Resolution 2016-61RESOLUTION NO. 2016-61
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GILROY APPROVING A POLICY TO ALLOW FOR THE USE OF
ELECTRONIC SIGNATURES (E- SIGNATURES) ON CITY
DOCUMENTS
WHEREAS, federal and state regulations have provided sufficient guidelines to allow for
the implementation of electronic content, electronic transactions and electronic signatures; and
WHEREAS, technology has developed to a level of sophistication to enable secure and
verifiable electronic signatures; and
WHEREAS, Gilroy's commitment to the environment and waste - reduction is evidenced
by its City Climate Action Plan, General Plan, Purchasing Policy, and Strategic Plan, and
reducing the use of paper supports this goal; and
WHEREAS, the California Secretary of State opinion regarding the "digital" requirements
of the Secretary of State Regulations (2 CCR 22000, et seq.) allows for electronic signatures; and
WHEREAS, electronic signature technology allows the City of Gilroy to collect and
preserve signatures on documents quickly, securely, and efficiently; and
WHEREAS, adoption of an electronic signature policy is not a project subject to
environmental review.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL that the City
Council does hereby adopt the Gilroy E- Signature Policy, included as Exhibit A to this
resolution. This Resolution shall take effect immediately upon its adoption by the City Council.
PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of
Gilroy on the 5th day of December, 2016, by the following roll call vote
AYES: COUNCIL MEMBERS: AULMAN, BRACCO, HARNEY,
LEROE- MUNOZ, TUCKER, VELASCO and WOODWARD
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS NONE
Mayor
Exhibit A.
CITY OF GILROY POLICY
TO ALLOW THE USE OF ELECTRONIC SIGNATURES
(E- SIGNATURES) ON CITY DOCUMENTS
PURPOSE
To enable the City of Gilroy to accept an approved electronic signature, in lieu of a
written signature, on a document in which a signature is required or used, in
compliance with the law. This policy does not supersede laws that specifically require a
written signature. This policy does not limit the right or option to conduct the
transaction on paper or in non - electronic form and the right to have documents
provided or made available on paper.
POLICY
1. To the extent necessary and permitted by law, the City of Gilroy accepts e- signatures
as legally binding and equivalent to handwritten signatures to signify an agreement
in compliance with the law.
2. This policy applies to all employees and officials of the City of Gilroy, and governs
all uses of electronic signatures and electronic records used to conduct the official
business of the City of Gilroy. Such business may include, but will not be limited to,
electronic transactions on contracts, both internal and external to the city; and
signatures on Resolutions and Ordinances of the Council. The City Administrator
may in any circumstance determine that a particular transaction be conducted by a
wet (manual) signature.
3. Authorized persons required to submit an electronic signature must do so using a
city approved electronic signature method.
4. The City of Gilroy's right to option to conduct a transaction on paper or in non-
electronic form shall not affect the City of Gilroy's right, option or obligation to have
documents provided or made available in paper format.
5. If the parties have agreed to conduct a transaction by electronic means, the parties
are required to utilize the city's electronic signature system for approved,
electronically signed documents and that all applicable security processes for
authentication be followed.
6. Where a legal requirement beyond city policy requires a written document that
requirement is met when an electronic record has associated with it an electronic
signature using an approved electronic signature method, which complies with
California state law.
7. Appropriate procedures must be used to confirm that the person signing the record
has the appropriate authority.
8. This policy applies only to transactions between parties which have agreed to
conduct transactions by electronic means with the use of the city's approved
electronic signature method.
9. If parties have agreed to conduct a transaction by electronic means and a law
requires a person to provide, send, or deliver information in writing to another
person, the requirement is satisfied if the information is provided, sent or delivered,
in an electronic record capable of retention by the recipient at the time of receipt. An
electronic record is not capable of retention by the recipient of the sender or its
information processing system inhibits the ability of the recipient to print or store
the electronic record.
10. This policy shall not apply to any transaction that requires a person's signature to be
signed in the presence of a notary public.
11. The final approval of any electronic signature method will be by the City
Administrator with the recommendation of the City Attorney and City Clerk, or
other designee.
12. Periodic reviews will be implemented for appropriateness and continued
applicability of electronic signatures.
13. In the event that it is determined that an approved electronic signature method is no
longer trustworthy, the City Administrator shall revoke the approval of that
electronic signature method. If there is continued significance for the electronic
signatures, which used the revoked method, the City Administrator will take steps
to see that any valid records signed with the revoked electronic signature method
are signed again either with a written signature or with an approved electronic
signature method.
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2016 -61 is an original resolution, or true and correct copy of a city
Resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said
Council held on the 5th day of December, 2016 at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 6th of December, 2016.
was Freels, MMC '
City Clerk of the City of Gilroy
(Seal)