Administrative Policy
Digital Signature Policy
I. Purpose Statement and Requirements:
To improve the City of Chino's administrative efficiencies, City staff and elected officials may utilize digital signatures, as that term is defined in California Government Code Section 16.5, to execute various transactions. As an overview, the State of California recognizes digital signatures as an electronic identifier that carries the same force and effect as a manual signature. To effectively process City transactions, staff may utilize digital signatures to execute agreements, contracts, and legislative documents as more specifically described under Subsection C of Section II. This framework supports expedited workflows while maintaining legal compliance and security standards for official City Business. The digital signature provider must be a current and recognized certification authority with the California Secretary of State's Office. A list of current "authorized certificate authorities" can be found at:
http://www.sos.ca.gov/administration/regulations/current-regulations/technology/digital- signatures/approved-certification-authorities/.
If the digital signature provider is not a current and authorized certificate authority, then the signature created through the provider's product will not be recognized with the same force and effect as a manual signature. However, should the California Secretary of State, under any circumstances, waive the requirement to use vendors listed as "authorized certificate authorities," then the procedures and standards set out by the California Secretary of State under those unique circumstances shall replace the aforementioned requirements and remain in effect until the previous procedures/standards have been restored by the California Secretary of State. (Reference California Government Code Section 16.5 - Note: If any phrase or portion of this policy is held invalid or unconstitutional by any courts of competent jurisdiction, such determination shall not affect the validity of the remaining portions of this policy.)
II. Policy Implementation, Use, and Document Storage:
The conditions under which the City of Chino will accept digital signatures are hereby established by this administrative policy and include:
A. Digital Signature Appearance:
Elected Officials, the City Manager, Department Heads, and designated staff shall submit to the City Clerk's Office an electronic signature in the same likeness as their original handwritten signature to be uploaded into the approved digital signature software.
Administrative Policy
Digital Signature Policy
B. Training and Use:
The City Clerk's Office and the Information Technology division will oversee the implementation, training, and use of the approved digital signature software.
C. Document that may be executed using a Digital Signature:
Contracts and Agreements
Official City Council Rresolutions
Official City Council oOrdinances
Official City Council mMinutes
Internal Administration Documents and memorandums
D. City Acceptance and Use of Digital Signatures:
• City staff may utilize digital signatures for any contract or agreement.
• The City will accept digital signatures as legally binding provided that: 1) the Signatures are used to execute contract agreements, or legislative document that are further described in Subsection and ; 2) the requirement of California Government Code Section 16.5 are met· and 3) the digital signature is obtained through the accept d software identified by the City or listed under the California Secretary of State list of current' authorized certificate authorities..
• The City reserves the right to conduct a transaction on pape r or through a non- digital signature process and to require other parties to an agreement to do the same.
Likewise, the City may execute transactions with both non-digital and digital signatures to execute the transaction in counterpart.
• The City Manager or their designee shall determine acceptable technologies and vendors consistent with state law and industry best practices to ensure the integrity and security of the data and digital signature.
E. Storage and Archiving of Electronically Signed Document:
Storage of electronic records and fully executed electronically signed documents shall be Administrative Policy
Digital Signature Policy
stored on the City document management system and retained according to the City of Chino· Records Re tention Schedule.
III. Policy Changes and Amendments:
This Policy may be amended or modified by the City Clerk with review by the City Attorney and approved by the City Manager from time to time as necessary to account for changes in legal, regulatory or operational requirements.