157.19 USE OF CITY VEHICLES.
   (a)   The purpose of this section is to provide a clear set of policies and guidelines regulating the use of City owned or leased vehicles by City employees and to avoid any conflicts or misunderstandings regarding their use. Any violations of this section may result in disciplinary action including, but not limited to, verbal warning, written reprimand, time off without pay (suspension), loss of use of vehicle, or termination.
   This section shall not apply to vehicles assigned to and utilized by the Police Division or Fire Division for the purposes of police and fire protection and emergency response. The use of such vehicles shall be governed by the rules, regulations and procedures of such Divisions.
   (b)   All vehicles owned or leased by the City of Ashtabula are to be utilized exclusively for City business and matters relating to the operation of the services provided by the City of Ashtabula to the community.
   (c)   No City vehicle shall be used or operated for the daily purpose of transporting any City employee to and from work unless one or both of the following conditions apply:
      (1)   The operator of the vehicle is on a twenty-four hour call to meet valid emergency situations; or
      (2)   The Department Head to which the vehicle is assigned can provide justification to the City Manager that such take home use is in the best financial interest of the City.
   (d)   The City Manager, with the advice of the Department Head, may grant temporary use of City vehicles for commute purposes when deemed appropriate or necessary, subject to the restrictions set forth in subsections (a) and (b) hereof.
   (e)   The City Auditor shall report the use of vehicles in accordance with the guidelines of the Internal Revenue Service Code. The vehicles are not an inducement for employment nor should they be considered as compensation.
   (f)   A vehicle will be made available for use by the City Manager. This vehicle is considered a necessity for the performance of the duties of the City Manager. The City Manager’s use of this vehicle shall be at his or her discretion.
   (g)   The City Manager, at his or her discretion, may authorize extended use of the vehicles being used by the Police and Fire Chiefs for the health, safety and welfare of the residents of the City of Ashtabula.
   (h)   No employee shall operate a City vehicle or heavy equipment or machinery if the person is under the influence of alcohol or any drug of abuse, or the combined influence of alcohol and any drug of abuse; the person has a concentration of four-hundredths (.04) of one percent or more by weight of alcohol in his blood; the person has a concentration of four-hundredths (.04) of one gram or more by weight of alcohol per 210 liters of his breath; or the person has a concentration of six-hundredths (.06) of one gram or more by weight of alcohol per 100 milliliters of his urine.
   (i)   Non-employees are not permitted to ride in a City vehicle except for business related reasons (i.e., carpooling to a permitted function). Only in extreme emergency (i.e., safety) may a non-employee minor under the age of eighteen years old, be permitted to ride in a City vehicle. Activities such as routinely dropping children off at school or picking them up from daycare are strictly forbidden.
   (j)   Seatbelts are to be used at all times when driving or riding in a City vehicle.
   (k)   All vehicles owned or leased by the City of Ashtabula are to be operated and maintained in a safe and efficient manner. The operator of any such vehicle shall be responsible for reporting any defect, damage or unsuitable condition of any City vehicle to their Department Head. All operators of City vehicles must be properly licensed in accordance with Ohio law to operate the class of City vehicle so operated and shall provide to their Department Head proof of being so licensed upon request and in any event each time his or her license is renewed. Each employee who operates a City vehicle must provide a copy of his or her license to their Department Head who shall be responsible for maintaining a current list of all employee’s licenses who may operate a City vehicle.
   (l)   Any employee who sustains or causes injury or damage to any property while in possession or being assigned a City vehicle shall report such damage or injury immediately to any governmental authority as is required by law and thereafter promptly report in writing, the details of such occurrence to their Department Head.
      (1)   Further, any employee who may be required to operate a City-owned or leased vehicle must report to his or her Department Head any pending charges of operating a motor vehicle under the influence of drugs, alcohol or a combination of drugs and alcohol, or of operating a motor vehicle with a prohibited level of alcohol or drugs in the person’s blood, breath or urine, regardless of when or where such charges arose. Failure to promptly report the details of any occurrence to the employee’s Department Head may result in disciplinary action up to and including termination.
      (2)   In the event an employee’s driver’s license expires or is revoked, suspended, forfeited or restricted in any manner, the employee shall be required to report that information within seventy-two hours of its occurrence to their Department Head, or within twenty-four hours of returning from vacation or other authorized leave if the expiration, revocation, suspension, forfeiture or restriction occurred during such leave.
   (m)   Minimal personal use of City vehicles by employees is permitted only where such personal use is incidental to the employee’s work on behalf of the City, and does not result in:
      (1)   A significant deviation from the course of travel on City business;
      (2)   Exposure of the City vehicle to substantial additional risk of loss or damage;
      (3)   Exposure of the City to substantial additional risk of liability.
   (n)   City-owned or City-purchased fuel and other vehicle fluids and parts shall be placed into City vehicles only. No employee is permitted to place City-owned or City-purchased fuel in his or her personal or other private vehicle under any circumstances.
   (o)   It shall be the responsibility of the Department Heads to provide, keep and maintain mileage logs regarding use of vehicles for other than City business.
   (p)   Except as specifically authorized by the City Manager or Police Chief, all vehicles of the City which are subject to the provisions of this section shall bear a City emblem and a vehicle number. Unmarked vehicles and covert license plates are prohibited unless authorized by the City Manager or Police Chief.
   (q)   In order to provide for an appropriate adjustment period, all City employees previously allowed to use a City vehicle for commuting purposes shall continue to be allowed to use the vehicle for commuting purposes until January 1, 2009. This adjustment period should give the affected departments and employees an opportunity to prepare for the new policy.
(Ord. 2008-155. Passed 11-3-08.)
CITY OF ASHTABULA