Victorville Municipal Code Ch. 2.26 Electronic Signatures

The following definitions apply to this chapter:

(a) "Electronic signature" has the same meaning as in Section 1633.2 of the California Civil Code. For purposes of this chapter, a "digital signature" is a type of electronic signature.

(b) "Electronic" has the same meaning as in Section 1633.2 of the California Civil Code.

(c) "Digital signature" has the same meaning as in Section 16.5 of the California Government Code.

(d) "Transaction" has the same meaning as in Section 1633.2 of the California Civil Code.

(e) "UETA" means the Uniform Electronic Transactions Act, commencing at Section 1633.1 of the California Civil Code.

(f) "Electronic record" has the same meaning as in Section 1633.2 of the California Civil Code.

(Ord. No. 2413, § 2, 12-1-20)

(a) In any transaction or communication with the city for which the parties have agreed to conduct the transaction or communication by electronic means, the following provisions 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 Section 16.5 of the California Government Code.

(b) The city manager or his/her designee shall determine the documents for which the city may use and accept electronic signatures or digital signatures.

(Ord. No. 2413, § 2, 12-1-20)

(a) The city manager or his/her designee shall determine acceptable technologies and vendors under this section to ensure the security and integrity of any data and signatures. In determining which technologies and vendors are acceptable for digital signatures, the city manager or his/her designee shall comply with all applicable regulations, including without limitation, ensuring that the level of security used to identify the signer of a document and the level of security used to transmit the signature are sufficient for the transaction being conducted. In addition, to the extent necessary, the city manager or his/her designee shall ensure that any certificate involved in obtaining a digital signature by the signer is sufficient for the city's security and interoperability needs.

(b) Prior to accepting electronic or digital signatures, the city manager or his/her designee shall set forth the determinations made pursuant subdivision (a) of this section and those required by section 2.26.020(b) of this chapter in a written policy or administrative regulation.

(Ord. No. 2413, § 2, 12-1-20)

(a) This chapter is intended to enable the city to use electronic records, electronic signatures, and digital signatures to the fullest extent allowed by law. All use of electronic records, electronic signatures, and digital signatures by the city shall further be in accordance with the written policies and/or administrative regulations promulgated and amended from time to time by the city manager or his/her designee.

(b) Any use of electronic records, electronic signatures, and digital signatures by the city that is not in accordance with the provision of this chapter and the written policies or administrative regulations promulgated by the city manager or his/her designee, or any unauthorized signing of any contract, record, or other document, shall render such contract, record, or other document invalid as not fully and properly executed by the city.

(Ord. No. 2413, § 2, 12-1-20)