Layton City   search site  
Home Do Business Live & Work Play Departments Services & Payments Contact Us Follow Layton City Twitter Like Us on Facebook
   
  Skip Navigation Links Home Departments Management Services Human Resources City Policy
  Management Services
 

Layton City Policy

Personnel Policy Manual

Back To Title List | Chapter List | Section List

1114 - Outside Use of City Developed Software

Background

The IT Division Manager coordinates regularly with City department directors to assess their information technology (IT) needs, and recommend and assist with effective IT solutions.  In regards to software, it may be decided to purchase software from a vendor, or in other cases, it may be determined more cost effective to develop the software in-house by City programmers under the direction of the IT Manager and Management Services Director.

From time to time, outside organizations have and may become interested in acquiring city developed software for their use.  The purpose of this policy is to set up appropriate options, and procedures for making software available to outside organizations, thus providing an additional source of revenue to the City.  It also provides guidance for the payment of a bonus to the City’s Software Development Team when software is sold to an outside organization.

Policy

• This policy shall be consistent with the City’s Work Product Policy (3008).
• Layton City shall retain all rights to source code and software under all of the options presented herein with the exception of Option 5 below.
• The City is not in the software development business.  Application software shall be designed and developed to meet the expected current and reasonable future needs of Layton City departments.  Additional features not needed by Layton City will not be included in software development as a means to increase the application’s marketability to outside organizations.
• Any requests for additional features by outside organizations will be evaluated based on the needs of Layton City.  If the requested features are not needed by Layton City, they will not be provided.  If they are useful for Layton City, they may be provided according to the City’s timetable, and for an appropriate price.
• All software development by City programmers shall be under the direction of the IT Manager and Management Services Director for the sole purpose of effectively meeting the IT needs of Layton City.
• Pricing for application software and any City-provided support services shall be recommended by the IT Manager and Management Services Director, and approved by the City Manager.
• Any outside organization using City software will accept all responsibility for use.  Layton City makes no guarantees regarding the software or its fitness for a particular purpose.
• When Layton City decides to abandon a software application, the City may opt to no longer support outside organizations using that software.  In this case the City would make source code available so organizations could get outside support.
• Application software developed by City programmers may be provided to another entity or jurisdiction upon the approval of the City Manager in accordance with the following options:

1. Layton City may provide software to an outside organization at no cost and with no ongoing support provided.
a. The City provides application(s) and limited installation and start-up support.  No further support is provided.
b. Application updates will be provided to the organization without support.
c. The requesting organization will not be provided source code.
d. The outside organization will not sell or distribute the software.

2. Layton City may provide software to an outside organization at a set price with support provided based on an annual maintenance agreement.
a. The City provides application(s) and limited installation and start-up support. 
b. The organization may purchase ongoing support annually (maintenance agreement) from Layton City.
c. Application updates will be provided to the organization.
d. The requesting organization shall not be provided source code.
e. The outside organization will not sell or distribute the software.

3. Layton City may provide software to an outside organization at a set price and third party support would be provided by the Layton City application developer on his/her own time.  This option would need to be approved by the Management Services Director and be subject to change in strict compliance with City’s Outside Employment Policy (3506).
a. The City provides application(s) and limited installation and start-up support. 
b. Any request for support, including additional features, to be provided by the City software developer on his/her own time at a negotiated rate.
c. Any changes to the source code become the property of Layton City.
d. The requesting organization shall not be provided source code.
e. Application updates will be provided to the organization.
f. The outside organization will not sell or distribute the software.

4. Layton City may provide software, with source code, to an outside organization at a set price and allow them to arrange support with an independent third party.
a. The City provides application(s) with source code.
b. No support will be provided by Layton City.
c. The City shall not be responsible for any changes made to the source code.
d. The outside organization will not sell or distribute the software.

5. Layton City may provide the software and source code to an outside organization at a set price with rights to resell the software.
a. The City provides application(s) with source code.
b. No support will be provided by Layton City.
c. The outside organization may sell or otherwise distribute the software.

Compensation of Programmers

City programmers are paid a salary based on a bi-ennial salary survey among similar cities and an evaluation of internal equity.  Often, particularly during prosperous economic times, the salaries paid to effective programmers in the private sector are significantly higher than Layton City is able to pay.  It is recognized that stability of employment is greater in the public sector, however it remains a challenge to retain high quality programmers and maintain a continuity of employment that minimizes interruptions and delays from turnover. 

To provide for greater retention of quality programmers, the City’s Software Development Team may receive additional limited compensation when the software developed is sold to an outside organization.  This additional compensation will be divided equally among the programmers on staff when the software was developed, and still employed by the City.  Once a programmer leaves the employment of the City, he/she will not be eligible for any compensation.  The Software Development Team may be eligible to split a bonus of 25% of the net sales proceeds received by Layton City as long as they were employed during the time the software was developed, and are still employed by the City at the time the sales proceeds are received.  The Software Development Team will not be paid a bonus on software maintenance agreements purchased by outside organizations from the City. 

Enacted, 11/18/2009, Previous Policy 1114
 




 
 
Index Contact Us Site Credits Privacy and Security Statement
Top