107.06 TRAFFIC DISCIPLINARY COMMITTEE.

   (a)   The City shall have a Traffic Disciplinary Committee made up of the following personnel: the Commissioner of Engineering or his designee, the Police Chief or his designee and the Law Director or his designee. Any of the foregoing will be recused from serving on the Committee during disciplinary hearings involving employees of their respective departments and a department head from another department will substitute for the recused Committee member.

   (b)   The Police Department shall investigate each accident involving an employee driven City vehicle and submit their report to Risk Management. If Risk Management determines that there is a likelihood the City employee was at fault or violated any policy contained herein, Risk Management shall submit their findings and evaluation to the Traffic Disciplinary Committee. The Traffic Disciplinary Committee shall notify the employee, the employee’s department head and Risk Management of the time and date that a hearing will be held in accordance with the law. The employee and/or his representative will have the opportunity to appear and be heard in response to the alleged violations.

   (c)   The Traffic Disciplinary Committee will submit recommendations for discipline to the Mayor or the employee’s department head, so that the department head (in conjunction with the Mayor) may issue appropriate disciplinary action.

   (d)   A “high risk driver” is one who:

      (1)   Has been convicted of an alcohol and/or drug related offense, within the last twelve (12) months.

      (2)   Has refused to submit to a Blood Alcohol Content (BAC) test, within the last twelve (12) months.

      (3)   Has been convicted of reckless operation of a motor vehicle, within the last twelve (12) months.

      (4)   Has a combination of two or more moving violations or chargeable (at fault) accidents within the last twelve (12) months.

      (5)   Had his/her license suspended, revoked or subjected to administrative restriction within the last three (3) years.

      (6)   Has left the scene of an accident within the last three (3) years.

      (7)   Was at fault in an accident resulting in a fatality within the past three (3) years.

      (8)   Has engaged in conduct which evidences a disregard for the safety of himself/herself or others while operating a motor vehicle as determined by the Traffic Disciplinary Committee.

      (9)   Has two or more physical damage claims in a twelve (12) month period.

      (10)   Has tested positive on an employment-related reasonable suspicion, random or post-accident drug or alcohol test.

   (e)   Upon a conditional offer of employment or prior to transfer to employment requiring operation of a City vehicle, and at least once annually for current employees, Risk Management will obtain, review and evaluate Bureau of Motor Vehicle driving abstracts of drivers or potential drivers of City Vehicles.

   (f)   Anyone hired for employment that requires driving a City vehicle whose driving abstract meets the definition of “high risk” driver outlined above, shall be referred to the Traffic Disciplinary Committee for action consistent with this section.

   (g)   Driving abstracts of current employees which indicate that an employee is a “high risk driver” will be forwarded by Risk to the Traffic Disciplinary Committee for action.

   (h)   Department heads having knowledge of conduct by an employee which evidences a disregard for safety while operating a City vehicle shall notify Risk Management. Risk Management will consult with the supervisor and, if appropriate, refer a summary of the facts as known to the Traffic Disciplinary Committee for action.

   (i)   The Traffic Disciplinary Committee shall review all matters referred to it by Risk Management, shall conduct hearings to determine if an employee should be designated as “high risk” and shall make recommendations to the Mayor, Risk Management and department heads for preventive action to take concerning “high risk” drivers. The recommendations may include, but are not limited to: placing “high risk” drivers on a probationary status, suspension or restriction of driving privileges for City vehicles, referral to treatment programs, requirement of additional driver’s training, requirement of substance abuse testing or treatment.

   (j)   The employee and/or his representative shall have notice of and the opportunity to appear and be heard at hearings before the Traffic Disciplinary Committee.

(Ord. 02-176. Passed 6-5-02.)