RESOLUTION NO. 932
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PLACE AUTHORIZING THE USE OF ELECTRONIC SIGNATURE TECHNOLOGY AND ESTABLISHING A METHOD AND PROCESS FOR THE USE OF ELECTRONIC SIGNATURE TECHNOLOGY
WHEREAS, RCW 19.360.020 authorizes municipalities in Washington to utilize electronic signatures in the conduct of governmental affairs and other transactions where their use has been authorized by the legislative body; and
WHEREAS, during the 2020 legislative session the Washington state legislature adopted the Uniform Electronics Transaction Act, ESSB 6028, effective June 11, 2020, which repeals and replaces Chapter 19.360 RCW but continues to allow municipalities to determine whether, and the extent to which, the agency will send and accept electronic signatures in the conduct of its business; and
WHEREAS, using electronic signature technologies can benefit the City of University Place (City) by decreasing the City’s reliance on paper transactions and physical documents, thereby saving time and reducing the costs associated with conducting City business; and
WHEREAS, the value of electronic signatures is heightened and apparent during a declared state of emergency such as the current COVID-19 pandemic, when City business must be conducted via remote technologies due to the Governor’s Stay Home, Stay Safe Proclamation; and
WHEREAS, the City Council desires to authorize the use and receipt of electronic signatures, and to adopt policies for the implementation of this authorization to provide reasonable assurances for the integrity, authenticity, and nonrepudiation of electronic documents when electronic signatures are used;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNVIERSITY PLACE AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are incorporated and fully made a part of this Resolution.
Section 2. Electronic Records and Electronic Signatures Authorized. The City Council hereby authorizes the use of electronic records and electronic signatures for City business to the fullest extent allowed by law.
Section 3. Force and Effect. Whenever the use of a written signature affixed by hand, or “wet” signature is 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. Requirements for Use of Electronic Signatures. The Mayor, Mayor Pro Tem, Councilmembers, City Manager, City Department Directors, or their designees, are authorized to affix electronic signatures to electronic records or accept such electronic signatures, provided that:
1. The individual is authorized to sign the document.
2. The electronic signature contains, at a minimum:
a. The signatory’s full first and last name, and for City employees, elected officials, or representatives of an entity, the signatory’s title;
b. A representation of the individual’s signature or acknowledgment of digital signature in lieu of physical signature (e.g., using an “I accept” or “I agree” check box with an affirmation statement); and
c. The date and time of the signature, unless the electronic signature technology is self-auditing.
3. An electronic signature platform, software, or other method approved by the City Manager or designee is used.
Section 5. Policies to be adopted. The City Manager is directed to adopt any necessary administrative policies or processes to implement the use of electronic signatures by the City consistent with this resolution and in compliance with the provisions of Washington state law.
Section 6. Ratification of Use. The City’s use and receipt of electronic signatures that comply with the policy adopted herein, together with those electronic signatures which may omit the time of signature, for the time period between the City’s emergency declaration, dated March 16, 2020, and the date of this Resolution are hereby ratified and approved.
Section 7. Corrections. The City Clerk is authorized to make necessary corrections to this Resolution including, but not limited to, the correction of scrivener’s/clerical errors, references, resolution numbering, section/subsection numbers and any references thereto.
Section 8. Effective Date. This Resolution shall take effect immediately upon its adoption.
ADOPTED BY THE CITY COUNCIL ON OCTOBER 5, 2020.
Caroline Belleci, Mayor
Emelita J. Genetia, City Clerk
APPROVED AS TO FORM:
Matthew S. Kaser, City Attorney