Loading...
011-20 - Resolution - Auth Use of Digital and Electronic Signature Technology and Ratifying During Declared EmergencyRESOLUTION NO. OLL.2O A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE USE OF DIGITAL AND ELECTRONIC SIGNATURE TECHNOLOGY, AND RATIFYING USE OF ELECTRONIC SIGNATURES DURING DECLARED EMERGENCY. WHEREAS, RCW L9.360.020 authorizes municipalities in Washington to utilize electronic signatures in the conduct of governmental affairs and other transactions where their use has been authorized by the legislative body; and WHEREAS, during the 2020 legislative session the Washington state legislature adopted the Uniform Electronics Transactions Act, ESSB 6028, effective June 1L, 2020, which repeals and replaces Chapter L9.360 RCW but continues to allow municipalities to determine whether, and the extent to which, the agency will send and accept electronic signatures in the conduct of its business; and WHEREAS, the use of electronic signature technologies can benefit the City of Port Orchard by decreasing the City's reliance on paper transactions and physical documents, lessening administrative demands, improving efficiency, leveraging the City's investments in digital technology, and saving time and reducing costs associated with conducting City business; and WHEREAS, the City has the capability, in conjunction with its document management service provider Laserfiche, to utilize various electronic signature technologies including industry leader DocuSign; and WHEREAS, the value of electronic signatures is heightened and apparent during a declared state of emergency such as the current COVID-19 pandemic, when City business must be conducted via remote technologies due to the Governor's Stay Home, Stay Safe Proclamation; and WHEREAS, the City Council desires to authorize the use and receipt of electronic signatures, and to adopt policies for the implementation of this authorization to provide reasonable assurances for the integrity, authenticity, and nonrepudiation of electronic documents when electronic signatures are used; now, therefore, THE CIW COUNCIL OF THE CIW OF PORT ORCHARD, WASHINGTON, HEREBY RESOTVES AS FOLLOWS: THAT: The City Council finds it to be in the public interest to allow the use of electronic signatures for City business to the fullest extent allowed by law. An electronic signature may be used with the same force and effect as a signature affixed by hand, subject to the limitations in this section and under state and federal law. The City Council authorizes the Mayor, Mayor Pro Tem, City Department Directors or their designees, Resolution No. 0L1-20 Page 2 of 4 and Councilmembers to affix electronic signatures to electronic records, or accept such electronic signatures, provided that: A. The electronic signature is affixed or accepted in accordance with the policy attached hereto as Exhibit A, and incorporated herein by reference. B. The individual is authorized to sign the document. C. The electronic signature contains, at a minimum: a. The signatory's full first and last name, and for City employees, elected officials, or representatives of an entity, the signatory's title; b. A representation of the individual's signature or acknowledgment of digital signature in lieu of physical signature (e.g., using an "l accept" or "l agree" check box with an affirmation statement); and c. The date and time of the signature, unless the electronic signature technology is self-auditing. FURTHER THAT: An electronic signature may not be used on any record other than that shall not be executed by electronic signature pursuant to a federal, state or local law. FURTHER THAT: The City Council directs the Mayor to adopt any necessary administrative processes to implement the use of electronic signatures by the City consistent with this resolution and attached policy, and in compliance with the provisions of state law. FURTHER THAT: The City Council hereby ratifies the City's use and receipt of electronic signatures that comply with the policy adopted herein for the time period between the Mayor's Proclamation of Emergency, dated March L6, 2020, and the date of this resolution. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this l-4th day of April 2020. Robert Putaa Mayor ATTEST d li::,.:. Brandy nearson, MMC, City Clerk h Resolution No. 011-20 Page 3 of4 Exhibit A - City of Port Orchard Policy for Use and Receipt of Electronic Signatures Purpose This policy is designed to:. Provide reasonable assurance for the integrity, authenticity, and non-repudiation of electronic documents and records when electronic signatures and submissions are used and accepted; ando Promote the use of electronic signatures and submissions across the agency. Definitions Record. A record is defined as any paper, machine-readable material, completed form, or other document, regardless of physical format, made or received by the City of Port Orchard (City) in connection with the transaction of public business. Electronic Signature. An electronic sound, symbol or process, attached to or logically associated with an electronic record, and executed or adopted by a person with the intent to sign the record. An electronic signature includes: Digitized Signature. A digitized signature is a graphical image of a handwritten signature. Digital Signatures. A "digital signature," which is a type of electronic signature, is created when the signer uses their private signing key to create a unique mark (called a "signed hash")on an electronic document. Personal ldentification Number (PlN) or password. When using a PIN or password for an e-signature, a person accessing an application is required to enter identifying information, which may include an identification number. Policv The City encourages electronic transactions and recognizes electronic records and signatures in all correspondence and transactions conducted by the City to the extent allowed by law. The specific method of electronic signature shall be approved in advance by the Mayor or designee, and shall afford a reasonable assurance level as to the integrity of the electronic signature, as determined by the Mayor or designee. At a minimum, Department Directors or their designee shall use the following criteria when determining the applicability and appropriate method of electronic signatures: A. B c Resolution No. 011-20 Page 4 of 4 t 2 Does the method of signing or the nature of the record adequately identify the signer? Does the method of signing adequately address the risks associated with the particular type of transaction while minimizing the barriers to conducting electronic transactions? Does the electronic signature method need to preserve the integrity of the electronic record being signed? Approvals must be documented and address each of the approval criteria required by this policy. The use and acceptance of an electronic signature affirmed by an electronic record notary public is permitted as long as the notarization complies with the Revised Uniform Law on NotarialActs, Chapter 42.45 RCW. The use and acceptance of an electronic signature for electronic records utilized by the Port Orchard Police Department shall comply with the applicable requirements for CJIS records management, Washington State Court General Rule 30 and similar rules of application for Washington's courts, and the Department's case management software. 3 D. E F