(a) Applicants. An applicant being considered for employment in a position that requires the operation of a vehicle for County of Summit business shall be required to produce an appropriate valid State of Ohio driver's license. An applicant who has accumulated four (4) or more penalty points, as reported by the Ohio Department fo Public Safety- Bureau of Motor Vehicles ("BMV"), 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 County of Summit 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 County of Summit makes no provision for "light duty" due to lack of proper licensure or the County determining the employee to be an unacceptable risk as defined by subsection (j) of this Section.
(c) Operation of a Vehicle. During the course of employment, an employee may be required or have occasion to operate a County of Summit vehicle or the employee's personal vehicle for County of Summit business. To operate a vehicle for County of Summit 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;
(2) Have approval from the appointing authority;
(3) Maintain liability insurance in accordance with Section 4509.01 of the Ohio Revised Code, as amended, if operating a personal vehicle for County of Summit business; and
(4) Submit information in accordance with Section 169.25(i).
(d) Authorized Operation of a County of Summit Vehicle. All Summit County vehicles shall be equipped with an Automated Vehicle Locating device (“AVL”) unless specified in an Executive Order. No employee shall operate a County of Summit vehicle for any use other than official County of Summit business. No employee shall tamper with the AVL device installed on the vehicle. No person shall operate a County of Summit vehicle before or after an employee's regular working hours unless authorized by the appointing authority. Any employee who violates this section shall be subject to discipline, up to and including, termination.
(e) Designated Personnel. Each appointing authority shall provide to the Department of Law and Risk Management, annually on January 31, a list of employees of whom the appointing authority anticipates will be operating a motor vehicle for County of Summit business. Such list shall be updated periodically as needed.
(f) Designated Personnel for County of Summit Vehicles.
(1) Employees whose positions regularly require travel for County of Summit business before or after their standard work hours may be assigned a County of Summit 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. Such travel shall not be reimbursable. Individuals taking their designated or pool car home will be charged one dollar and fifty cents ($1.50) each way to comply with Internal Revenue Service publication 15B, commuting rules. Personal use of such vehicles is prohibited and shall result in discipline, up to and including, termination.
(2) The County Executive shall designate, by Executive Order, personnel assigned to County of Summit vehicles.
(3) Data regarding vehicle usage shall be audited by Internal Audit from the database associated with the AVL device on each vehicle. Any employee performing confidential or investigative work, as certified by the appointing authority and authorized by Executive Order, shall be exempt from completing the usage log.
(g) County of Summit Pool Vehicles. The County of Summit may provide vehicles for use as pool vehicles. The County Executive shall determine the necessity and number of such vehicles for each office. Employees who are required to operate a vehicle for County of Summit business may be authorized by the appointing authority to operate a County of Summit vehicle. Any employee operating a pool vehicle must comply with Section 169.25(c). All pool vehicles shall be equipped with an AVL device, as set forth above. Data regarding the usage of pool vehicles shall be audited by Internal Audit from the database associated with the AVL device.
(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 Summit and municipalities. If an employee is required to drive out of State for County of Summit 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, the Department of Law and Risk Management and the Department of Human Resources, within twenty-four (24) hours, after receiving a moving traffic citation related to a County owned vehicle. Failure to provide proper notice shall result in discipline, up to and including, termination. Employees shall notify their immediate supervisor of any tickets and/or citations resulting from the operation of any vehicle regardless of whether that vehicle is being operated for the purpose of County business as soon as practicable but no more than five (5) work days from the date of incident, provided that driving is an essential function of the employee's position with the County of Summit. The supervisor shall immediately notify the Department of Law and Risk Management. Failure to provide proper notice shall result in discipline, up to and including termination.
(2) Official warnings. Employees shall notify their supervisor and the Department of Law and Risk Management, within twenty-four (24) hours, after receiving a written warning from the BMV related to a County owned vehicle. Failure to provide proper notice shall result in discipline, up to and including, termination.
(3) Penalty points. No employee shall operate a vehicle for County of Summit business if they have eight (8) or more penalty points, as reported by the BMV. Employees who drive a vehicle for County of Summit business, regardless of whether such vehicle is owned by the County of Summit or is the employee's personal vehicle, must report all penalty points accumulated to their supervisor and the Department of Law and Risk Management 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 shall be required to complete driver education and/or safety course approved by the Department of Law and Risk Management at the employee's cost. 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 and the employee accumulates eight (8) or more penalty points, as reported by the BMV, such employee shall be subject to discipline, up to and including, termination. Upon employee's completion of the required drivers education and/or safety course, employee shall be permitted to operate a vehicle for County of Summit business and shall no longer be in violation of this subsection for purposes of subsection (j) of this Section, provided employee does not have ten or more points, as reported by the BMV.
(4) Suspension of license. If operation of a vehicle is required by the employee's position and such employee's license is suspended for any reason such employee may be reassigned to a position that does not require operation of a motor vehicle or disciplined, up to and including termination. If an employee however, is not in violation of subsection (i)(3) of this Section but has a suspended license, that employee may be permitted to drive for work if a court grants driving privileges "for work purposes." If a court however, grants driving privileges limited strictly "to and from" work, the employee shall be deemed to be unable to meet a requirement of operation of a vehicle regardless of the reason for the license suspension.
(5) Operating a motor vehicle while under the influence. If the employee pleads guilty to or is convicted of the offense of operating a motor vehicle while under the influence, the employee shall be subject to disciplinary action, up to and including termination.
(6) Payment of tickets, fines and penalties. Any tickets, fines or penalties received by an employee while operating a County vehicle are solely the responsibility of the employee and shall be paid immediately. An employee who fails to pay a ticket, fine or penalty shall be subject to discipline, up to and including termination.
(j) Unacceptable Risk. If operation of a vehicle is required by the employee's position description, and the employee is in violation of subsection (i)(3) of this Section, unless stricter restrictions are required by the County's insurance policy/carrier, the employee shall be deemed an unacceptable risk. Any employee deemed an unacceptable risk under this Section shall not be permitted to operate a vehicle for County of Summit business and such employee shall be subject to disciplinary action, up to and including termination.
(k) Accidents. An employee operating a vehicle for County of Summit 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 and the Department of Law and Risk Management 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 Department of Law and Risk Management. 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 as provided in Section 169.28(h)(3)B. 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 County of Summit business are required to use the complete occupant restraint system provided in such vehicle.
(m) An employee who operates a personal vehicle for County of Summit business shall be entitled to mileage reimbursement if prior approval from the appointing authority has been obtained and upon submission of appropriate documentation. The rate of reimbursement shall be the standard mileage rate established by Section 169.30(e)(1).
(n) Use of County Fuel Card. Fuel cards may be assigned to a specific vehicle or employee for usage. Fuel cards are not to be used for personal use. Failure to comply shall result in disciplinary action, up to and including termination.
(Ord. 2006-088. Adopted 4-3-06; Ord. 2008-402. Adopted 10-20-2008; Ord. 2011-254. Adopted 6-20-11; Ord. 2011-380. Adopted 11-7-11; Ord. 2015-269. Adopted 8-31-15; Ord. 2018-236. Adopted 6-18-18; Ord. 2021-354. Adopted 11-22-21.)