UNC Police: General Order 11-20 - Mobile Communication Devices

Title

UNC Police: General Order 11-20 - Mobile Communication Devices

Document Information

Purpose

The purpose of this written directive is to set forth the policies and procedures of the University of North Carolina at Chapel Hill Police Department (UNC-Chapel Hill Police Department) regarding the appropriate use of University-owned Mobile Communication Devices, personal Mobile Communication Devices and other forms of electronic data, while on duty.

Policy

It is the policy of the UNC-Chapel Hill Police Department that its employees must use any Mobile Communication Devices in a manner that is safe and effective. Personnel must not allow use of these devices to compromise in any way their attention to duty; attention to their own safety and that of their fellow officers; and/or attention to persons in need of their assistance.

Units Affected

All Divisions/Personnel with an assigned cell phone or Mobile Communications Device.

References/Forms

• Freedom of Information Act (FOIA)
• Jeffery Allen et al. v. City of Chicago, Case No. 16-1029
• North Carolina General State Chapter 32: Public Records Act
• North Carolina General State Chapter 126: North Carolina State Personnel Act
• North Carolina Open Government Guide, Attorney General Josh Stein
• State of North Carolina Budget Manual (Section 5.10)
• University at North Carolina at Chapel Hill Data Network Policy
• University of North Carolina at Chapel Hill Data Network Standard
• University of North Carolina at Chapel Hill Information Security Incident Management Standard
• University of North Carolina at Chapel Hill Information Classification Standard
• University of North Carolina at Chapel Hill Information Security Controls Standard
• University of North Carolina at Chapel Hill Information Technology Acceptable Use Policy
• University of North Carolina at Chapel Hill Police Department General Order 14-01R: Data Network Use Policy
• University of North Carolina at Chapel Hill Police Department General Order 14-02R2: Social Media Policy
• University of North Carolina at Chapel Hill Policies and Procedures under the Family Rights and Privacy Act of 1974 20 U.S. Code § 1232g
• University of North Carolina at Chapel Hill Policy on Privacy of Electronic Information
• University of North Carolina at Chapel Hill Policy on Public Records Request
• University of North Carolina at Chapel Hill Policy on Terms of Use for Administrative Systems
• University of North Carolina at Chapel Hill Policy on Records Management
• University of North Carolina at Chapel Hill Records Retention and Disposition Schedule
• University of North Carolina at Chapel Hill Wireless Standard

Definitions and Descriptions

Information: Any communication or representation of knowledge such as facts, data, or opinions in any medium or form, including textual, numerical, graphic, cartographic, verbal, or audio/visual.

Information Technology Systems and Services (IT): Any equipment or interconnected system or subsystem of equipment that is used in the acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or Information. The term Information Technology includes computers, mobile devices, ancillary equipment, software, services, including network and support services, and related resources.

ISP: Internet Service Provider.

Mobile Communications Device: Any electronic communication device and/or Service Plan attached including but not limited to: cellular phone; voice/text messaging; cellular phone; ISP; data service associated with devices such as smart phones and PDA’s; and cellular wireless modems associated with devices such as laptop computers, hotspots, air cards, and jetpacks.

Service Plan: A Service Plan generally consist of some combination of voice, texting, data, and associated provisioning fees such as a line access charges and taxes.

University: The University of North Carolina at Chapel Hill.

University Information: University-owned Information, or Information made or received in connection with the transaction of University business by an affiliate of University of North Carolina at Chapel Hill. Data, Information, or records maintained by the University in any medium or form.

Procedures

I. General Considerations and Guidelines

1. The use of Mobile Communication Devices has proven to be an effective supplemental method of communication with supervisors, other members of the UNC-Chapel Hill Police Department, and communications with the public. Such use is not intended to replace the radio communications network. These alternative communication devices are only to be used to supplement the radio communications network.
   1. All personnel must be courteous and professional, and comply with all laws when using any Mobile Communications Devices to carry out UNC-Chapel Hill Police Department business.
   2. All personnel must answer any Mobile Communication Device, in a clear and courteous manner.
2. Use of University-owned Mobile Communication Devices is limited to official UNC-Chapel Hill Police Department business and are issued to personnel whose job descriptions, duties, or responsibilities are determined by the Chief of Police to require a University-owned Mobile Communication Device. Personnel assigned a Mobile Communication Device are required to:
   1. Ensure phone is operable while on duty;
   2. Keep the phone “on” at all times except in those circumstances where it may be considered disruptive or a distraction while on duty;
   3. Keep the phone on your person(s) or close enough to your person to answer a call or text message that might be work related;
   4. Respond to all calls that are work related within your tour of duty or the next scheduled workday. From time to time, you may need to answer a phone call or text while off-duty;
   5. All Mobile Communication Devices should be set to silent or vibrate in situations where a cell phone rings could be disruptive; and
   6. Refrain from disseminating work-related text messages after 9 pm unless the situation is urgent and requires an immediate action or response.
3. The safe operation of a UNC-Chapel Hill Police Department vehicle will always take precedence over the use of any Mobile Communication Device.
   1. Personnel may use Bluetooth or similar hands-free devices in conjunction with their Mobile Communication Devices. The allowed use of such devices does not relieve officers of their obligation to minimize the use of Mobile Communication Devices, while engaged in their duties.
4. Personnel have no expectation of privacy with any communication made with, stored in, or through the University-owned Mobile Communication Devices issued by the UNC-Chapel Hill Police Department, and have no expectation of privacy in their location, should the device be equipped with location detection capabilities.
5. Access to the internet is intended for official work-related business only. The internet must not be used for any unprofessional and/or illicit purposes, and must follow the use of the University’s Information Technology Acceptable Use Policy.
   1. Personnel must not use a University-owned Mobile Communication Device to access their personal social networking/social media internet sites either while on duty or off duty for any purpose that is not official UNC-Chapel Hill Police Department business.
6. The UNC-Chapel Hill Police Department must provide and maintain University-owned Mobile Communication Devices issued to UNC-Chapel Hill Police Department personnel. These devices are issued through Finance & Operations IT.
   1. University staff assigned to the UNC-Chapel Hill Police Department conducts an annual inventory to include; name, position, division the person is assigned to, device summary description, initial device purchase cost, and monthly vendor billing rates per device.
   2. Personnel that are issued a University-owned Mobile Communication Device are responsible for appropriate care to avoid damage, loss, or theft. Loss or theft of a University-owned Mobile Communication Device(s) must be reported immediately to the staff duty officer, and a departmental incident report must be completed. An additional report must be made to 919-962-HELP, in accordance with the University’s Information Security Incident Management Standard.
   3. The University-owned Mobile Communications Device is issued duty gear and must be maintained and safeguarded in the same manner as all other assigned duty gear. Personnel may be subject to disciplinary action for any misuse, neglect, or loss of the Mobile Communication Devices, as well as financial liability.
   4. A University-owned Mobile Communications Device will be housed in a UNC-Chapel Hill Police Department issued, plain black ruggedized case. No adornments are authorized.
   5. Personnel with University-owned Mobile Communications Device not operating correctly or in need of repair must notify their supervisor or designee, who will arrange for repair or maintenance of the University-owned Mobile Communication Device.
   6. The UNC-Chapel Hill Police Department Quartermaster is responsible for payment and review of all Service Plan billing for all University-owned Mobile Communication Devices utilized in the UNC-Chapel Hill Police Department on a monthly basis.
7. Only University and UNC-Chapel Hill Police Department approved applications or programs can be installed without the authorization of the Chief of Police or designee. Any applications or programming must meet the University’s Standard on Information Security Control.
8. Photographic images viewable on a University-owned Mobile Communication Device home screen or other internal screens may not be offensive or contain otherwise inappropriate images.

II. Authorized Use of a University-Owned & Personal Mobile Communication Devices

1. Approved Mobile Communication Device usage includes, but is not limited to, the following types of communications:
   1. Conveyance of sensitive or restricted Information in compliance with the University Information Security Controls Standard;
   2. Special assignments;
   3. Lengthy communication with supervisors or administrative personnel;
   4. Communication beyond normal radio range;
   5. Incidents in which direct contact with an employee and the public is critical; and
   6. Situations in which the officer is directed by a supervisor to communicate via University Mobile Communication Devices.
2. University-owned Mobile Communication Devices
   1. University-owned Mobile Communication Device phone numbers should not normally be provided to members of the public, unless it involves an immediate need to contact a victim, witness or other people in relation to official UNC-Chapel Hill Police Department business.
   2. Personnel may not provide the cell phone number of any member of the UNC-Chapel Hill Police Department to the public, without the Mobile Communication Device user’s authorization.
3. Images
   1. Photo or video capabilities are allowed when using a University-owned Mobile Communication Device, if use of such photo or video capability is linked to official UNC-Chapel Hill Police Department business.
   2. Any images or video captured during the course of an employee’s duties are considered to be department documents and must not be distributed, in accordance with UNC-Chapel Hill Police Department policy. See General Order 14-01R1: Data Network Use Policy.
4. Personal Mobile Communication Device
   1. Personnel may carry personally owned Mobile Communications Device while on duty. The employee’s immediate supervisor should have the officers cell phone number as an alternative method of communication, in an emergency situation.
   2. Personnel have a reduced expectation of privacy when using a personally owned Mobile Communications Device in the workplace, and have no expectation of privacy regarding any UNC-Chapel Hill Police Department business related communication.
   3. The UNC-Chapel Hill Police Department is not responsible for loss or damage to a personal Mobile Communication Device, while the employee is on duty or special assignment.
   4. Use of personal Mobile Communication Devices are held to the same control standards as University-owned Mobile Communication Devices, when used for University business.

III. Prohibited or Restricted Use of University-Owned Mobile Communication Devices

1. Any call made in relation to financial or personal gain by an employee, for an employees’ friends, or relatives.
2. Any call for personal entertainment.
3. Employees must not post photographs to a social networking/social media site of incidents taken while on duty. See General Order 14-02R2: Social Media Policy.
4. Transmission of any material in violation of any University policy, state law or federal law or regulation, as well as accessing or transmitting materials, other than that required for official UNC-Chapel Hill Police Department business, that involves:
   1. Use of obscene language, images, jokes;
   2. Sexually explicit materials or;
   3. Messages that disparage any persons, group, or classification of individuals
   is strictly prohibited, whether or not a recipient has consented to or requested such material.

IV. Decommissioning of Device

1. Devices returned for decommissioning are handled according to University policy with respect to data, and disposition of the device.

V. Public Records

1. Public records does not include mobile telephone numbers issued by state government to a sworn law enforcement officer or non-sworn law enforcement employee of a public law enforcement agency.
2. The Public Records Act covers text messages and instant messages “regardless of physical form or characteristics,” that are made or received in connection with doing public business, as along as it is not law enforcement sensitive Information, identified in N.C.G.S. Chapter 32: Public Records Act.
3. Social media posts can be open to public record, if the communication is not exempt under N.C.G.S. Chapter 32: Public Records Act, regardless of whether it is on the agency’s system, or a system controlled by a third party.
4. Video and audio recordings can be open to public record, if the communication is not exempt under N.C.G.S. Chapter 32: Public Records Act.