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1002 Electronic Signatures for Human Resources Processes
Federal and state laws authorize the use and acceptance of electronic signatures as
legally enforceable for most transactions. Electronic signatures, an automated function
that replaces a handwritten signature with a system generated signature statement, and
electronic records can be utilized as a means for authentication of City documents,
computer generated City documents, and electronic City entries. Pursuant to this policy,
electronic signatures are considered legally binding as a means to identify the author of
record and confirm the contents intended by the author. City departments and staff are
permitted to utilize electronic signatures in accordance with this policy, as well as State
and Federal regulations, for employment purposes coordinated or managed by the
Human Resources Department. Individuals seeking employment by the City are
permitted to utilize electronic signatures during the process of applying for employment
with the City.
.01 Definitions
Electronic Record means a record created, generated, sent, communicated,
received, or stored by electronic means.
Electronic Signature means an electronic sound, symbol, or process attached to,
or logically associated with a record and executed or adopted by a person with the
intent to sign the record.
.02 Scope
(1) The electronic signature policy applies to applicants for City employment,
current City employees, former City employees, and retirees of the City only for
purposes related to their employment or retirement which are coordinated or
managed by the Human Resources Department.
(2) This policy does not mandate the use of an electronic signature or otherwise
limit the right of a party to conduct a transaction on paper.
(3) This policy does not apply to any situation where a written signature is required
by law.
(4) Nothing in this policy is intended to authorize any person to sign on behalf of
the City if that person has not been granted such authority.
.03 To the fullest extent permitted by law, the City accepts electronic signatures as
legally binding and equivalent to handwritten signatures to execute an electronic
record. Acceptable Use of Electronic Records and Electronic Signatures are
allowed:
(1) Where policies, laws, regulations, and rules require a signature and that
requirement is met if the document contains an electronic signature.
(2) Where policies, laws, regulations, and/or rules require a written document, and
that requirement is met if the document is an electronic record.
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(3) Each party to a transaction must agree to conduct the transaction electronically
in order for the electronic transaction to be valid and binding. Consent may be
implied from the circumstances, except with respect to any electronic records
used to deliver information for which applicants, employees, former employees,
or City retirees are otherwise entitled by law to receive in paper or hardcopy
form.
(4) If a law prohibits a transaction from occurring electronically, the transaction
must occur in the manner specified by law.
(5) If a law requires an electronic signature to contain specific elements, the
electronic signature must contain the elements specified by law.
(6) If a law requires that a record be retained, that requirement is satisfied by
retaining an electronic record of the information in a record that accurately
reflects the information set forth in the original record and shall remain
accessible for later reference. When the requirements for retention require an
original form, retention by an “electronic form” shall provide and satisfy the
retention requirement.
Policy Added 07/01/2017