ORDINANCE NO. 5116
AN ORDINANCE ADDING CHAPTER 2.50 TO
TITLE 2 OF THE EL CAJON MUNICIPAL CODE
AUTHORIZING THE USE OF
ELECTRONIC AND DIGITAL SIGNATURES
The City Council of the City of El Cajon does ordain as follows:
Section 1. A new Chapter 2. 50 is hereby added to Title 2 of the El Cajon Municipal Code to read as follows:
Chapter 2.50 DIGITAL SIGNATURES
2.50.010 Purpose.
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 establis hes 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.
2.50.020 Definitions.
The following definitions apply to this chapter:
"Electronic signature" has the same meaning as in section 1633.2 of the California Civil Code.
"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.
"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.
2.50.030 Electronic and digital signatures accepted.
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.
2.50.040 Accepted technologies.
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 regulation s, 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 secu rity 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.
Section 2. The City Council of the City of El Cajon intends this ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this ordinance shall be construed in light of that intent. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is held invalid or un constitutional for any reason by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion.
Section 3. This ordinance shall go into effect thirty (30) days following its passage and adoption.
03/08/22 CC Agenda – 1st Reading
03/22/22 CC Agenda – 2nd Reading
Ord – Add ECMC Chapter 2.50 – Electronic & Digital Signatures 030122