HomeMy WebLinkAboutResolution 2024-26, Electronic Signature PolicyCity of East Wenatchee Resolution 2024-26 with Exhibit A
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City of East Wenatchee, Washington
Resolution No. 2024-26
A RESOLUTION OF THE CITY OF EAST WENATCHEE, WASHINGTON, AUTHORIZING
THE USE OF ELECTRONIC AND DIGITAL SIGNATURES; AND ADOPTING AN
ELECTRONIC AND DIGITAL SIGNATURE POLICY.
1.Alternate format.
a.Para leer este documento en un formato alternativo (español, Braille, leer en voz
alta, etc.), comuníquese con la administradora municipal al
alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY).
b.To read this document in an alternate format (Spanish, Braille, read aloud, etc.),
please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at
(509) 884-9515, or at 711 (TTY).
2. Authority.
a.RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and
regulate its internal affairs and to define the powers, functions and duties of its
officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS:
Section 1. The City Council find it to be in the public interest to allow the
use of electronic signatures for City business to the fullest extent allowed
by state and federal law. An electronic signature may be used with the
same force and effect as a signature affixed by hand, subject to the
limitations of this Resolution and state and federal law.
Section 2. The City Council authorizes the Electronic Records and
Electronic Signatures Policy as presented in Exhibit A.
3.Severability. If a court of competent jurisdiction declares any provision in this
resolution to be contrary to law, such declaration shall not affect the validity of the
other provisions of this Resolution.
4.Effective Date. This Resolution becomes effective immediately.
CITY OF EAST WENATCHEE
ELECTRONIC RECORDS AND ELECTRONIC SIGNATURES POLICY
Section 1 Authorization.
Section 2 Scope.
Section 3 Publication.
Section 4 Compliance with State and/or Federal Law.
Section 5 Definitions.
Section 6 General Practices/Policies.
Section 7 Verification Software.
Section 8 Records Allowed To Use Digital Signatures.
Section 9 Users Allowed To Use Digital Signatures.
Section 1. Authorization.
The Uniform Electronic Transactions Act (UETA) governs electronic records and electronic
signatures created, generated, sent, communicated, received, or stored on or after June 11,
2020, excluding transactions as provided in the UETA Section Three, Subsection 2.
The UETA requires government agencies to determine whether, and the extent to which, agencies
will send and accept electronic records and electronic signatures to and from other persons and
otherwise create, generate, communicate, store, process, use, and rely upon electronic records
and electronic signatures.
These policies, rules, and regulations, giving due consideration to security, govern: (1) the manner
and format in which electronic records must be created, generated, sent, communicated,
received, and stored and the systems established for those purposes; (2) if electronic records
must be signed by electronic means, the type of electronic signature required, the manner and
format in which an electronic signature must be affixed to an electronic record, and the identity
of, or criteria that must be met by, any third party used by a person filing a document to facilitate
the process; (3) control processes and procedures as appropriate to ensure adequate
preservation, disposition, integrity, security, confidentiality, and auditability of electronic records;
and (4) any other required attributes for electronic records which are specified for corresponding
non-electronic records or which are reasonably necessary under the circumstances.
Section 2. Scope.
This policy applies to city personnel when using any type of Electronic Signature or Electronic
Record. City staff, as well as elected and appointed officials, shall comply with all provisions of
these rules and regulations as well as applicable state and/or federal law. If individuals are
uncertain with how to comply with these rules and regulations, as well as applicable state and/or
federal law, they shall consult with the City Attorney before creating, generating, communicating,
storing, accepting, processing, using, and/or relying on electronic records and/or electronic
signatures.
EXHIBIT A
Section 3. Publication.
These rules and regulations shall be posted on the city’s website and available for inspection in
city offices upon request.
Section 4. Compliance with State and/or Federal Law.
These rules and regulations are subject to the governance and limitations expressed in state
and/or federal law, including but not limited to the Uniform Electronic Transactions Act (UETA)
and 15 U.S.C Ch. 96. All electronic records and electronic signatures used, created, and/or
accepted by the City shall comply with applicable federal and/or state law.
Section 5. Definitions.
Aesthetic Signature. A special class of Electronic Signature used for aesthetic or graphical
purposes and for no legal or verifiable need.
Approved Record Type. Records authorized to be used, created, and/or accepted bearing a Digital
Signature in lieu of a required Physical Signature.
Authorized User. City employees, elected officials, and/or appointed officials authorized to use,
create, and/or accept Digital Signatures rather than Physical Signatures.
Digital Signature. A special class of Electronic Signature, also known as advanced or qualified
Electronic Signature, that is a transformation of a message using an asymmetric cryptosystem such
that a person who has the initial message and the signer's public key can accurately determine
whether the:
(i) Transformation was created using the private key that corresponds to the signer's public
key; and
(ii) Initial message has been altered since the transformation was made (RCW
9.38.060(5)(a)).
Electronic Record. A record created, generated, sent, communicated, received, or stored by
electronic means.
Electronic Signature. 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.
Record. Information that is inscribed on a tangible medium or that is stored in an electronic or
other medium and is retrievable in perceivable form, except as otherwise defined for the purpose
of state or local agency record retention, preservation, or disclosure.
EXHIBIT A
Physical Signature. A signature created when a person physically marks a document with the intent
to sign the record.
Verification Software. Software utilized by the City to verify adequate preservation, disposition,
integrity, security, confidentiality, and auditability of Approved Record Type(s).
Virtual Signature. A special class of Electronic Signature used for approving records that are part
of an internal administrative process or is not legally binding. Virtual Signatures must be verifiable
as part of an underlying process or record.
Section 6. General Practices/Policies.
A. Digital, Aesthetic, and Virtual Signatures.
1. Digital Signatures. Authorized User(s) may use, create, or accept records with Digital
Signatures.
2. Aesthetic and Virtual Signatures. All City personnel as well as elected and appointed
officials may use, create, or accept a Record with Aesthetic Signatures or Virtual
Signatures, if the individual would otherwise be authorized to use, create, or accept the
Record with a Physical Signature.
a. Aesthetic Signatures. When a signature is used for aesthetic or graphical purposes
and for no legal or verifiable need, no Virtual Signature or Digital Signature is
necessary. Individuals may use an electronic image of a signature for aesthetic or
graphical purpose if the signature is not being used for any legal or verifiable need.
Examples include, but are not limited to, newsletters, informational posters, and
graphics used in email signatures.
b. Virtual Signatures. Certain City processes require City personnel to approve a
record that is part of an internal administrative process or is not legally binding.
Individuals may use a Virtual Signature, rather than a Digital Signature for these
types of Records, but any Virtual Signature used must be verifiable as part of an
underlying process or record (e.g., a clear of indication of the signature must be
maintained as part of the documents or process being attested to). Examples
include, but are not limited to, leave requests, memos, and letters.
B. The City recognizes that Virtual Signatures and/or Digital Signatures are valid, to the same
extent a Physical Signature would be valid, if Virtual Signatures and/or Digital Signatures
comply with all applicable state and/or federal laws as well as these rules and regulations.
C. Digital Signatures may be used on City Records requiring execution by a third party.
D. This policy may be modified, rescinded, or replaced at any time by the Mayor or his/her
designee.
EXHIBIT A
E. Virtual Signatures and/or Digital Signatures cannot be applied using another Authorized User’s
name and/or signature. Records signed on behalf of another individual by a designee shall user
their own Virtual Signature or Digital Signature.
F. This policy in no way affects the City’s ability to conduct a transaction using a physical medium
or using Physical Signatures. The City may also require Records to be physically signed on a
case-by-case basis.
G. If a Virtual Signature or Digital Signature is used for interstate transactions or for documents
required by the US Federal government, the Virtual Signature or Digital Signature shall comply
with the requirements of the Electronic Signatures in Global and Electronic Commerce (ESIGN)
Act.
Section 7. Verification Software.
All Digital Signatures used, created, and/or accepted by the City shall be affixed to Records
utilizing a Verification Software.
Section 8. Records Allowed to Use Digital Signatures.
A. Only records identified in these policies and procedures as an Approved Record Type may use,
bear, be created, or be accepted with a Digital Signature.
B. Approved Record Type(s) include:
1. Contracts, agreements, ordinances, resolutions, and other documents that state
some contractual relationship or grant some right, with the City Attorney’s approval.
2. Engineering and building plans, approvals, permits, and other construction records.
C. While the City may authorize additional records to be used, created, or accepted with Digital
Signatures upon request, staff members should first analyze whether the type of record they
wish to electronically sign requires a verifiable Digital Signature or if another type of
signature/approval could be used.
D. The City Attorney or designee in consultation with City Clerk, Information Technology,
Finance Director, and Department Directors, or their designees will evaluate request(s) to use
Digital Signatures.
EXHIBIT A
Section 9. Users Allowed To Use Digital Signatures.
A. Only City personnel, elected officials, and/or appointed officials identified in these policies
and procedures as an Authorized User may use, create, or accept records with Digital
Signatures.
B. Authorized User(s) include:
1. Mayor;
2. Mayor Pro Tem;
3. City Attorney;
4. City Clerk;
5. Chief of Police;
6. Community Development Director;
7. Public Works Manager;
8. Human Resources;
9. Finance Director;
10. Information Systems Manager;
11. Events Director / Public Information Officer.
Approved by: Jerrilea Crawford, Mayor
Date
EXHIBIT A