127City of Anaheim Administrative Regulation
CHAPTER 1 - ADMINISTRATIVE
Subject: Use of Electronic and Digital A.R. 127
Signatures Issue Date: November 2, 2022
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Purpose:
The purpose of this regulation is to establish guidelines that will allow the use and
acceptance of electronic signatures as appropriate, operationally feasible, and where
technology permits, for internal and external documents, in lieu of manual "wet" signatures,
in compliance with the requirements of California Government Code Section 16.5, the
UTEA, the ESIGN Act, and other applicable laws and regulations.
Background:
The use of electronic signatures on legally binding documents has become increasingly
prevalent. Benefits of using electronic signatures include: reduction of paper generation;
significant decrease in time and cost associated with transmitting, approving, and retaining
physical documents; as well as creation of an audit trail of the modification, editing, and
execution of documents.
The United States Electronic Signatures in Global and National Commerce (ESIGN) Act and
the California Uniform Electronic Transaction Act (UETA) require the following four
elements for an electronic signature to be recognized as valid under U.S. and State Law:
1. Intent to sign - Electronic signatures, like traditional, handwritten signatures, are valid
only if each party intended to sign.
2. Consent to do business electronically - The parties to the transaction must consent to
do business electronically. Electronic records may be used in transactions with
consumers only when the consumer has:
• Received UETA Consumer Consent Disclosures
• Affirmatively agreed to use electronic records for the transaction
• Has not withdrawn such consent
3. Association of signature with the record - In order to qualify as an electronic
signature under the ESIGN Act and UETA, the system used to capture the transaction
must keep an associated record that reflects the process by which the signature was
created, or generate a textual or graphic statement (which is added to the signed
record) proving that it was executed with an electronic signature.
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4. Record retention - U.S. laws on electronic signatures and transactions require that
electronic signature records be capable of retention and accurate reproduction for
reference by all parties or persons entitled to retain the contract or record.
Definitions:
Digital Signature means an electronic identifier, created by computer, intended by
the party using it to have the same force and effect as the use of a manual signature. By way
of example and not limitation, digital signatures include the certification of a record by use of
technology approved by the State of California for digital signatures, such as Public Key
Cryptography or Signature Dynamics [Vendor Examples: DocuSign, Adobe eSign].
Electronic signature is a paperless method used to authorize or approve documents
that indicates that a person adopts or agrees to the meaning or content of the documents. Cal.
Civil Code says an "Electronic signature" means 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 electronic record. By way of example and not of limitation,
electronic signatures include email signature blocks, PDF copies of manual signatures
without receipt of the manual "wet" signature, and the use of an electronic submission or
approval mechanism that does not employ technology approved by the State of California for
digital signatures, such as Public Key Cryptography or Signature Dynamics [Examples: PDF
signatures, facsimile signatures, TIFF/JPEG images of manual signatures].
Transaction means an action or set of actions occurring between two or more
persons relating to the conduct of business, commercial, or governmental affairs.
Procedure:
To the extent permitted by law, the City will accept electronic or digital signatures as legally
binding and equivalent to manual "wet" signatures as further specified in this regulation.
Parties to a transaction must be in agreement to conduct the transaction by electronic means
with approved technology that complies with applicable laws, policies, guidelines, and
regulations.
City Attorney's Office shall draft and include any appropriate language in applicable
contracts where electronic or digital signature usage is deemed appropriate.
Electronic Signatures:
Electronic Signatures may convey the intent of an individual to sign a record and are
often easier to implement. Electronic signatures may be used or accepted for internal City use
where it is determined there is low risk from using an electronic signature.
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Use of electronic signatures on internal documents shall be at the option of the
Department Head. There is no requirement that the City use or permit the use of an electronic
signature. Similarly, the City may not require parties to use electronic signatures; use of
electronic signatures requires consent of all parties to the transaction.
The presence of an electronic signature does not mean that a record was properly
signed or that the signatory was authorized. Authority to sign or execute contracts, records,
or other documents via electronic signatures or digital signatures may be delegated by the
City Manager or Department Head. The act of delegation of electronic signature or digital
signature authority by the City Manager or Department Head must be memorialized in
writing, including by not limited to, memorandum, City form, email, or delegation process
recorded within the digital signature software (if available).
Digital Signatures:
The use of a digital signature shall have the same force and effect as the use of a
manual signature if and only if it embodies all of the following attributes as set forth by
Government Code Section 16.5:
• It is unique to the person using it.
• It is capable of verification.
• It is under the sole control of the person using it.
• It is linked to data in such a manner that if the data is changed the digital
signature is invalidated.
• It conforms to the regulations adopted by the Secretary of State.
Digital Signatures may be used where simple electronic signatures are acceptable and
authorized for use. They may be used or accepted for any records or document where a
signature is required by Federal law, California law, or by City policy unless a handwritten
signature is explicitly required. There is no requirement that the City use or permit the use of
a digital signature. Similarly, the City may not require parties to use digital signatures; use of
digital signatures requires consent of all parties to the transaction.
The City is committed to promoting and conducting business electronically and in
compliance with all applicable laws and regulations. As such, this policy is intended to be in
compliance with California Uniform Electronic Transactions Act [UETA] (Civil Code
Section 1633.1 et seq.); California Government Code Section 16.5; and California Code of
Regulations Title 2, Div. 7, Chapter 10, Sections 22000, et seq., as well as any other
applicable state or federal regulations.
No digital signature format may be used or accepted by the City unless it has first been
approved by the City Clerk's Office in consultation with the City Attorney's Office to ensure
that it complies with UETA, California Government Code Section 16.5; and California Code
of Regulations Title 2, Div. 7, Chapter 10, Sections 22000, et seq., as well as any other
applicable state or federal regulations.
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Prohibitions:
This policy does not supersede laws that specifically require a manual, handwritten "wet"
signature, nor does it limit the right or option of the City to conduct the transaction on paper
or in non -electronic form.
The use of electronic or digital signatures shall be prohibited in the following situations:
• Transactions where electronic signatures are not enforceable by law and/or
transactions requiring a handwritten signature, such as transfers of real property.
• Transactions that require a person to sign in the presence of a notary public.
• Legislative history records such as minutes, ordinances, and resolutions of the City
Council and associated legislative bodies.
Records Retention:
All electronic records and electronic/digital signatures in any internal or external business,
documents, or transaction shall be retained by the City in accordance with applicable laws
and the City's records retention policy.
Responsibility:
It shall be the responsibility of the City Manager, including the City Clerk and City Attorney,
to amend this administrative policy and develop procedures to the extent necessary to
implement the terms of this policy. The City Manager, in consultation, with the City
Attorney, shall further determine the documents for which the City will accept
electronic/digital signatures.
It shall be the responsibility of the City Clerk's Office in consultation with the Finance
Department and City Attorney's Office to determine acceptable technologies and vendors
that comply with applicable laws and are consistent with industry best practices to ensure the
security and integrity of the data and the signatures and to procure and maintain a digital
signature solution in accordance with this policy.
Attachments:
A. Record series/types approved for electronic or digital signature
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Attachment A•
Records Approved for Electronic Signature:
Internal documents that are only signed by City employees (i.e., no outside -party signatures)
that are approved for electronic signature by the initiating Department Head, such as:
- Performance Evaluations
- Insurance Certificates, Approved as to Form
- Requests for Time Off
- Timesheets / Payroll Records
- Invoice Approvals
- IEPs — Public Works
- Online/Insider Forms such as IT service requests, HR Personnel Action Forms
Records Approved for Digital Signature:
- Grant Applications
- Grant Agreements
- Public Utilities Critical Infrastructure Information Non -Disclosure Agreements
- Contracts/Agreements with Vendors/Consultants (when notarization not required)
- Depositor Trust Fund Agreements