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G-04-12-16-13C2 - 12/16/2004ORDINANCE NO. 9 - 04 4p — % 3 C Z AN ORDINANCE AMENDING SECTION 7.05.01 OFFICIAL USE OF CITY VEHICLES, SECTION 7.05.02 USE OF CITY VEHICLE - COMMUTING, AND SECTION 7.06 SAFE DRIVING AND ROAD SAFETY, OF THE HUMAN RESOURCES POLICIES AND PROCEDURES MANUAL; AND PROVIDING FOR A SAVINGS CLAUSE AND REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: I. That Sections 7.05.01, 7.05.02, and 7.06 of the Human Resources Policies and Procedures Manual of the City of Round Rock, Texas, is hereby amended to read as follows: 7.05.01 OFFICIAL USE OF CITY VEHICLES PURPOSE To provide guidelines related to safe vehicle operations and practices while on official business for the City of Round Rock. POLICY Employees are required to observe applicable state and local laws as well as City policies while operating City owned vehicles or their own personal vehicle when conducting City business. Employees are expected to comply with rules governing safe vehicle operations and practices in order to prevent accidents that can cause harm to people and property. DEFINITION Official business is defined as all work performed by employees for City directed purposes. ASSIGNMENT OF City vehicles will be assigned to individual employees for official business CITY VEHICLES after a comprehensive assessment is made by the Department Director or designee to determine if a need exists. Vehicle assignment shall be evaluated based on department provided services, special/critical needs, special skills, and other service related factors. Supervisors and designated employee must review City and Department policy regarding the use and care of City property and equipment, expected performance, and ethical practices prior to the assignment of City vehicle. @PFDeSktop\::ODMA/WORLDOX/O:/WDOX/ORDINANC/041216C2.WPD/SC1 Supervisors must ensure that this policy is reviewed and clearly understood by the designated employee. USE OF CITY City owned vehicles shall only be used for official City business or as VEHICLES allowed herein, including travel between an authorized employee's residence, travel to a work or storage location, and directed/scheduled and authorized City business-related functions outside of City limits. City owned vehicles shall not be used for personal business during the workday outside of City limits. Employees shall not use City vehicles for the sole purpose of obtaining meals outside of the City limits. Examples of authorized travel in a City vehicle outside of City limits may include: Local conventions and/or conferences which relate directly to work performed for the City; and, Training that directly relates to an employees job requirements or skills. All travel outside of 35 miles of the Round Rock City limits must be approved by the Department Director/division Manager MAINTENANCE OF Employees who operate City vehicles are responsible for maintaining VEHICLES maintenance logs and for reporting any defect(s) in the mechanical equipment to the Vehicle Maintenance Facility. Employees may be held financially responsible for the misuse, loss, deterioration, and destruction of City property and equipment. TRANSPORTING Employees operating City vehicles shall not transport individuals who are UNAUTHORIZED not in an official City capacity except as provided for under Section PERSONS 7.05.02, Use of City Vehicles - Commuting. Police and Fire Vehicles used in an official on -duty capacity are the only exceptions to this policy. EMPLOYEES WHO Employees who drive personal cars on City business must provide proof DRIVE PERSONAL of personally purchased liability insurance to Human Resources. The CARS ON CITY liability insurance policy amounts must be in accordance with state BUSINESS statutes. Risk Management may be contacted for clarification and/or assistance. At no time shall an employee operate his/her personal car on City business when there is not in effect a liability insurance policy in the amount provided by law to insure against potential damage or loss arising from the operation of that vehicle. DRIVING RECORD Candidates applying for positions that require driving of City vehicles VERIFICATION must complete and sign DPS form DR -1, Application for Copy of Driver Record authorizing Human Resources to obtain a copy of the record. Drivers must meet current City auto liability insurance requirements. Every two years Human Resources will require an updated driving record for all current employees who operate city owned vehicles or their personal vehicles for city business. Failure to provide the City with the authority to obtain a certified copy of a driving record upon request or to 2 provide a certified copy of a driving record upon request by Human Resources may result in immediate suspension of the employee's privilege to operate a City owned vehicle or the employee's personal vehicle on City business and other disciplinary action up to and including termination. LEGAL ACTIONS Employees who drive a City -owned vehicle or who drive their own vehicles on City business must notify their supervisor immediately of: • Any and all traffic infractions and accidents for which they are ticketed during working or non -working hours; • Any and all traffic infractions for which they are convicted, or plead guilty or no contest; • Any change in driver's license status, including suspension, revocation, or restriction; and, (1) Any lapse, change or termination of automobile insurance coverage (personal vehicles only). Supervisors must then report the information to Human Resources. Violations may result in the immediate suspension of the employee's privilege to operate a City owned vehicle or the employee's personal vehicle on City business. Additionally, the employee may be subject to removal/release from a driving position/duty and/or disciplinary action up to and including termination. VEHICLE Employees who are involved in a motor vehicle collision that results in ACCIDENTS AND any injuries, damage to any vehicle or any property while using a City DAMAGE vehicle or their personal vehicle on City business will immediately contact the Round Rock PD or the locally applicable law enforcement agency, if outside the City limits. The employee shall then contact his/her immediate supervisor who may contact Risk Management for support and guidance as necessary. ENFORCEMENT Traffic violations, accidents, Penal Code violations, or other evidence of improper conduct involving the operation of motor vehicles may result in disciplinary action up to and including termination. 5.10 Use and Care of City Property and Equipment RELATED 7.05.02 Use of City Vehicles - Commuting POLICIES 7.06 Safe Driving and Road safety 7.07 Reporting and Recording Accidents and Incidents EFFECTIVE DATE December 16, 2004 3 7.05.02 USE OF CITY VEHICLES - COMMUTING PURPOSE To provide guidelines related to the authorized use of City vehicles for commuting to and from the workplace. POLICY Only authorized employees shall use a City vehicle to commute to and from the work place. DEFINITIONS Authorized Employees are employees designated by their Department Director to use a City vehicle to commute to and from the work place. Such authorizations shall be limited to: • Designated field supervisors who are required to respond in person and in an urgent or time sensitive manner to emergencies that arise after normal business hours; • Police Officers residing within mileage limitations; and • Designated Department Directors Additionally, when a work assignment places employees in the following status an assigned City vehicle may be used to commute to and from the work place. Employees on assigned on-call status residing within mileage limitations; Designated employees who are scheduled to work special events or assignments that may require other than normal business hours, or who are scheduled to work in anticipation of forecasted natural occurrences such as inclement weather; Work Place is the City Department or work location to which an employee is assigned. USE OF CITY Authorized employees shall reside within 25 miles of the VEHICLES FOR intersection of US 79 and Mays Street. COMMUTING Authorized employees must exercise discretion and good judgment when stopping for personal business while commuting to and from the workplace and during lunch hours. Employees shall not use City vehicles for the sole purpose of obtaining meals outside of the City limits. With appropriate written authorization from the Department Director, use of City vehicles to transport family members to and from school or work is allowed only if the school/work destination is within a reasonably acceptable distance, travel direction and route to and from work. All written authorization must be forwarded to Human Resources. Any deviation from the expected route must be reported, evaluated, and authorized by the Department Director. The Safety/Risk Manager shall be notified promptly of any decision involving unusual circumstances. 4 City vehicles are generally covered under the City's auto physical damage coverage. Except as provided by law, City employees are covered under the Workers Compensation Policy in the event of an accident that occurs while within the course and scope of their duties. Examples of travel in which workers compensation benefits may apply to employees include: • An employee who is on call and is traveling to and from work in an official capacity in response to the on-call emergency; An employee who is not on call and is traveling to and from work as requested by his/her supervisor to respond to an emergency in an official capacity for the City; and, A police officer who responds in an official capacity to an incident or assistance call during their commute to work for a scheduled shift. Examples of travel in which worker's compensation benefits may not apply to employees traveling in a City vehicle include: • An employee traveling to and from work for his/her normally scheduled duties; and, • A police officer who is traveling home after his/her scheduled shift is completed. All affected employees must sign a statement that this policy and operating procedures related to this policy have been explained to them, and that they understand said policies and procedures. Each department is required to maintain a current list of authorized employees who commute in City vehicles. All authorized commuting employees must submit a Quarterly Vehicle Usage Reportto the Human Resources Department. TAX REQUIREMENT The federal tax code requires employers who allow employees to use FOR USE OF CITY vehicles for personal use, including commuting to and from work, to VEHICLE include the fringe benefit value of that use as compensation to the employee. All compensation is subject to federal withholding and social security taxes. The value of a commute is computed at $3.00 per day. It is the employee's responsibility to fill out the Vehicle Usage Monthly Report and turn it in to his/her supervisor for proper reporting. However, some vehicles and their use are classified as "qualified non -personal use," causing 100% of the value of that use to be excluded from the employee's income. Examples of qualified non -personal use vehicles follow: f1) Clearly Marked Police and Fire Vehicles- The City prohibits any personal use other than outlined in this policy. 5 Unmarked Law Enforcement Vehicles- Personal use must be authorized and must be necessary to help enforce the law, such as being able to report directly from home to a stakeout or to an emergency. Use of an unmarked vehicle for vacation or recreational trips does not qualify as an authorized use. Utility Vehicles- Pickup trucks or vans are not considered qualified non - personal use vehicles unless they have been clearly marked and specially modified with items such as light bars or permanent, side -mounted utility consoles or, in the case of vans, permanently mounted shelving taking up the entire cargo area. Employees using these vehicles must be using the vehicle for a specific duration and intent, such as being on-call, or in anticipation of a likely emergency. The Internal Revenue Service (IRS) may apply a more stringent interpretation. ENFORCEMENT Violations of any of this policy and other provisions related to the use of City vehicles may result in loss of vehicle use privilege and disciplinary actions, up to and including termination and possible prosecution. Loss of vehicle use privilege does not exempt employee from responding to emergencies, assigned on-call duties or from otherwise executing assigned job duties. RELATED POLICIES 5.10 Use and Care of City Property and Equipment 7.05.01 Official Use of City Vehicles 7.06 Safe Driving and Road safety 7.07 Reporting and Recording Accidents and Incidents Administrative Directive — Use of City Vehicles - Commuting EFFECTIVE DATE March 1, 2005 F1 7.06 SAFE DRIVING AND ROAD SAFETY PURPOSE To establish driver safety policies to manage the risks posed by on the job traffic accidents, which include employees and third -party injuries, vehicle repair and replacement costs, and workers compensation costs. POLICY All designated Cityvehicle operators and mobile equipment operators must observe applicable local, state, and federal laws while operating a City vehicle or equipment to ensure compliance and to prevent accidents, which can cause harm and/or damage to people and/or property. The City is committed to ensuring that drivers of City vehicles and mobile equipment operators are fit for the course and scope of their driving duties. It is also committed to ensuring that all vehicles and mobile equipment are maintained and used appropriately to the highest standards, and that work practices are so designed to ensure the safety of all operators, pedestrians, and other affected individuals and property. PROCEDURES Supervisors must review this policy and Operating Procedures related to this policy with new employees prior to allowing the employee to operate any City vehicle and/or equipment. New employees operating City vehicles and/or equipment must sign a statement that the Operating Procedures related to this policy have been provided to them. These procedures can be found in the following: A. Guidelines for Operating a City Vehicle B. General Equipment Safety Guidelines C. Earthmoving Equipment Use D. Lifting and Hauling Equipment The required review and signed statement must be provided prior to the ENFORCEMENT employee operating City vehicles and/or equipment. Employees who fail to comply with this policy are subject to disciplinary action, up to and including termination. RELATED POLICIES 7.01 Safe Work Environment 7.03 Fitness for Duty 7.05.01 Official Use of City Vehicles 7.05.02 Use of City Vehicles - Commuting EFFECTIVE DATE December 16, 2004 7 A. All ordinances, parts of ordinances, or resolutions in conflict herewith are expressly repealed. B. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provisions thereof. C. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Ordinance was adopted was posted and that such meeting was open to the public as required by law at all times during which this Ordinance and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. Alternative 1. By motion duly made, seconded and passed with an affirmative vote of all the Council members present, the requirement for reading this ordinance on two separate days was dispensed with. th READ, PASSED, and ADOPTED on first reading this _ day of 2004. Alternative 2. READ and APPROVED on first reading this the day of 2004. READ, APPROVED and ADOPTED on second reading this the day of , 2004. 8 MAXWEBL', Mayor of Round Rock, Texas ATTEST: amkt��)e- nwt.' CHRISTINE R. MARTINEZ, City Secretar DATE: December 9, 2004 SUBJECT: City Council Meeting - December 16, 2004 ITEM: 13.C.2. Consider an ordinance amending Sections 7.05.01 Official Use of City Vehicles, 7.05.02 Use of City Vehicle - Commuting, and 7.06 Safe Driving and Road Safety, of the Human Resources Policies and Procedures Manual. (First Reading) Department: Human Resources Staff Person:. Teresa S. Bledsoe, Director Justification: These revisions provide policies that are consistent with the best practices. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: The City has experienced significant increases in fuel and vehicle maintenance costs in recent years. Staff is always looking for ways to limit the City's exposure to the rising costs of insurance claims and lawsuits. A group of department directors began meeting in January to review the City's policy on employees using City vehicles to commute to and from work. This group developed policy recommendations and criteria for commuting in a city owned vehicle. The criteria is based on call out frequency as well as the time sensitive nature of getting personnel and equipment to a scene. The application of the criteria significantly reduces the number of City vehicles that are used for commuting by employees. This reduction reduces our risk and exposure to accidents, injuries and incidents. Public Comment: N/A