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R-2024-002
RESOLUTION NO. R-2024-002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH,
CALIFORNIA AUTHORIZING THE USE AND ACCEPTANCE OF DIGITAL
SIGNATURES AND ELECTRONIC DOCUMENTS TO THE GREATEST EXTENT
ALLOWED BY LAW
WHEREAS, the use of digital signatures in lieu of wet signatures, and the use of electronic documents in lieu of paper documents, has become an increasingly mainstream and prevalent business practice, spurred in the public sector in particular by the constraints of the COVID-19 pandemic; and
WHEREAS, it has therefore been essential for the City’s business practices to become increasingly electronic over time; and
WHEREAS, digital signatures and electronic documents provide other significant benefits including expediency, cost reduction, quality of archival records, environmental sustainability, and preservation of physical facility space; and
WHEREAS, the City has so far lacked a formal policy position substantiating its use of digital signatures and documents in lieu of wet signatures and paper records, and staff recommends that the City’s position be formally established in order to eliminate any remaining ambiguity about the sufficiency of digital signatures or electronic documents in certain contexts; and
WHEREAS, this policy position is compatible with the provisions of the Federal Electronic Signatures in Global and National Commerce (ESIGN) and California Uniform Electronic Transactions (UETA) Acts of 2000, and California Assembly Bill 2296 (Digital Signatures) of 2016; and
WHEREAS, the adoption of this policy position will not mandate the use of digital signatures or electronic documents, but allows staff to implement the same to the greatest extent feasible within available technology and legal frameworks, and staff will reserve the right to determine whether, and in what form or via what platform, to use or accept a digital signature for a particular type of application or business process; and
WHEREAS, this policy will also clarify the City’s position with respect to the date of receipt, per se, for deadline-oriented electronic filings submitted outside of business hours.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pismo Beach as follows:
1. Findings. The foregoing recitals are hereby adopted as findings of fact in support of this policy resolution.
DocuSign Envelope ID: 7DE04553-0EF2-4C0F-B7C2-71388F6200A3
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R-2024-002
2. Digital signatures. To the greatest extent allowed by federal, state, and local law, digital signatures shall generally be deemed by the City to have the same force and effect as manually-affixed ink signatures. The exact nature of digital signature format or submittal mechanism accepted or required for a particular application, license, permit, or other filing or business process may be further specified by departmental policies and procedures or by resolution or ordinance of the City Council.
3. Electronic documents. To the greatest extent allowed by federal, state, and local law, electronic documents shall generally be deemed by the City to have the same force and effect as paper documents. The exact nature of electronic document format or submittal mechanism required for a particular application, license, permit, or other filing or business process may be further specified by departmental policies and procedures or by resolution or ordinance of the City Council.
4. Date of receipt of electronic submittals. Where a process requires or allows the electronic submittal of a form, application, or some other documentation to the City by a third party, and a deadline is imposed upon such submittal in the form of a particular date, or a period of time that has elapsed since a triggering event, any such submittal made by email or other electronic platform outside City business hours, including on evenings, weekends, and holidays, shall be deemed received at the start of business on the next business day, unless otherwise provided by federal or state law, or local law or policy, or unless otherwise specified at the time the deadline is announced.
UPON MOTION OF Mayor Pro Tem Reiss, seconded by Council Member Newton, the foregoing resolution was adopted by the City Council of the City of Pismo Beach this 16th day of January 2024, by the following vote:
AYES: 4 Reiss, Newton, Guthrie, Waage
NOES: 0
ABSENT: 1
ABSTAIN: 0
RECUSED: 0
Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Pismo Beach, California, on _______________________.
________________________
Erica Inderlied, City Clerk
DocuSign Envelope ID: 7DE04553-0EF2-4C0F-B7C2-71388F6200A3 1/18/2024