San Fernando Municipal Code Art. VIII Electronic Records and Signatures

The following definitions apply to this article:

"Approved list of certification authorities" means the list of certification authorities approved by the California Secretary of State to issue certification for digital signature transactions involving public entities in California.

"Certification authority" means a person or entity that issues certification for the digital signature transaction. "Digital signature" has the same meaning as in Government Code § 16.5 and 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.

"Digital signature" has the same meaning as in Government Code § 16.5.

"Electronic record" has the same meaning as in California Civil Code § 1633.2.

"Electronic signature" has the same meaning as in California Civil Code § 1633.2.

"Signer" means the person who signs a digitally signed communication with the use of an acceptable technology to uniquely link the message with the person sending it.

"Technology" means the computer hardware and/or software-based method or process used to create the digital signature.

"UETA" means the Uniform Electronic Transactions Act, commencing at California Civil Code § 1633.1.

(Ord. No. 1691, § 2, 2-3-2020)

In any written communication or transaction with the city where a signature is required, any party to the communication may use a digital signature, provided that it complies with the requirements of this article. This article is intended to enable the city to use digital signatures to the fullest extent allowed by law, and does not limit the city's ability to use electronic records, electronic signatures, or digital signatures in any way.

(Ord. No. 1691, § 2, 2-3-2020)

In any transaction with the city for which the parties have elected to conduct the transaction by electronic means, the following provisions shall apply:

(1) When a record is required to be in writing, an electronic record satisfies that requirement, if it is in accordance with the UETA.

(2) When a signature is required, the parties may agree that either:

a. An electronic signature satisfies that requirement, if it is in accordance with the UETA; or

b. A digital signature satisfies that requirement, if it is in accordance with Government Code § 16.5.

(3) A digital signature shall include the following attributes:

a. It is unique to the person using it.

b. It is capable of verification.

c. It is under the sole control of the signer.

d. It is linked to data in such a manner that if the data changed, the digital signature is invalidated.

e. It conforms to regulations adopted by the Secretary of State.

(4) The certification authority issuing the certification for the digital signature transaction must appear on the "approved list of certification authorities" authorized by the California Secretary of State.

(5) The technology used to create the digital signature shall meet the Secretary of State's acceptable technology requirements under Title 2, Division 7, Chapter 10, Section 22003 of the California Code of Regulations as the same may be modified and amended from time to time.

(6) The city shall ensure that the level of security used to identify the signer of a document, and that the level of security used to transmit the signature, is sufficient for the transaction being conducted.

(Ord. No. 1691, § 2, 2-3-2020)

The city council, by resolution, may establish and from time to time amend such policies as the city council deems necessary or desirable to expand upon the provisions of this article, provided that such policies are consistent with the provisions of this policy.

(Ord. No. 1691, § 2, 2-3-2020)

The authorization conferred under this article, shall not apply where the use of digital signatures or electronic signatures is prohibited by law or otherwise not governed by the UETA.

(Ord. No. 1691, § 2, 2-3-2020)