Loading...
SR 07-24-2018 7B City Council Report City Council Meeting: July 24, 2018 Agenda Item: 7.B 1 of 2 To: Mayor and City Council From: Rick Cole, City Manager, City Manager's Office, Administration Subject: Introduction and first reading of an Ordinance Authorizing the Use of Electronic Signatures on City Records Recommended Action Staff recommends the City Council introduce for first reading the attached ordinance enabling the use of digital signatures and authorizing the City Manager to delegate signature authority under certain circumstances. Executive Summary To reduce use of paper and inefficient physical transfer of documents and speed up and streamline document reviews, digital signatures are critical. State and federal law currently contemplate digital signatures as a viable alternative to traditional ink signatures. This ordinance would specifically authorize digital signatures as an acceptable form of official signature on Santa Monica records. To further expedite City procurements and other agreements, the Ordinance also gives the City Manager authority to delegate his/her signature authority in writing. Discussion The Council’s vision of 21st century government that is responsive to customer demands for an easy, fast, reliable, and secure service experience depends on corresponding administrative processes. As part of the City’s transition to a digital-by-default workplace that includes electronic documents and records, staff sought clarity on the ability to use digital signatures. By adopting this ordinance, the Council would enable staff to streamline and digitize many operational workflows that today require paper to be printed and routed by staff. Digital signatures would allow these forms and documents, such as contracts and ordinances, to be routed entirely electronically. 2 of 2 Implementation of digital signature will require an investment in technology. Many of these costs are included in the FY2017-19 budget. Staff anticipates that these costs would be offset by efficiencies in printing costs and staff time now used to manually process documents and records. This also helps the City move towards more sustainable business practices by reducing the amount of printed material it produced. In addition to authorizing the use of digital signatures, this ordinance also gives the City Manager the authority to delegate signature authority in writing. Today, the City Manager is the only one with this authority, requiring every contract, agreement, grant proposal, or other document requiring a signature to be routed through the City Manager for signature. Authorizing the City Manager to delegate this authority would allow the City to be more efficient in approving certain contracts and other documents . The conditions for delegating authority would be set out in writing (most likely in an Administrative Instruction) to clarify which staff may sign on behalf of the City Manager and under which circumstances. Financial Impacts and Budget Changes There is no immediate financial impact or budget action necessary as a result of recommended action. Funds for digital signature technologies were included in the Total Workplace project budget, and as mentioned above, staff expects future savings through reductions in printing and more efficient use of staff time. Prepared By: Christopher Smith, Assistant to the City Manager Approved Forwarded to Council Attachments: A. Ordinance - Digital Signatures - 07242018 - Final 1 City Council Meeting: 7/24/2018 Santa Monica, California ORDINANCE NUMBER _________ (CCS) (City Council Series) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 1.12 OF THE MUNICIPAL CODE TO AUTHORIZE USE OF DIGITAL SIGNATURES FOR OFFICIAL CITY DOCUMENTS AND AMENDING SECTION 2.32.030 TO AUTHORIZE THE CITY MANAGER TO DELEGATE SIGNATURE AUTHORITY FOR CONTRACTS WHEREAS, the City of Santa Monica (“City”) wishes to modernize its processes and procedures to keep pace with the practices of businesses and organizations with which the City works on a regular basis; and WHEREAS, digital signatures and documents have the potential to increase efficiency and quality of public services; and WHEREAS, California Government Code section 16.5 expressly authorizes municipalities to use digital signatures with appropriate security standards in place of traditional ink signatures for all official documents; and WHEREAS, the City intends to make use of digital signatures for official documents, as necessary and appropriate. 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 1.12.060 of the Santa Monica Municipal Code is hereby amended to read as follows: 1.12.060 Writing includes what. Writing includes any form of recorded message, whether recorded electronically or on paper, that is capable of comprehension by ordinary visual means. Whenever any notice, report, statement or record is required or authorized by this Code, it shall be made in writing in the English language unless it is expressly provided otherwise. SECTION 2. Section 1.12.065 of the Santa Monica Municipal Code is hereby added to read as follows: 1.12.065 Signatures (a) In any written communication or contract by or with the City, in which a signature is required or used, the City may authorize the use of a digital signature by any party, so long as the digital signature complies with the requirements of Government Code section 16.5. 3 (b) The use of a digital signature compliant with this section shall have the same force and effect as the use of a manual signature using ink applied to paper. (c) The City Manager shall determine acceptable technologies and vendors to provide the means for employing digital signatures under this section, consistent with industry best practices, to ensure the security and integrity of the data and the signature. The City Manager shall further determine the documents for which the City will accept digital signatures. SECTION 3. Section 2.32.030 of the Santa Monica Municipal Code is hereby amended to read as follows: 2.32.030 Execution of contracts. Pursuant to the provisions of Section 1303 of the City Charter, there is hereby assigned to the City Manager the additional duty of executing on behalf of the City all conveyances, contracts and agreements authorized to be executed by the City Council or by any officer, board or commission pursuant to the provisions of the City Charter or applicable law or ordinance. The City Manager may delegate in writing the duty and authority to sign any contract or agreement. SECTION 4. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such 4 inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. SECTION 5. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: _________________________ LANE DILG City Attorney