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File #: 2020-1040    Version: 1 Name:
Type: Consent Status: Passed
File created: 4/14/2020 In control: STEERING COMMITTEE
On agenda: 4/22/2020 Final action: 4/22/2020
Title: ELECTRONIC SIGNATURES POLICY
Sponsors: Lorenzo Tyner
Attachments: 1. Agenda Report, 2. Electronic Signatures Policy
Related files: 2020-1021
FROM: James D. Herberg, General Manager
Originator: Lorenzo Tyner, Assistant General Manager

SUBJECT:

title
ELECTRONIC SIGNATURES POLICY
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GENERAL MANAGER'S RECOMMENDATION

recommendation
RECOMMENDATION:

Adopt a policy for the use of electronic signatures.
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BACKGROUND

The use of electronic signatures on legally binding documents has become increasingly prevalent but has yet to find widespread adoption by public entities. Benefits of using electronic signatures include: reduction of paper generation; significant decrease in time and costs associated with transmitting, approving, and retaining physical documents; and creation of an audit trail of the modification, editing, and approval/signing of documents.

RELEVANT STANDARDS

* California Government Code Section 16.5
* California Secretary of State Regulations
* California Uniform Electronic Transactions Act (UETA)

PROBLEM

The Orange County Sanitation District (Sanitation District) does not currently have a policy in place to establish guidelines for when and how electronic signatures may be used, including the documents and transactions approved for electronic signature use, and how the documents and transactions are to be processed.

PROPOSED SOLUTION

Approval of the attached Electronic Signatures Policy to provide guidance to staff and allow the Sanitation District to use and accept approved electronic signatures, in lieu of written signatures, that comply with the requirements of California Government Code Section 16.5, the UETA, the Electronic Signatures in Global and National Commerce Act (E-Sign Act), and other applicable laws and regulations.

TIMING CONCERNS

N/A

RAMIFICATIONS OF NOT TAKING ACTION

The establishment of a formal document establishing criteria, regulation, and guidance regarding electronic signatures will ensure consistency and a point of reference moving forward on this agency-wide initiative. The absence of a policy document could result in multiple and va...

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