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HomeMy WebLinkAbout01/04/2022 06.C. Resolution authorizing and supporting the use of electronic documents and signatures in the conduct of City business 1 14-41 ,\ 1—coi• oriV4 rr 11 !Id "i enc u nrry 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6.C. For Meeting of: January 4, 2022 ITEM TITLE: Resolution authorizing and supporting the use of electronic documents and signatures in the conduct of City business SUBMITTED BY: Sonya Claar Tee, City Clerk Sara Watkins, City Attorney SUMMARY EXPLANATION: State law allows jurisdictions to utilize electronic documents and electronic signatures in the conduct of business. This resolution authorizes the city to utilize electronic documents and signatures in City business where it is deemed appropriate and where it is legal. The resolution also directs staff to create administrative policies and rules regarding the use of electronic documents and signatures for city business. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt resolution. ATTACHMENTS: Description Upload Date Type D 12/27/2021 Corer Memo 2 RESOLUTION NO. R-2022- A RESOLUTION authorizing and supporting the use of electronic documents and signatures in the conduct of City business. WHEREAS, conducting City business electronically improves resident access to records and services and the ability to participate in governmental affairs; and WHEREAS, providing residents and contracting parties the ability to conduct business with the City electronically makes the City more accessible, effective and efficient; and WHEREAS, cost savings can be realized with the decreased use of paper and associated equipment and increased use of electronic documents and signatures; and WHEREAS, in 2020, the Washington State Legislature enacted RCW 1.80, the Uniform Electronic Transactions Act (UETA), which allows for government agencies to accept and distribute electronic records, defines what an electronic record is, and requires government agencies to determine whether and to what extent a city will send and accept electronic records and signatures; and WHEREAS, the City will still need to use paper and affixed by hand signatures for specific documents as required by law, as well as documents that must be notarized; and WHEREAS, the City Council of the City of Yakima finds that it is in the best interest of the City and its residents to authorize and support the use of electronic documents and signatures throughout the City and as allowed by law and formulate policies associated with the use of electronic documents and signatures; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1: Recitals Incorporated. The recitals set forth above are fully incorporated into this Resolution. Section 2: Authorization of Electronic Records and Electronic Signatures. The City Council hereby authorizes the use, creation, and acceptance of electronic records and electronic signatures to the fullest extent allowed by state and/or federal law, subject to policies, applicable rules, and regulations as authorized by this resolution or otherwise existing. Section 3: Validity of Electronic Signatures. The City Council recognizes that whenever the use of a written, affixed by hand signatures created when a person physically marks a document with the intent to sign the record is authorized or required, an electronic signature may be used with the same force and effect, except as otherwise required by law. Section 4: Technology Neutrality. The Mayor and Assistant Mayor, and the City Manager and their designees are authorized to use any technological platform to affix electronic signatures to electronic records, provided that the electronic records can be printed or 3 stored by any recipient. However, the City may, for purposes of its own documents and signatures, contract with an electronic document and signature provider or vender, to affix electronic signatures and/or create electronic documents for the City of Yakima. Section 5: Administrative Policies. The City Council hereby authorizes the City Manager, or their designee, to establish policy and create reasonable rules and regulations regarding electronic records and electronic signatures. Such rules and regulations, giving due consideration to security, shall govern, at a minimum, those matters found in RCW 1.80.170. Administrative policies shall be approved and adopted to implement the use of electronic signatures and records consistent with this Resolution and RCW 1.80., et.seq. (and as amended in the future). Section 6: Effective Date. This Resolution shall take effect and be in force immediately upon its passage. ADOPTED BY THE CITY COUNCIL this day of , 2022. , Mayor ATTEST: Sonya Clear Tee, City Clerk