1. Introduction

1.1 Definition: Mobile Communication Device (MCD)

A mobile communication device is defined as any wireless electronic device used for contacting or communicating with East Carolina University (ECU) personnel and includes phones and devices.

1.2 Purpose

The purpose of this regulation is to authorize appropriate ECU employees to receive a set allowance for the use of a personal MCD in the execution of duties associated with employment. The objective is to provide a monthly allowance, from non-state funds, to designated employee(s) to offset the cost of using such devices for ECU business purposes.

1.3 Allowance Description

The allowance provided is not an entitlement related to the employee’s position, and it must be applied to an operational requirement for a MCD in order to fulfill the particular employee’s duties. The allowance does not increase the employee’s base salary, and it will be treated as a taxable benefit to the employee.

2. General

2.1 Service

East Carolina University provides services to a dynamic population of faculty, staff and students on a continuing basis. To ensure services are uninterrupted, certain employees are often required to be accessible by MCD when out of the immediate work area. To ensure continuity of service supervisors are authorized to allow identified employees to utilize personal MCD’s. This enables departments to maintain contact throughout both business and, if appropriate, during non-business hours (e.g., for on call/emergency purposes in evenings or on weekends). This regulation does not establish expectations that an employee shall be available outside of normal business hours (Such matters are subject to Human Resources policies and regulations).

2.2 Convenience MCDs

Due to the nature of their business, some departments may need to maintain a University Contracted MCD. If a state supplied MCD is required normal ITCS requesting procedures should be used.

3. Procedures

3.1 Designating Authority

The authority to designate which employee(s) will receive an allowance to use a personal MCD for ECU business purposes is delegated to the appropriate Vice Chancellors. Allowances for Vice Chancellors will be approved by the Chancellor. The Chancellors allowance must be approved by the President of the North Carolina system.

3.2 Application

An application for the personal MCD allowance must be completed and signed by the employee and their immediate supervisor, as well as the appropriate Vice Chancellor. Each request for a MCD allowance must include a clear UNC business need for individual wireless access. There is no retro-active pay for this allowance. The signatures of the employee and their immediate supervisor on the Application for the personal MCD Allowance will serve to verify that the employee's job responsibilities require that the employee be accessible by university personnel on a continuing basis.

3.3 Electronic Personnel Action Form (EPAF) Submission

Once the application has been approved by the appropriate Vice Chancellor, an ECU Electronic Personnel Action Form (EPAF) must be submitted via BANNER HR, for each person, indicating the appropriate MCD allowance amount. Departments will be responsible for budgeting for MCD allowance expenses. No exceptions to this policy are allowed without the written approval of the Vice Chancellor, Administration & Finance.

It should be noted that the allowance is not intended to pay the full cost of the MCD, but is intended only to cover the reasonable cost that the employee incurs while conducting university official business. Should it be determined that an employee no longer qualifies for the allowance, the department will submit another ECU EPAF via BANNER HR to end the allowance. The university will bear no responsibility for any termination fees associated with an individual who may choose to terminate a personal mobile device contract.

The MCD allowance will not be added to the employee’s salary base, however, the allowance is subject to withholding in accordance with federal and state guidelines.

3.4 MCD Records

Per OMB Circular A-21, the MCD allowance is not an allowable payment as a direct cost on a grant or contract. Any request for unique communications expenses, such as remote location (field study) or emergency access must be made to and approved in writing by the Vice Chancellor for Administration & Finance. In these situations, convenience MCDs (provided by ECU) must be used so that substantiation of use is documented for audit purposes, rather than a personal communications device paid through allowance. Employees are to be informed that mobile communications device records could be subject to the North Carolina public records law (General Statute 132)

If/when ECU receives notice that either a lawsuit has been filed against the University or a charge is filed with an administrative agency or it becomes reasonably anticipated that a lawsuit or charge may be filed against the University, then the University and all of its faculty and staff members are under a legal duty to preserve all evidence-including potentially electronically stored information in a personal MCD that might be relevant to the lawsuit/charge. Where applicable the Office of University Counsel or ITCS will timely notify MCD users of the duty to preserve electronically stored information. Those receiving the MCD allowance must cooperate with principal administrators to ensure that the University identifies and preserves all potential sources of electronically stored information in a MCD user's possession or control. Departments may impose more stringent rules for preserving records of MCD communications.

3.5 Special Circumstances and Requests

Under unusual circumstances, such as catastrophic weather conditions, where the employee is required to be available to the University throughout the emergency situation, the employee may request additional reimbursement for those charges that can be documented as resulting from the employee conducting official university business due to the unusual circumstances. Employees should use the most economical means available for such communication. This additional payment request (Positive Time Pay Form) must be accompanied by the supporting documentation including a description of the unusual circumstances and copy of the employee's MCD bill. If an employee is scheduled for university work overseas they should use the most economical means of conducting official University business back to the United States. That usually involves use of land line devices and can include the use of calling cards or university assigned MCDs that are capable of supporting overseas calling. This is strongly encouraged due to the high cost of using traditional land line communication devices from foreign countries.

In the rare circumstances where an employee must use their MCD for official University business overseas, the employee will be required to document the charges and request reimbursement as a travel expense. Under this circumstance the employee will continue to receive their full monthly MCD allowance. Employees receiving a MCD allowance or assigned a university convenience phone may not be reimbursed for business calls in the travel reimbursement process. An employee cannot receive a MCD allowance and also have a university provided MCD.

Any employee receiving a MCD allowance who does not make University business calls on their personal MCD will be asked to document why they are due reimbursement. In cases where a personal MCD does not function or requires a roaming charge, the employee in travel status may request reimbursement for calls made on normal land-line systems. However, this occurrence must be documented when requesting reimbursement.

3.6 Allowance Periodic Review

The MCD allowance is subject to periodic review and adjustment by the appropriate departments within Administration and Finance. The MCD allowance is subject to periodic review and adjustment by the appropriate departments within Administration and Finance. Division offices will receive a re-certification report once a year that includes a list of employees in their respective area who are receiving the MCD allowance and will be asked to ensure if the MCD allowance information is still accurate and there is an on-going business need to support it. In addition, Human Resources will provide an opportunity for division offices to conduct periodic reviews of MCD allowances through the quarterly temporary/supplemental and car/phone allowance reports sent to division offices for review and assurance that employees with MCD allowances are still eligible for allowances. Employees will have their MCD allowances terminated if they no longer meet the eligibility criteria, have gone on sabbatical, have left employment of the university, are not a 12 month employee (employees can receive the allowance for the months they are employed but if they work a schedule of less than 12 months will not receive the allowance for the months they are not working), have had a change in job responsibilities which negate their need for a MCD or have failed to provide the proper documentation to the university.