The City's current document signature process entails routing physical documents to signors and can be streamlined through the implementation of an electronic signature process. The use of electronic signatures on legally-binding documents has become increasingly prevalent in the private and public sectors. The current COVID-19 pandemic and recent Shelter-in-Place Orders have required staff to work from home and an electronic signature process and policy will allow for a streamlined process to continue to allow staff to work from home safely. The benefits of using electronic signatures in lieu of handwritten signatures include: reduction of paper generation, and decrease in time associated with transmitting, approving and retaining physical documents.
Documents that may be used for electronic signatures include agreements and contracts (including associated amendments), resolutions, ordinances, minutes, finance related documents and other legally allowable documents.
This Policy authorizes the City to accept and approve electronic signatures, in lieu of written signatures, on documents requiring signatures, in compliance with the legal requirements of California Government Code section 16.5, California Civil Code section 1633.1 et. seq. (the California Uniform Electronic Transaction Act, “UETA”), 15 United States Code Annotated 7001 (the United States Electronic Signatures in Global and National Commerce Act, “ESIGN Act”), and all other applicable laws and regulations. This Policy does not supersede any laws that specifically require a written signature on a particular document for the same to be considered legally valid.
The City Administrator and City Clerk, in consultation with the City Attorney, shall have the authority to develop administrative policies and procedures to the extent necessary to implement the terms of this Policy.