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Electronic signature technology policy BEFORE THE BOARD OF COUNTY COMMISSIONERS OF LEWIS COUNTY, WASHINGTON ESTABLISHING A POLICY OUTLINING ) RESOLUTION NO 19- c7-'o THE METHODS AND PROCESSES FOR THE USE ) OF ELECTRONIC SIGNATURE TECHNOLOGY ) WHEREAS, RCWs 19 360 020 and 19 360 030 allow a county to permit the use of electronic signature technologies and to establish a method and process for such use by ordinance, resolution, policy or rule, and WHEREAS, using electronic signature technologies can benefit Lewis County by decreasing the county's reliance on paper transactions and physical documents, thereby saving time and reducing the costs associated with conducting county business, and WHEREAS, Lewis County adopted Resolution 13-496 on Oct 21, 2013,to allow for the electronic approval of contracts, ordinances and resolutions, and WHEREAS, Lewis County has since developed an Electronic Signatures policy that expands the provisions set forth in Resolution 13 496, NOW, THEREFORE BE IT RESOLVED that the Lewis County Board of County Commissioners (BOCC) finds it to be in the public interest to allow the use of electronic signatures for county business to the fullest extent allowed by law, and BE IT FURTHER RESOLVED that the BOCC hereby rescinds Resolution 13-496 and replaces it with this resolution, and BE IT FURTHER RESOLVED that the BOCC adopts the aforementioned Electronic Signatures policy and incorporates it into the Lewis County Employee Handbook DONE IN OPEN SESSION, this 23rd day of September 2019 APP OVED AS TO FORM BOARD •F COUNTY COMMISSI•NERS ._/* /e fa . Jo a ha eyer, Prosecuting Attorney LE COUNTY, WASHING e By Deputy Prosecuting Attorney Rob: C Jackson, Chair ••••• 5 �� ATTEST ®�1gCOU1vrJ•• Gary Stamper, Vice Chair ----fi—f—e-4- 1- ' •Rieva Lester, Clerk of the Bo • jo SINCE 1 °;Edna J Fund, Car missioner •* C3 1845 .l z• •i Electronic Signatures Lewis County Policy General This policy is intended to promote efficiency, save resources and provide parameters on the use of e-signatures in Lewis County transactions This policy codifies how the County will designate transactions for which e-signatures will be required and recognized by the County This policy also requires the County establish security procedures regarding the use of e-signatures and does not replace any County Information Technology Policies Employees must have delegated signature authority in order to execute legal documents on behalf of the County Definitions Electronic Signature An electronic sound, symbol, or process, attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the record Electronically signed record' A record that is created and signed by electronic methods Authentication The assurance that the electronic signature is that of a person purporting to sign the record or conduct the electronic transaction Desired Signature Transaction: A transaction for which there is no legal requirement of a valid written or electronic signature but for which a valid written or electronic signature may be desirable in order to bind a party or emphasize the significance of a transaction Examples include but are not limited to internal memos or letters from one office to another Required Signature Transaction: A transaction governed by law or regulation that requires the presence of a valid written or electronic signature before it is considered legally effective Examples include but are not limited to contracts letters of offer and federal financial aid documents 1. Lewis County Departments and Officials May Use and Accept Electronic Signatures Unless otherwise specified by law or agency rule, the County recognizes that an electronic signature has the same force and effect as that of a signature affixed by hand 2 The Lewis County IT Director Establishes Standards for Electronic Signature Methods The Lewis County IT Director establishes standards for electronic submittal and receipt of documents with electronic signatures and a process for approval of electronic signature methods 3 County Offices Only Use Electronic Signature Methods and Software Approved by The Lewis County IT Director County employees who originate electronic records that require signatures shall use only the electronic signature methods and software that have been approved in writing by the Lewis County IT Director 4. Signers of County-Oriented Transactions Determine Whether a Signature Is Desired or Required a) Desired Signature Transactions Electronic signatures can be used when a signature is not required by law or regulation but is desired to emphasize its importance and there is an intent to give the same force and effect as the use of a signature affixed by hand In these cases, there is no legal requirement for authentication, and the signature method does not require approval by the Lewis County Board of County Commissioners or its designee b) Required Signature Transactions Electronic signatures can be used when law or regulation requires a signature In these cases, the signature method must be approved by the Lewis County Board of County Commissioners or its designee who determines whether the resulting signatures have all of the necessary components to make them legally enforceable Any approved system must produce or ensure i) An electronic form of signature, ii) Proof of intent to sign, iii) Association of signature to record iv) Identification and authentication of the signer and v) Integrity of the signed record 5 Departments Shall Retain All Electronically Signed Records Retention requirements are based on the function and content of the records rather than on format Employees with signature authorities and departments shall retain all electronically signed records for the same period as paper records as specified in the retention scheduled approved by the local records committee under RCW 40 14 Electronically signed legal documents must remain in their original form, searchable and retrievable for the length of the designated retention period (40 14 020(6) and WAC 434-662-040 6 Falsification of Electronically Signed Records and Electronic Signatures Is Prohibited It is a violation of this policy for an individual to sign a County transaction as if they were another individual or to sign on behalf of another individual, unless such specific authority has been granted by that individual 7 Authority RCW 19 360 020, RCW 19 360 030 Jsi BOCC AGENDA ITEM SUM AR Resolution BOCC Meeting Date Sep 23, 2019 Suggested Wording for Agenda Item Agenda Type Consent Establish a policy outlining the methods and processes for the use of electronic signature technology Contact Rieva Lester Phone. 3607401419 Department. Action Needed. Approve Resolution Description Establish a policy outlining the methods and processes for the use of electronic signature technology Additional Copies Daleyn Coleman, HR