONIC COMMUNICATIONS PRIVACY ACT (CALECPA) No member is authorized to be the sole possessor of a department-issued PCD. Department- issued DCDs can be retrieved, reassigned, accessed or used by any member as directed by a supervisor without notice. Member use of a department-issued DCD constitutes specific consent for access for department purposes. CSU Police Department Policy Manual Electronic Communication Devices Copyright Lexipol, LLC 2025/02/14, All Rights Reserved. Published with permission by CSU Police DepartmentElectronic Communication Devices - 2701.4 DEPARTMENT-ISSUED DCD Depending on a member’s assignment and the needs of the position, the Department may, at its discretion, issue or fund a DCD. Department-issued or funded DCDs are provided as a convenience to facilitate on-duty performance only. Such devices and the associated telephone number 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. Prior to conducting an administrative search of a DCD, supervisors should consult legal counsel to ensure access is consistent with CalECPA (Penal Code § 1546; Penal Code § 1546.1). Unless a member is expressly authorized by the Chief of Police or the authorized designee for off-duty use of the DCD, the DCD will either be secured in the workplace at the completion of the tour of duty or will be turned off when leaving the workplace. 701.5 PERSONALLY OWNED PCD Members may carry a personally owned PCD while on-duty, subject to the following conditions and limitations: (a)The Department accepts no responsibility for loss of or damage to a personally owned PCD. (b)The PCD and any associated services shall be purchased, used and maintained solely at the member’s expense. (c)The device should not be used for work-related purposes except in exigent circumstances (e.g., unavailability of radio communications). Members will have a reduced expectation of privacy when using a personally owned PCD in the workplace and have no expectation of privacy with regard to any department business-related communication. 1.Members may use personally owned PCDs on-duty for routine administrative work as authorized by the Chief of Police. (d)The device shall not be utilized to record or disclose any 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 with the Department, without the express authorization of the Chief of Police or the authorized designee. (e)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 CSU Police Department and deleted from the member’s PCD as soon as reasonably practicable but no later than the end of the member’s shift. Except with prior express authorization from their supervisor, members are not obligated or required to carry, access, monitor or respond to electronic communications using a personally owned PCD while off-duty. If a member is in an authorized status that allows for appropriate compensation consistent with policy or existing memorandum of understanding or collective bargaining agreements, or if the member has prior express authorization from his/her supervisor, the member may engage