3513.1
AR
Administrative Regulation
Cellular Phone Reimbursement
The district may provide an allowance to an employee for the use of his/her personally owned cell phone or mobile communications device for district-related business. The allowance shall be based on the business requirements of the employee. The allowance shall be given to the employee, who shall be responsible for payments to the service provider.
The district may purchase cell phones or other mobile communications devices for use by employees for district-related business.
Employees who are not provided an allowance or district-owned mobile communications devices may be reimbursed for the actual expenses of business-related calls made on their personally owned equipment, in accordance with the district's expense reimbursement procedures.
The Superintendent or designee shall determine if an employee requires a cell phone or other mobile communications device for the efficient performance of his/her job responsibilities. Factors that will be considered include, but are not limited to, whether the employee's job responsibilities require:
- A need to communicate frequently and access to a district telephone is not readily available
- A need to communicate immediately to ensure the safety of district staff and students, or the security of district property
- A need to be accessible due to frequent travel or work outside of the office
The Superintendent or designee shall develop a uniform system for identifying employee cell phone or mobile communications device needs and the most cost effective method of providing necessary equipment to employees. He/she shall also develop a system for monitoring employee use and reimbursement of costs.
If an employee misuses the cell phone or other mobile communications device or leaves district employment, he/she shall be responsible for fees or charges associated with cancellation of the service contract.
If the Superintendent or designee determines that an employee no longer needs a cell phone or other mobile communications device to perform his/her job responsibilities, any fees or charges associated with cancellation of the service contract shall be the responsibility of the district.
Documentation of Records for Tax Purposes
Documentation of personal use and district auditing of records
When an employee receives a monthly allowance for the use of his/her personally owned cell phone or mobile communications device or has been provided the use of a district-owned device, he/she shall identify the personal calls on the monthly bill and shall reimburse the district for the cost of the personal calls. (26 CFR 1.132-5)
In order to satisfy Internal Revenue Service documentation and substantiation requirements regarding taxable income, the Superintendent or designee shall establish a system which requires the employee to maintain documentation distinguishing personal and business charges as well as a system for the district to audit the employee's bills to confirm proper business usage.
Legal & Management References
State
Ed. Code 35213 - Reimbursement for loss or damage of personal property
Ed. Code 44032 - Travel expense payment
Ed. Code 48901.5 - Prohibition of electronic signaling devices
Veh. Code 23123 - Wireless telephones in vehicles
Veh. Code 23125 - Wireless telephones in school buses
Federal
26 CFR 1.132-5 - Working conditions fringe benefit
26 USC 280F - Limitation on depreciation for luxury automobiles, etc
Cross References
3542 AR School Bus Drivers
4156.3 BP Employee Property Reimbursement
9250-E(1) AR Remuneration, Reimbursement And Other Benefits