Purpose and Scope

This policy establishes guidelines for the use of cellular telephone devices (device) issued by the Saint Paul Police Department (department) to Police Department personnel (personnel).

This policy is applicable to the Police Department and its personnel only. This policy supersedes the City-wide Cell Phone and Cell Phone Procurement policies to the extent they conflict with this policy as applied to department personnel.

Device use includes, but is not limited to, placement and receipt of calls, text messaging, blogging and microblogging, placement and receipt of e-mail, use of audio, video or camera capabilities, use of applications and internet or data access to sites or services on the Internet.

Policy

The Saint Paul Police Department authorizes its personnel to use department-issued devices subject to limitations detailed in this policy. Any department-issued device used while on-duty or off-duty in any manner is subject to monitoring and inspection consistent with the standards set forth in this policy. Any questions regarding the application of this policy or the guidelines contained herein should be directed to a supervisor.

Devices are provided for official department business use. Devices are made available to personnel in positions where use of an issued device will facilitate improved service and responsiveness to citizens, improve efficiency or effectiveness of responses to calls or service or investigative needs, or as otherwise required for the performance of job functions.

Use of Devices

Device use is intended to supplement communication and enhance the capability of personnel to conduct investigative and other department authorized duties. Inappropriate use of a device while on-duty may impair personnel safety.

  1. Devices should only be used for legitimate department business. Extended or frequent use of department-issued devices for non-department purposes while on duty, including but not limited to, extended personal phone calls, personal text messaging and non-department related emails is prohibited. Personnel will be responsible for reimbursing the department for any charges incurred as a result of personal use.
  1. All use of devices must comply with City-wide policies regulating Internet and email usage and department General Orders 243.00 Communications, 236.05 Social Media, 440.00 Digital Evidence, 235.00: Data Practices and 235.50: Uniform Evidence Retention or other department policies related to telephone and internet usage.
  1. The department, or a contractor on behalf of the department, will review and monitor all monthly billing statements. Incidental personal use of devices for non-city related business should be limited to a minimum duration and frequency. In the event personal use results in additional charges to the department, personnel responsible for the additional charges will be required to reimburse the department for costs associated with additional charges or overages.
  1. Except when directed by competent authority or as otherwise reasonable under the circumstances, a device must only be used by the person to whom it is assigned.
  1. Devices must not be used in place of radio communications designated to be received, coordinated and dispatched through the Ramsey County Emergency Communications Center (RCECC) unless radio communications are impractical or not feasible.
  1. Personnel are expected to operate vehicles in compliance with state and federal laws and with a heightened level of awareness and responsibility to ensure public safety. Use of a device while driving during non-emergency situations is limited to situations where the device is configured to allow a hands-free application for listening and talking.  Use of a hand-held device is permissible during an emergency response when necessary to communicate with other law enforcement officials or other emergency services where radio communication is impractical or not feasible.

Issuance of Devices

All devices issued by the department will be documented and properly recorded pursuant to department procedures for issuing equipment.

Care of Property

Personnel who are issued a device are responsible for the safekeeping and the proper care and use of department-issued devices.

  1. Personnel must at the earliest opportunity report any loss, damage or other condition that renders the device unserviceable through their chain of command and document the incident in an Incident Report. Command staff may review any loss, damage, or other unserviceable condition that results from intentional or negligent misuse or abuse of department devices.
  1. Devices must not be thrown away, sold, traded, donated, destroyed or otherwise disposed of without proper authority.
  1. A supervisor’s approval is required before any attempt is made to repair a damaged or unserviceable device.

Privacy and Data Practices

  1. Any personnel utilizing a device provided by the department expressly acknowledges and agrees that the use of such device, whether for business or personal use, removes any expectation of privacy any personnel, sender and recipient of any communication utilizing such device might otherwise have, including without limitation the time, purpose and content of any such communication.
  1. Device usage is subject to audits.  The department expressly reserves the right to access, audit and disclose any communications including without limitation, voicemail, text messages, call logs, email, audio or video recordings, photographs or other content or information accessed, transmitted, received, reviewed and/or stored through use of department-issued devices, in accordance with the Minnesota Government Data Practices Act, Minnesota Statutes chapter 13, and General Order 235.00: Data Practices.
  1. Any evidence recorded on a device is subject to applicable data privacy laws and regulations and the policies of this department and all applicable criminal or civil discovery obligations. Department personnel are advised and cautioned that the use of a device on-duty or after duty hours for business-related purposes may subject the device records to civil or criminal discovery or disclosure under the Minnesota Government Data Practices Act; Minnesota  Statute chapter 13, City data policies, and department General Orders including without limitation, 440.00 Digital Evidence, 235.00: Data Practices to 235.50: Uniform Evidence Retention and any other applicable public record or evidentiary laws, rules or regulations.

Revised December 21, 2018

Last Edited: December 21, 2018