POLICY 32
ELECTRONIC SIGNATURES Revised 1/24

SECTION INDEX:     Electronic Signatures

1.    Purpose

2.    Reference

3.    Application

4.    Definitions

5.    Policy

6.    Guidelines

1. PURPOSE

The purpose of this policy is to provide Citywide standards for use of electronic signatures.

2. REFERENCE

Resolution M-2158, Authoring the Use and Receipt of Electronic Signatures in Conducting Business

Resolution M-2157, Authorizing Electronic Submittal of All Documents Associated with Public Works Contracting

RCW 1.80, Uniform Electronic Transactions Act.

RCW 42.45, Revised Uniform Law on Notarial Acts

Federal Electronic Signatures in Global and National Commerce Act (E-Sign)

3. APPLICATION

This Policy applies to all City of Olympia employees and volunteers. Failure to comply with this Policy may result in disciplinary action up to and including termination from City service.

4. DEFINITIONS

a)    Electronic Signature: An electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

b)    Digital Signature: A specific type of electronic signature that is a transformation of a message using an asymmetric cryptosystem such that a person who has the initial message and the signer's public key can accurately determine whether: (i) the transformation was created using the private key that corresponds to the signer's public key; and (ii) the initial message has been altered since the transformation was made.

5. POLICY

The intent of the City Manager is to delegate responsibility to approve use of Electronic Signatures to those who have the most knowledge and control over the work and to encourage efficient business flow.

5.1. Federal and State laws authorize use of Electronic Signatures

Federal and State laws allow and encourage public agencies to use and accept Electronic Signatures to authenticate electronic transactions.

5.2. The City recognizes Electronic Signatures that are enforceable under state and federal law

The City recognizes Electronic Signatures as having the same force and effect as handwritten signatures unless otherwise provided by law. Electronic Signatures may only be used to conduct City business when there is a reasonable assurance of the integrity, authenticity, and nonrepudiation of the associated electronic documents and submissions.

5.3. The City encourages the use of Electronic Signatures

City employees are encouraged to use Electronic Signatures when requesting signatures from other parties and when signing on behalf of the City where the use improves customer service, lowers costs, simplifies transactions, and reduces transaction times.

5.4. The City authorizes the use of electronic records notary public

The use and acceptance of an electronic signature affirmed by an electronic record notary public is permitted if the notarization complies with the Revised Uniform Law on Notarial Acts, Chapter 42.45 RCW.

5.5. Signature Authority and Electronic Signatures

Use of electronic signatures does not affect the signature authority delegated to City staff; it only changes how they may sign records they already have the delegated authority to approve.

6. GUIDELINES

6.1. Electronic Signature Technology Requirements

Electronic Signature technologies used to conduct City of Olympia business must meet the following criteria:

a)    The method of signing or the record itself adequately identifies the signer, for example, first and last name, title, agency or business.

b)    The date of the signature, unless the electronic signature technology is self-auditing.

c)    The method of signing adequately addresses the risks associated with using an electronic signature on the particular type of transaction in which the electronic signature is being used and that electronic signatures are not otherwise prohibited by law for that type of transaction.

d)    The electronic signature method allows the City to access the signature and associated metadata in a way that allows the signature to be preserved in the record for compliance with the Public Records Act and records retention schedules.

e)    The electronic signature technology must meet the City’s IT Standards and the Use of City Systems, Procurement Procedures and Security, Virus and Downloading sections of the City’s Technology Use Policy.

Revision history: January 2024; Created April 2021