§ 36.04 VEHICLE USAGE POLICY.
   (A)   Purpose. To set forth policies and guidelines for the usage and assignment of city owned and operated vehicles. The primary purpose of this policy is to establish procedures for the assignment of vehicles to departments and specific personnel within those departments. For purposes of this section, “city” and “Newcastle” are synonymous and may be used interchangeably.
   (B)   Background. The city owns and operates a fleet of vehicles utilized in the accomplishment of its duties and responsibilities to the citizens of the city which are assigned to various city employees and departments. For purposes of this policy, heavy duty construction equipment, and stationary equipment, are excluded. All police and fire vehicles are exempt as well.
   (C)   Policy. It is the policy of the city to maintain automobiles for use by its employees while they are engaged in city business. This policy is divided into a description of the types of assignments and the general rules applicable to vehicle usage within these assignments.
   (D)   Types of vehicle assignment.
      (1)   Permanent assignment with take-home usage. The following guidelines are to be followed for permanent take-home assignment by city personnel.
         (a)   The regular take-home privilege is restricted to those employees residing within ten miles of the incorporated limits of the city who engage in extensive evening work and those field employees on specific 24-hour call for a specified length of time.
         (b)   Irregular eight-hour shift work extending into evening or early morning hours does not justify vehicle take-home privileges.
         (c)   Possible emergency call out only does not constitute sufficient cause for take-home privilege. However, the need for rapid response to emergency calls can, and does, constitute justification for take-home privileges.
         (d)   Work performed to and from a central work location only does not constitute sufficient cause for vehicle take-home privileges.
         (e)   No vehicles are permitted to be taken home beyond ten miles outside the incorporated limits of the city absent prior written approval from the City Manager.
         (f)   Radio or other communications equipment will be assigned to take home vehicles to ensure employee availability during use beyond normal office hours.
         (g)   Take-home use is recognized as a privilege due to the nature of the job and as a condition of employment.
      (2)   Permanent assignments for “daytime” use. One of the following conditions must be met to justify a permanent assignment of a city-owned vehicle to specific city personnel:
         (a)   The employee will use the car throughout the day, or shift, and the vehicle is not effectively available for pooling; or
         (b)   It is one-of-a-kind vehicle carrying specialized equipment that must be kept available so that a particular individual can perform his or her assigned duties.
      (3)   Departmental pool assignment. One or more vehicles may be assigned to a department based on the following conditions for sharing or pooling:
         (a)   No individual employee within the department needs to have permanent access to a vehicle and the vehicle is for general use by a department;
         (b)   Shift work, crew size or schedule of work dictates that the drive will vary from day to day or week to week; or
         (c)   Pool usage is encouraged as opposed to automatic use of a personally owned and operated vehicle.
      (4)   Use of personal vehicles. A personally owned and operated vehicle may be used on city business, under the following conditions:
         (a)   An employee may use his or her own car for city business only with prior approval of his or her supervisor; and
         (b)   A pool vehicle is not otherwise available.
   (E)   General rules and procedures.
      (1)   Every employee whose duties require him or her to operate an automobile on city business shall have in his or her possession a valid state driver’s license.
      (2)   Any fines incurred as a result of driving or parking violations shall be paid by the employee. Violation of state or local laws related to vehicular traffic shall be grounds for revocation of the privilege to drive city vehicles.
      (3)   Time spent by an employee in driving a city or personal automobile on city business during normal working hours shall be considered hours worked for pay purposes.
      (4)   Automobiles are permanently assigned to those departments which have demonstrated a continuing need for them.
      (5)   A change of employee status/duties will be reason for re-evaluation of the need for assignment of a city vehicle.
      (6)   In the event of unusual or extraordinary circumstances, take-home use of a city vehicle more than ten miles outside of the city limits may be granted on a temporary or interim basis by the City Manager.
      (7)   All designated emergency response vehicles must be equipped according to state statutes.
      (8)   Department heads will submit a list to the City Manager for approval of employees whose jobs make it essential that he or she needs a take home vehicle prior to January 1 of each year.
      (9)   Under IRS rulings, an employee’s use of an employer-provided vehicle used to commute to and from work is a taxable benefit. The city has chosen the “commuting value” rule as the method to determine the amount of taxable benefit to each employee who chooses to drive a city-provided vehicle which amounts equal to $3 per day. Fire and police vehicles, if used in accordance with IRS regulations, are exempt.
      (10)   Employees who choose to use the employer-provided vehicle to commute to and from work will have the taxable benefit of $3 per day (for days actually worked) which shall be reflected on their yearly W-2 form.
      (11)   Employees who are assigned a city- owned vehicle cannot use the vehicle for personal use other than commuting to and from work, except for de minimus personal use such as stopping for a personal errand between work and home and for meals taken in the course of employment.
      (12)   City-owned vehicles not being used for the commuting purposes or after normal business hours shall be secured on city owned property unless temporarily located elsewhere, such as for maintenance.
(2002 Code, § 36.04) (Ord. 653, passed 1-11-2010)