SR 07-24-2018 7B
City Council
Report
City Council Meeting: July 24, 2018
Agenda Item: 7.B
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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.
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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
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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.
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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.
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(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
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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:
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LANE DILG
City Attorney