EXECUTIVE ORDER 03-20

WHEREAS, the use of cellular phones while operating vehicles presents potentially unsafe driving conditions; and

WHEREAS, the use of cellular phones while operating state vehicles is strongly discouraged as it is inconsistent with the responsibility of state employees to operate state vehicles in a safe and prudent manner; and

WHEREAS, the use of state cellular phones for personal, non-state business purposes can constitute an improper use of state property; and

WHEREAS, the Department of Administration is to exercise administrative functions in developing plans for improvements and economies in the operation of the several state agencies; and

WHEREAS, the adoption of the attached cellular phone policies will provide such improvements and economies in the operation of state agencies.

NOW THEREFORE, pursuant to K.S.A. 75-3707 and 75-3711 and the authority vested in me as Governor of the State of Kansas, and having applied the guidelines and limitations of K.S.A. 75-3711c, I hereby direct the Secretary of Administration to provide the executive branch agencies under the jurisdiction of the Governor copies of the two attached cellular phone policies. Such policies are to be utilized in the operations of such state agencies. Each such state agency shall utilize such policies and make them known and available to their employees. I further hereby rescind Executive Order No. 03-08.

This document shall be filed with the Secretary of State as Executive Order No. 03-20 and shall become effective immediately.

Governor Kathleen Sebelius

General

1. Cellular phones are provided to improve customer service and to enhance business efficiencies. Cellular phones are not a personal benefit and shall not be a primary mode of communication, unless they are the most cost-effective means to conduct state business.
2. Employees are responsible for operating state-owned vehicles and potentially hazardous equipment in a safe and prudent manner, and therefore, employees should refrain from using cellular phones while operating such vehicles and equipment.
3. Possessing a cellular phone is a privilege and all employees are expected to use them responsibly. The state will seek reimbursement for any additional charges resulting from personal calls. Misuse of a state cellular phone may result in its revocation and possible disciplinary action against the employee pursuant to K.S.A. 75-2949.
4. If the cellular phone contract is based on minutes used, a minimal plan shall be utilized. In other words, the smallest plan available to accommodate the particular business need shall be utilized. No employee may approve his/her own cellular service plan.

Billing Statements and Reconciliation

1. Each state cellular phone will receive a monthly activity statement for all charges.
2. The user must review the monthly statement for billing accuracy.
3. Monthly activity statements must be attached to the voucher and retained for a period of time consistent with record retention policies.

Personal Use

More than de minimis personal use of a state-provided cellular phone without written authorization by the appropriate agency head is prohibited. When an employee's personal calls cause the monthly plan minutes to be exceeded, the employee must reimburse the state for those minutes. In addition, employees must reimburse the state for all long distance and roaming charges incurred for personal calls, even if the minutes for these personal calls are under the plan limit. All reimbursements are to be made within 15 days of receipt and reconciliation of the monthly statement.

Violation

Employees violating this policy may be subject to disciplinary action in accordance with the provisions of K.S.A. 75-2949, including but not limited to, K.S.A. 75-2949e(a)(3) "careless, negligent or improper use of state property," or K.S.A. 75-2949f(1) "refusal to accept a reasonable and proper assignment from an authorized supervisor."

The following policy shall be in effect for the use of employee personal cellular phones in order to promote a safe working environment and to limit the liability of the State due to the use of personal cellular phones in non-work related situations. State employees may carry personal cellular phones with them while on state time or while operating state equipment, but are subject to the following restrictions:

1. Excessive use of a personal cellular phone for personal business during duty hours is not allowed.
2. Employees are responsible for operating state-owned vehicles and potentially hazardous equipment in a safe and prudent manner, and therefore, employees should refrain from using personal cellular phones while operating such vehicles and equipment.
3. When authorized in writing by the agency head or designee, the cost of using a personal cellular phone for official business may be reimbursed to the employee. Having a personal cellular phone is a choice the employee makes, and if the cellular phone is used for business purposes, any reimbursement will be for reasonable costs in excess of the base plan plus any additional fees such as roaming fees or other fees and taxes incurred as a direct result of the business use. In no instance will the employee be reimbursed more than the monthly cost to the employee.
4. Employees are not permitted to receive a monthly allowance from a state agency for the use of a cellular phone.
5. The violation of any provision of this policy may result in possible disciplinary action pursuant to K.S.A. 75-2949, including but not limited to, K.S.A. 75-2949(e)(a)(3) "careless, negligent or improper use of state property," or K.S.A. 75-2949f(1) "refusal to accept a reasonable and proper assignment from an authorized supervisor."