157.58 OPERATION OF A VEHICLE FOR CITY OF CONNEAUT BUSINESS.
   (a)   Applicants. An applicant being considered for employment in a position that requires the operation of a vehicle for the City of Conneaut shall be required to produce an appropriate valid Ohio driver's license. An applicant who has accumulated four (4) or more penalty points, as reported by the Ohio Bureau of Motor Vehicles, for motor vehicle operation violations within the preceding twelve (12) months shall not be considered for the position.
   (b)   Condition of Employment. If operation of a vehicle for City of Conneaut business is required by the employee's position description, failure of the employee to maintain an applicable, valid State of Ohio driver's license may result in discipline, up to and including termination. The City of Conneaut makes no provision for "light duty" due to lack of proper licensure or the insurability of the employee.
   (c)   Operation of a Vehicle. During the course of employment, an employee may be required or have occasion to operate a City of Conneaut vehicle or the employee's personal vehicle for City of Conneaut business. To operate a vehicle for City of Conneaut business, an employee shall:
      (1)    Have a valid State of Ohio driver's license or a valid State of Ohio commercial driver's license as required by the employee's position description;
      (2)    Have approval from the Department Supervisor;
      (3)    Maintain liability insurance in accordance with Section 4509.01 of the Ohio Revised Code, as amended, if operating a personal vehicle for City of Conneaut business; and
      (4)    Submit information in accordance with subsection (i) herein.
   (d)   Authorized Operation of a City of Conneaut Vehicle. No employee shall operate a City of Conneaut vehicle for any use other than official City of Conneaut business. No person shall operate a City of Conneaut vehicle before or after an employee's regular working hours unless authorized by the Department Supervisor or City Manager. Any employee who violates this section shall be subject to discipline, up to and including, termination.
   (e)   EDITOR’S NOTE: Former subsection (e) hereof was deleted by Ordinance 37-14.
   (f)   Designated Personnel for City of Conneaut Vehicles.
      (1)    Employees whose positions regularly require travel for City of Conneaut business before or after their standard work hours may be assigned a City of Conneaut vehicle. Such vehicle may be used to travel between the employee's home and work assignment when necessary for the efficient, economical discharge of the employee's official duties with approval of the City Manager. Personal use of such vehicles is prohibited and shall result in discipline, up to and including, termination.
      (2)    An employee who elects to take a city vehicle home to travel to and from the work site on a daily bases is subject to IRS regulations that consider the use of the vehicle as compensation and therefore, subject to being taxed as income.
An employee that elects to take a vehicle home may do so upon selecting one of the following options and with the understanding that any compensation will be reflected on the employee's W-2 per IRS regulations:
         A.   Be paid a per day stipend based on IRS guidelines.
         B.   Be paid on a per mile bases, based on the standard mileage rate established by the Internal Revenue Service.
      (3)    The following individuals are exempt from this section: Police Chief, police personnel (excluding dispatchers and correction officers), and Fire Chief (if the vehicle has proper identification).
      (4)    The City Manager shall designate, by administrative order, personnel assigned to City of Conneaut vehicles.
   (g)   City of Conneaut Pool Vehicles. The City of Conneaut may provide vehicles for use as pool vehicles. The City Manager shall determine the necessity and number of such vehicles for each office. Employees who are required to operate a vehicle for City of Conneaut business may be authorized by the City Manager to operate a City of Conneaut vehicle. Any employee operating a pool vehicle must comply with subsection (c) herein.
   (h)   Applicable Law. Employees who operate vehicles during the course of their employment are subject to all traffic laws of the State of Ohio, County of Ashtabula and City of Conneaut. If an employee is required to drive out of the City or State for City of Conneaut business, the employee is subject to the traffic laws of those states, counties and/or municipalities.
   (i)   Traffic Violations.
      (1)    Notice. Employees shall notify their supervisor, within twenty-four (24) hours, after receiving a moving traffic citation related to a City of Conneaut owned vehicle. Failure to provide proper notice shall result in discipline, up to and including, termination. The Department Supervisor is responsible for notifying the Finance Department of same by the next business day.
      (2)    Official Warnings. Employees shall notify their supervisor, within twenty-four (24) hours, after receiving a written warning from the Ohio Department of Motor Vehicles related to a City owned vehicle. Failure to provide proper notice shall result in discipline, up to and including, termination. The Department Supervisor is responsible for notifying the Finance Department of same by the next business day.
      (3)    Penalty Points. No employee shall operate a vehicle for City of Conneaut business if they have eight (8) or more penalty points, as reported by the Ohio Bureau of Motor Vehicles. Employees who drive a vehicle for City of Conneaut business, regardless of whether such vehicle is owned by the City of Conneaut or is the employee's personal vehicle, must report all penalty points accumulated to their supervisor as soon as practicable. Failure to report penalty points shall result in discipline, up to and including, termination. If operation of a vehicle is required by the employee's position description and the employee accumulates six (6) penalty points, such employee may be required to complete driver education and/or safety course approved by the City Manager. Failure to complete any such required course shall result in discipline, up to and including, termination. If operation of a vehicle is required by the employee's position description and the employee accumulates eight (8) or more penalty points, as reported by the Ohio Bureau of Motor Vehicles, such employee shall be subject to discipline, up to and including, termination.
      (4)    Driving Under the Influence. If operation of a vehicle is required by the employee's position description and such employee is cited for driving under the influence such employee may be reassigned to a position that does not require operation of a motor vehicle (if available) or disciplined, pending disposition of the case. If the employee pleads guilty to or is convicted of the offense, the employee shall be subject to disciplinary action, up to and including, termination. If the employees is required to have a driver's license to perform his/her duties and said license is suspended or revoked the employee shall be terminated.
   (j)   Uninsurable. If operation of a vehicle is required by the employee's position description, and the employee becomes uninsurable under the fleet insurance of the City of Conneaut such employee is subject to disciplinary action, up to and including, termination.
   (k)   Accidents. An employee operating a vehicle for City of Conneaut business shall submit a written report regarding any accident or unusual incident, such as a mechanical malfunction involving the operation of a vehicle or destruction of equipment, to the employee's supervisor within twenty-four (24) hours of the occurrence. Failure to report such accident or incident shall result in discipline, up to and including, termination. Any employee involved in an accident may be required to complete a driver education and/or safety course approved by the City Manager. Failure to complete any such required course shall result in discipline, up to and including, termination. Any employee involved in an accident may also be required to undergo post-accident drug testing in accordance with the City's CDL/Drug Free Workplace Policies. Any employee who has had more than one accident within a one-year period may be subject to discipline, up to and including, termination.
   (l)   Seat and Shoulder Belts. Employees who operate a vehicle for City of Conneaut business are required to use the complete occupant restraint system provided in such vehicle.
   (m)   Mileage Reimbursement. An employee who operates a personal vehicle for City of Conneaut business shall be entitled to mileage reimbursement if prior approval from the Department Supervisor or City Manager has been obtained and upon submission of appropriate documentation. The rate of reimbursement shall be the standard mileage rate established by the Internal Revenue Service each year. Employees who receive a car allowance shall not be eligible for mileage reimbursement unless mileage exceeds one hundred fifty ( 150) miles round trip per trip. (Ord. 37-19. Passed 4-28-14.)