In order to reduce the amount of paper, time, and costs associated with transmitting, approving, and executing physical documents, including contracts, agreements, correspondence, communications, and other similar documents necessary to the conduct of city business; and to obtain benefits from the efficiencies that are created with the use of digital and electronic signatures; all of which will improve efficiencies, save costs, and provide a better means for management of city records, this chapter establishes the authorization of the use of electronic and digital signatures in the conduct of the city's business in a manner that is safe and secure when in compliance with this chapter as well as state and federal laws, and city policies. This chapter codifies existing city policies that authorized the use of electronic or digital signatures, and allows the city manager to adopt additional policies and procedures to implement this chapter and to comply with future state and federal laws related to such, as well as to safeguard the city's digital records and investments.
(Ord. 5116 § 1, 2022)
The following definitions apply to this chapter:
"Digital signature"
has the same meaning as in Section 16.5 of the California Government Code.
"Director"
shall mean the Director of Information Technology for the city.
"Electronic signature"
has the same meaning as in Section 1633.2 of the California Civil Code.
"Transaction"
has the same meaning as in Section 1633.2 of the California Civil Code.
"UETA"
means the Uniform Electronic Transactions Act, commencing at section 1633.1 of the California Civil Code.
(Ord. 5116 § 1, 2022)
A. 
In any transaction with the city in which the parties have agreed to conduct the transaction by electronic means, the city may use and accept an electronic signature if the electronic signature complies with the UETA.
B. 
In any written communication with the city in which a signature is used or required, the city may use or accept a digital signature, if the digital signature complies with Section 16.5 of the California Government Code.
C. 
The city manager or the director shall determine the documents for which the city may use and accept electronic signatures or digital signatures.
(Ord. 5116 § 1, 2022)
The city manager or the director shall determine acceptable technologies and vendors under this section to ensure the security and integrity of any data and signatures. Prior to accepting a digital signature, the city manager or the director shall comply with all applicable regulations, including but not limited to: ensuring that the level of security used to identify the signer of a document; the level of security used to transmit the signature are sufficient for the transaction be conducted; to the extent necessary, the city manager or the director shall ensure that any certificate involved in obtaining a digital signature by the signer is sufficient for the city's security and interoperability needs; and the city manager or the director shall ensure that the signature is created by an acceptable technology. The city manager or the director shall set forth these determinations in a written policy or administrative regulation.
(Ord. 5116 § 1, 2022)