(a) City vehicles - generally.
(1) All vehicles owned or leased by the employer shall be plainly marked as the property of the city, or shall carry city vehicle license plates.
(2) Vehicles may be provided for those officials, department heads, and employees who require transportation in the course of their duties. Employer-owned vehicles are not to be used for employee travel to and from work unless authorized by the City Manager. Vehicles shall not be used for personal use. The City Manager shall only approve employer owned vehicles to be used from travel to and from work for safety forces or other non-safety forces that are required by the nature of their job duties to respond to emergencies (e.g. electric and water/sewer employees responding to emergency call out to repair services). The department head may also assign a city vehicle to employees attending training, seminars, conferences, or similar programs approved in advance by the City Manager.
(3) Employer-owned vehicles shall be used by employees whenever possible on approved city business.
(4) At any time a city vehicle is used, a vehicle mileage log must be completed.
(b) Assignment of city vehicles.
(1) Permanent vehicle assignments or assignment of a vehicle to attend a conference, meeting, etc. will be made based on written request which provides documented justification. Approval will be based on transportation needs, emergency requirements, call-out availability, after hours meetings, cost effectiveness, or as other determined by the employer.
(2) Permanent vehicle assignments shall be reviewed annually by the employer during the budget appropriations process. All permanent vehicle assignments shall be reported to the City Finance Director for income tax purposes. Employees assigned vehicles shall assist the City Finance Director’s Office in meeting the IRS rules. All employees who have permanently assigned vehicles shall keep a daily record of any personal use of the vehicle. This shall include, but not be limited to, commuting to and from work. All costs associated with personal use must be added as income to the employee’s W-2 statement. The records shall also include maintenance, insurance, fuel, etc. Failure to maintain and provide such information may result in loss of use of the vehicle. Those employees assigned a vehicle due to the nature job duties as a result of the necessity to respond to emergency call outs shall not have the mileage related to commuting to and from work considered as income as permitted by IRS rules.
(c) Qualifications for using city vehicles or personal vehicles on city business.
(1) All operators of city owned or leased vehicles or employees using their own vehicles for city business shall be at least 18 years of age. Only city employees may drive city-owned or leased vehicles.
(2) All drivers must have a current, valid Ohio driver's license that covers the type of vehicle to be operated. A copy of the license must be placed in the driver's file. In those classifications which require a certain motor vehicle license, newly hired employees must generally possess such license as a condition of employment, and all current employees must maintain said license for the duration of their employment in said classification. Loss of license and driving privileges by such employees may result in termination of employment for incompetency. All employees must report a loss of licensure or driving privileges to their department head/designee.
(3) Employees operating a vehicle on behalf of the employer are expected to operate the vehicle in a responsible manner. An individual's driving record as maintained by the State of Ohio Bureau of Motor Vehicles (BMV), or record from any other state or country in which the driver or applicant has resided or operated a motor vehicle during the previous 36 months, or any other legal source, will be used as an indication of the individual's ability to responsibly operate a vehicle. The employer will review annually the BMV driving record of each city employee who operates a vehicle on behalf of the employer.
(4) A. The following is a non-exhaustive listing of motor vehicle related occurrences (violations, convictions, and accidents), the appearance of which on the driving record of a city employee during the previous 36 month period will normally result in the suspension of the employee's driving privileges for the city.
B. A conviction for:
1. Driving while under the influence of alcohol or drugs;
2. Vehicular homicide or manslaughter;
3. Leaving the scene of an accident;
4. Attempting to elude or flee a police officer after a traffic violation;
5. Drag racing;
6. Other intentional and dangerous or reckless use of a motor vehicle.
(5) In a case where the employer or the State of Ohio has suspended the employee's driving privileges, or the employee becomes uninsurable under the employer's policy, and driving is an essential function of the employee's position, the employer may take appropriate disciplinary action up to and including termination of employment by the city. The employer may also require employees to participate in remedial or defensive driving courses when employees evidence poor driving records at the employee's expense.
(6) An applicant may be denied employment on the basis of an unsatisfactory driving record. At the discretion of the employer, denial may be made without regard to the number of points or violations or whether they occurred within the State of Ohio. The employer will review the BMV driving record of any applicant who, if employed, will be operating a vehicle on behalf of the employer, prior to making an offer of employment.
(7) Drivers shall immediately report to their department head/designee any on-duty traffic incidents/violations (e.g. moving violation, accident, etc.). Employees are responsible for traffic fines issued to them or the city as a result of their operation of a city vehicle. Employees are not required to report individual off-duty traffic incidents/violations (e.g. moving violation, accident, etc.) but must report to their department head/designee any occasion where they have accumulated more than six points on their driving record.
(8) Employees who use their personal vehicle for official employer business will be reimbursed on a mileage basis at the authorized rate. A Personal Expense Statement Form shall be completed.
(d) Insurance.
(1) Employees who use city-owned vehicles must be insurable under the employer's insurance policy. An employee who must operate city-owned vehicles as part of the essential functions of the employee's position who becomes uninsurable under the employer's policy shall be subject to disciplinary action up to and including termination of employment.
(2) Insurance coverage for personal vehicles used on employer business shall be the responsibility of the owner of the vehicle. All employees who use their own vehicle on city business shall show proof of liability insurance to the employer in the amounts of at least one hundred thousand dollars ($100,000) per person, three hundred thousand dollars ($300,000) per accident, Bodily Injury, and fifty thousand dollars ($50,000) Property Damage. No mileage reimbursement shall be authorized until a current certificate of insurance is on file.
(e) Use of vehicles.
(1) Vehicles plainly marked as property of the city shall not be used for any purpose other than official city business.
(2) Employees must continuously recognize that use of an employer-owned vehicle is a privilege and that they are constantly visible as an official representative of the city. Employees should show every courtesy while operating a city vehicle or their personal vehicle on city business in order to enhance the good reputation of the city.
(3) Employees shall exercise caution and responsibility and adhere to all safety regulations when operating employer-owned vehicles. Operators and passengers shall wear safety belts at all times while driving or riding in an employer-owned vehicle or their personal vehicle on employer business. Negligent, reckless, or improper operation of vehicles while on employer business is grounds for disciplinary action.
(4) Except as otherwise provided herein, passengers not on official city business and hitchhikers are not permitted in city-owned vehicles. A family member or friend may be permitted as a passenger in city-owned automobiles only if approved in advance by the employer. Only city employees may drive a city vehicle.
(5) Employees who must operate a city vehicle as part of their job or their personal vehicle on city business, either on a regular or occasional basis, are required to report any suspension or revocation of their driver's license to the department head immediately. The department head shall immediately notify the City Manager in writing.
(6) Use of alcoholic beverages or controlled substances prior to or during operation of a city vehicle is prohibited. Alcoholic beverages or controlled substances shall not be transported in a city vehicle except as required in the performance of the employee's duties (e.g., law enforcement). Any employee convicted of operating a city vehicle while under the influence of alcohol or drugs will be subject to immediate dismissal.
(7) Turn signals and warning signals shall be utilized by all vehicle operators. Vehicle headlights shall be used at all times vehicle is in use during periods of limited visibility or any time the vehicle windshield wipers are in use.
(8) Employees are responsible for ensuring any city vehicle which they are permitted to take home is properly maintained, kept locked, and parked in a safe and secure location.
(9) Employees shall ensure any city vehicle which they use is cleaned, fully fueled, and readied for service upon completion of its use.
(10) The operator of a vehicle shall be responsible for seeing that any service, safety, or maintenance items are corrected on the vehicle or reported to the proper authority.
(f) Accidents/traffic citations involving city vehicles or personal vehicles while on employer business.
(1) Accident reports shall be completed and submitted to the employer within 24 hours of an accident.
(2) Parking, moving violations, and other fines received while operating a city vehicle or a personally owned vehicle while on city business are the responsibility of the operator.
(3) Operators involved in accidents while operating a city vehicle in a non- approved manner will be subject to appropriate disciplinary action and may be liable for the cost to repair the vehicle.
(Ord. 19-O-2996, passed 2-19-2019)