The purpose of this section is to provide a clear set of policies and guidelines regulating the use of city-owned vehicles by city employees and to avoid and 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, termination or fine. The city vehicle policy and guidelines are as follows.
(a) City-owned vehicles are to be utilized exclusively for city business and matters relating to the operation of the services provided by the city to the community. This policy covers all vehicles owned by the city.
(b) 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 24-hour call to meet valid emergency situations; or
(2) The department head to which the vehicle is assigned can provide justification to the Mayor that such take home use is in the best financial interest of the city.
(c) The Mayor, 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 divisions (a) and (b) of this section.
(d) The Director of Finance 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.
(e) A vehicle is purchased or leased on an annual basis for use by the Mayor. This vehicle is considered a necessity for the performance of the duties of the Mayor/Safety Director. The Mayor/Safety Director’s use of this vehicle shall be at his or her discretion.
(f) City employees in the following positions will be provided with a vehicle to be used for city business only and commuting privileges while in and outside the corporate limits of the city:
(1) Police Chief;
(2) Assistant Police Chief;
(3) Fire Chief;
(4) Assistant Fire Chief;
(5) Fire Lieutenant (Administrative Head of Fire Prevention Bureau);
(6) Service Director;
(7) Director of Water Reclamation;
(8) D.A.R.E. Officer (during the school year); and
(9) Police Department Canine Officer.
(g) Additional proposals for vehicles to be used for commuting privileges shall be subject to the approval of the Mayor and submitted in ordinance form for Council’s subsequent approval or rejection.
(h) The Mayor, 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.
(i) No employee shall operate a city vehicle or heavy equipment or machinery if any of the following apply:
(1) The person is under the influence of alcohol or any drug of abuse, or the combined influence of alcohol and any drug of abuse;
(2) The person has a concentration of 0.04% or more by weight of alcohol in his or her blood;
(3) The person has a concentration of .04 of one gram or more by weight of alcohol per 210 liters of his or her breath; or
(4) The person has a concentration of .06 of one gram or more by weight of alcohol per 100 milliliters of his or her urine.
(j) 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) would a non-employee minor under the age of 18 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.
(k) Seatbelts are to be used at all times when driving or riding in a city vehicle.
(l) All vehicles owned or leased by the city 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 state 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.
(m) 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. 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.
(n) 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 with 72 hours of its occurrence to their department head, or within 24 hours of returning from vacation or other authorized leave if the expiration, revocation, suspension, forfeiture or restriction occurred during such leave.
(o) De minimis personal use of city vehicles by administrative officials or employees is permitted where such personal use is de minimis and incidental to his or her use of the city vehicle for the city’s business, 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; and
(3) Exposure of the city to substantial additional risk of liability.
(p) City owned gas and other vehicle fluids and parts shall be placed into city vehicles only. No employee is permitted to place city-owned gas or other fuel in his or her personal or other private vehicle under any circumstances.
(q) Employees who operate their personal vehicle for city business shall be paid a mileage allowance in accordance with established city code.
(r) All vehicles owned or leased by the city shall display the city emblem and vehicle number as set forth in § 204.01.
(s) It is the responsibility of the department heads to provide, keep and maintain mileage logs regarding use of vehicles.
(t) Unmarked vehicles and covert license plates (tags) used by the city in undercover investigatory operations are prohibited unless authorized by the Mayor and Police Chief.
(u) 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 April 1, 2003. This adjustment period should give the affected departments and employees an opportunity to prepare for the new policy.
(Ord. 2003-5, passed 2-3-2003; Ord. 2003-215A, passed 9-15-2003; Ord. 2005-167, passed 7-18-2005; Ord. 2014-244, passed 12-15-2014)