HomeMy WebLinkAboutReso 2023-107 - Adopt Resolution approving City Council Policy No. 222 – Electronic Signature PolicyRESOLUTION NO. 2023-107
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
APPROVING CITY COUNCIL POLICY NO. 222 — ELECTRONIC
SIGNATURE POLICY
WHEREAS, the Redding City Council recognizes the advances in technology and
security related to an Electronic Signature Policy approved by Council; and
WHEREAS, the above Policy is appropriate to better comply with current practices and
laws; and
WHEREAS, the implementation of the Electronic Signature Policy can be administered
through the Information Technology Department as outlined in the newly proposed City Council
Policy 221;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Redding
that City Council Policy No. 222 — Electronic Signature Policy is hereby adopted in the form
attached hereto and made a part of by reference.
I HEREBY CERTIFY that the foregoing resolution was introduced and adopted at a
regular meeting of the City Council of the City of Redding on the 7h day of November, 2023, by
the following vote:
AYES: COUNCIL MEMBERS: Audette, Mezzano, Munns, Winter, and Dacquisto
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
—.,-SHARLENE TIPTON, City Clerk
MICHAEL DACQUISTO, Mayor
BATtRY-E. heWALf, itirty Attorney
The City of Redding recognizes that advances in technology can assist the City in increasing
its efhciency, reduction of waste, and ability to provide greater 8CCeee to public services.
Technology advancements have also increased electronic document procedures and
management security. This Policy establishes the requirements for using electronic signatures
in lieu of manual or "wet" signatures and guidelines for acceptable technologies, procedures,
and documents for using electronic signatures in City -related business. This Policy shall be
used toincrease productivity and ensure convenient and timely access toCity information by
using electronic signature technology to collect and preserve documents quickly, securely, and
efficiently. Affixing an electronic signature to a document in a manner consistent with this Policy
shall satisfy the City's requirement for signing G doounn9DL Although the use of electronic
signatures is encouraged when permitted, this Policy does not mandate the use of electronic
gigOetunen, nor should the City require that any third party signing o document use electronic
signatures.
The purpose ofthis Electronic Signature Policy ("Poicv") isintended tobroadly permit the use
of electronic signatures, in lieu of manual or "wet" signatures, in City -related business, since:
The use of electronic signature technology will allow the City to collect and
�
The City has avital interest iOreducing paper waste, increasing the efficient use
of public reSouroes, and ensuring the security and authenticity Ofelectronic
records, including electronic signatures.
The City seeks to mitigate the risks associated with conducting transactions,
transmitting information, and maintaining public records that use e!ootnoDiC
signatures.
Under California L8vv (Civ. Code section 16331 et SSq], ekeCtR]DiC signatureshavethe same
legal effect as wet or manual signatures. A digital signature is a form of electronic signature,
Government Code Section 18.5 specificallypermits cities touse digital signatures. Government
Code section 10.5also provides that, for adigital signaturehohavethenomeforme and effect ae
a wet or manual signature, it must be established that the digital signature is:
C � L I F 0 R W IV
COUNCIL POLICY
SUBJECT
RESOLUTION
POLICY
EFFECTIVE
PAGE
Electronic Signature Policy
—NUMBER
NUMBER
DATE
2023-107
222
11/07/2023
1
The City of Redding recognizes that advances in technology can assist the City in increasing
its efhciency, reduction of waste, and ability to provide greater 8CCeee to public services.
Technology advancements have also increased electronic document procedures and
management security. This Policy establishes the requirements for using electronic signatures
in lieu of manual or "wet" signatures and guidelines for acceptable technologies, procedures,
and documents for using electronic signatures in City -related business. This Policy shall be
used toincrease productivity and ensure convenient and timely access toCity information by
using electronic signature technology to collect and preserve documents quickly, securely, and
efficiently. Affixing an electronic signature to a document in a manner consistent with this Policy
shall satisfy the City's requirement for signing G doounn9DL Although the use of electronic
signatures is encouraged when permitted, this Policy does not mandate the use of electronic
gigOetunen, nor should the City require that any third party signing o document use electronic
signatures.
The purpose ofthis Electronic Signature Policy ("Poicv") isintended tobroadly permit the use
of electronic signatures, in lieu of manual or "wet" signatures, in City -related business, since:
The use of electronic signature technology will allow the City to collect and
�
The City has avital interest iOreducing paper waste, increasing the efficient use
of public reSouroes, and ensuring the security and authenticity Ofelectronic
records, including electronic signatures.
The City seeks to mitigate the risks associated with conducting transactions,
transmitting information, and maintaining public records that use e!ootnoDiC
signatures.
Under California L8vv (Civ. Code section 16331 et SSq], ekeCtR]DiC signatureshavethe same
legal effect as wet or manual signatures. A digital signature is a form of electronic signature,
Government Code Section 18.5 specificallypermits cities touse digital signatures. Government
Code section 10.5also provides that, for adigital signaturehohavethenomeforme and effect ae
a wet or manual signature, it must be established that the digital signature is:
VVh8oe a transaction requires the signature of both parties to the tr3DooctioO, the use ofa
digital sin@[unannuStbeagreeduponbvbothpGrUeotothe transaction. |fthe parties have
agreed to conduct a transaction by digital signature, the parties are required to UU|iz8 all
applicable security processes for authentication.
When all parties electronically Sign G dOCunl8Ot. the City will provide U copy of the
ekeCtrOnioG/k/ signed document to the other parties in an electronic format that is capable of
being retained and printed by the other parties.
The Chief Information Officer shall beresponsible for determining acceptable technologies
and digital signature certification providers consistent with current legal requirements and
industry best practices to ensure the SeCuhb/ and integrity of the data and the digital
signature. The Chief Information [>ffiSer shall not accept any technology which is not
compliant with the requirements set forth in Civil Coda Section 16.5 and 2 California Code
of Regulations 22000 et seq. The final approval of any electronic signature technologies
and vendors will be by the Chief Information Officer, after consulting with the City Attorney.
In determining whether to approve electronic signature teohnD|0Qiaa offered by vend0rS,
consideration will be given to the eySterDS and procedures associated with using that
electronic signature, industry best practices, and whether using the electronic signature is
at least as reliable as the existing method to ensure the security and integrity of the data and
the signature. The Chief Information Officer shall conduct periodic reviews for the
appropriateness and continued applicability of electronic signature technologies and
vendors.
If it is determined that an approved electronic signature technology or vendor is, in the
discretion of the Chief Information Officer, OO longer trustworthy, the Chief Information
Officer may revoke the approval of the electronic signature method. In such a case, the City
Clerk shall consult with the City Attorney and, where deemed necessary, take steps tosee
that any records signed with the revoked electronic signature method are signed again either
with avvritten signature or with GD approved electronic signature method.
Manual, or°wxet"signatures mnorequiredfOrthefdlovvinotronsactionm:
� Douunlan[e or transactions that require notarization or are to be
recorded with the County Recorder
�
Documents required for real property transactions
w
Documents that affect title toreal property
w
Bonds (unless express authority is granted by the City Attorney's
Office)
�
Promissory notes
*
Documents or transactions that are not signed using approved
electron ic/diQita} signatures technologies and/or vendors.
SUBJECT
RESOLUTION
POLICY
EFFECTIVE
PAGE
Electronic Signature Policy
NUMBER
NUMBER
DATE
2023-107
222
11/07/2023
3
VVh8oe a transaction requires the signature of both parties to the tr3DooctioO, the use ofa
digital sin@[unannuStbeagreeduponbvbothpGrUeotothe transaction. |fthe parties have
agreed to conduct a transaction by digital signature, the parties are required to UU|iz8 all
applicable security processes for authentication.
When all parties electronically Sign G dOCunl8Ot. the City will provide U copy of the
ekeCtrOnioG/k/ signed document to the other parties in an electronic format that is capable of
being retained and printed by the other parties.
The Chief Information Officer shall beresponsible for determining acceptable technologies
and digital signature certification providers consistent with current legal requirements and
industry best practices to ensure the SeCuhb/ and integrity of the data and the digital
signature. The Chief Information [>ffiSer shall not accept any technology which is not
compliant with the requirements set forth in Civil Coda Section 16.5 and 2 California Code
of Regulations 22000 et seq. The final approval of any electronic signature technologies
and vendors will be by the Chief Information Officer, after consulting with the City Attorney.
In determining whether to approve electronic signature teohnD|0Qiaa offered by vend0rS,
consideration will be given to the eySterDS and procedures associated with using that
electronic signature, industry best practices, and whether using the electronic signature is
at least as reliable as the existing method to ensure the security and integrity of the data and
the signature. The Chief Information Officer shall conduct periodic reviews for the
appropriateness and continued applicability of electronic signature technologies and
vendors.
If it is determined that an approved electronic signature technology or vendor is, in the
discretion of the Chief Information Officer, OO longer trustworthy, the Chief Information
Officer may revoke the approval of the electronic signature method. In such a case, the City
Clerk shall consult with the City Attorney and, where deemed necessary, take steps tosee
that any records signed with the revoked electronic signature method are signed again either
with avvritten signature or with GD approved electronic signature method.
Manual, or°wxet"signatures mnorequiredfOrthefdlovvinotronsactionm:
� Douunlan[e or transactions that require notarization or are to be
recorded with the County Recorder
�
Documents required for real property transactions
w
Documents that affect title toreal property
w
Bonds (unless express authority is granted by the City Attorney's
Office)
�
Promissory notes
*
Documents or transactions that are not signed using approved
electron ic/diQita} signatures technologies and/or vendors.
An electronic signature Of their respective signatory is unique to the
person using it, capable Of vehfic@UUn, under the sole control of the
person using it, and iSlinked tVdata insuch omanner that if the data is
changed, the electronic signature is invo|idated, and conforms to
regulations adopted by the California Secretary of State as may be
amended from time tVtime.
Notwithstanding any other provision of this Agreement, Contractor agrees to
indemnify and hold harmless the City and its officers, employees, and agents
from and against any and GU demands, liabilities, expenses, |ooaaG. causes of
action, claims, obligations, judgments, or damages, including reasonable
attorneys' fees and costs of litigation, arising from the falsity orbreach ofany
Contractor's representation, whether or not the falsity or breach is caused by the
Contractor's active or passive negligence, contained in this Section of the
Agreement, except for such loss urdamage arising from the sole negligence Vr
willful misconduct of the Qty.
|nthe event the counter -party do8Snot8cCepttheksnouo0esethorthabove8SoterDl8Od
condition of the transaction, the parties may transact business only by use of a manual, or
SUBJECT
RESOLUTION
POLICY
EFFECTIVE
PAGE
Electronic Signature Policy
NUMBER
NUMBER
DATE
2023-107
222
11/07/2023
5
An electronic signature Of their respective signatory is unique to the
person using it, capable Of vehfic@UUn, under the sole control of the
person using it, and iSlinked tVdata insuch omanner that if the data is
changed, the electronic signature is invo|idated, and conforms to
regulations adopted by the California Secretary of State as may be
amended from time tVtime.
Notwithstanding any other provision of this Agreement, Contractor agrees to
indemnify and hold harmless the City and its officers, employees, and agents
from and against any and GU demands, liabilities, expenses, |ooaaG. causes of
action, claims, obligations, judgments, or damages, including reasonable
attorneys' fees and costs of litigation, arising from the falsity orbreach ofany
Contractor's representation, whether or not the falsity or breach is caused by the
Contractor's active or passive negligence, contained in this Section of the
Agreement, except for such loss urdamage arising from the sole negligence Vr
willful misconduct of the Qty.
|nthe event the counter -party do8Snot8cCepttheksnouo0esethorthabove8SoterDl8Od
condition of the transaction, the parties may transact business only by use of a manual, or