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Copyright Lexipol, LLC 2025/05/26, All Rights Reserved. Published with permission by Santa Monica Police Department Personal Communication Device s - 1 Santa Monica Police Department Santa Monica Police Department Policy Manual Personal 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 generically refers to all such devices as Personal Communication Devices (PCDs) but 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. PCD use includes, but is not limited to, plac ing 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 Santa Monica Police Department allows members to utilize Department -issued or funded PCDs and to possess personally owned PCDs in the workplace, subject to certain limitations. Any PCD used while on- or off-duty for business -related purposes, or reasonably associated with work -related misconduct, will be subject to monitorin g and inspection consistent with applicable law and this policy. Additionally, the use of a PCD either on-duty or after duty hours for business -related purposes, or reasonably associated with work -related misconduct, 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 supervi sory personnel. 701.3 PRIVACY EXPECTATION Members forfeit any expectation of privacy with regard to any communication accessed, transmitted, received, or reviewed on any PCD issued or funded by the Department and shall have no expectation of privacy in their lo cation should the device be equipped with location -detection capabilities. This includes records of all keystrokes or web -browsing history made on the PCD. The fact that access to a database, service, or website requires a username or password will not create an expectation of privacy if it is accessed through Department PCDs or networks (see the Information Technology Use Policy for additional guidance). Members have no expectation of privacy regarding any communications while using a personally owned PCD for Department -related business or when the use reasonably implicates work -related misconduct. 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 PCDs can be retrieved, reassigned, accessed or used by any member as directed by a Policy 701 Copyright Lexipol, LLC 2025/05/26, All Rights Reserved. Published with permission by Santa Monica Police Department Personal Communication Device s - 2 Santa Monica Police Department Santa Monica Police Department Policy Manual Personal Communication Devices supervisor without notice. Member use of a Department -issued PCD and use of a personal PCD at work or for work -related business constitutes specific consent for access for Department purposes. Prior to conducting an administrative search of a PCD, supervisors should consult legal counsel to ensure access is consistent with CalECPA (Penal Code § 1546; Penal Code § 1546.1). 701.4 DEPARTMENT -ISSUED PCD Depending on a member's assignment and the needs of the position, the Department may, at its discretion, issue or fund a PCD. In accordance with the City's Administrative Instruction, II-4-12 (Employee Use of City and Personal Telecommunication Equipment ), different types of PCD's may be approved and issued to employees after the following factors have been considered: (a) There is a critical need for public or employee safety, including employees responsible for emergency response situations and emergency preparedness activi ties. (b) Employees who are frequently called upon to make administrative decisions off -site or during off -hours. (c) Employees who have a need to use cameras for documentation or to access data, e- mail, or business applications when away from their primary computer or when working in the field. Department -issued PCDs are provided as a convenience to facilitate on -duty performance only and shall be used for official City business. Department -issued or funded PCDs may not be used for personal business either on - or off -duty unless authorized by the Chief of Police or the authorized designee. Such devices and the associated telephone number, if any, shall remain the sole property of the Department and shall be subject to inspection or monitoring (includ ing all related records and content) at any time without notice and without cause. Unless a member is expressly authorized by the Chief of Police or the authorized designee for off-duty use of the PCD