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HomeMy WebLinkAboutCity Council - 4518 i RESOLUTION NO. 4518 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING A MEMORANDUM OF AGREE- MENT WITH THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION The City Council of the City of Huntington Beach resolves as follows : The Memorandum of Agreement between the City of Huntington Beach and the Huntington Beach Management Employees ' Organization, effective July 1, 1976, is hereby amended by establishing, pur- suant to Article IX thereof, the City of Huntington Beach Vehicle Use Policy, a copy of which is marked as Exhibit "B" of the said agreement and is by reference incorporated therein, and which policy is hereby ordered implemented in accordance with the terms of said policy. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 6th day of September, 1977. Mayor ATTEST : APPROVED AS TO FORM: City Clerk As is nt City A ney REVIEWED AND APPROVED: INIT ATED AND AP D: G City Administrator Director of Pers nel and Labor Relations VSA:ahb EXHIBIT "B" CITY OF HUNTINGTON BEACH VEHICLE USE POLICY f SECTION 1: PURPOSE The purpose of these regulations is to establish and implement City policies and procedures relative to the assignment, utili- zation and control of City-owned vehicles as transportation for employees while engaged in official City business, to establish reimbursement procedures for privately-owned vehicles used for City business and to clarify the City' s responsibility for damage and/or -liability for private vehicles used on official City business. ..COPS . C E SECTION �2. These regulations cover the use of City and private vehicles for conducting official City business and shall be applicable to all City departments and employees. 'i SECTION 3: POLICIES When necessary during the course of an employee 's official duties, transportation or reimbursement therefor shall be provided by the City. In the event no City vehicle is available, the employee may use his personal vehicle with the approval of his department head. Employees authorized to drive either their own P or a City-owned vehicle on official business must possess a valid California driver' s license for the class of vehicle they will be operating. The transportation method authorized will be determined in terms of the best interests of the City. The general program set forth in this regulation will be implemented by the City Administrator' s Office upon approval of the City Council and administered by the department heads in accordance with the policies herein established. It is the responsibility of each department head to enforce the provisions of this regulation as it relates to the employees of his/her department. City-owned vehicles shall only be used for official City business. City-owned vehicles shall not be driven to and kept at the employee' s home or any location other than the regular work location or Corporation Yard, except as provided by this regulation. SECTION 4 : VEHICLE USv CRITERIA I. Assigned Vehicles: A. Assigned City Vehicles may be taken home by employees whose residence is within ten (10) miles of City Hall for the uses as described below: -1- 1. Executive use includes the City Administrator, Assistant City Administrator and Department Heads. 2. Emergency Response Units: a. Employees who are required to respond more than once per week on an average without delay in order to protect the public health, safety and property. b. Employees who are required to carry special emergency equipment in their vehicles which must be utilized on a regular and frequent basis. (A radio in and of itself does not constitute special emergency equipment. ) 3. Continuous use outside of regular working hours: Employees who are called back on an unscheduled basis to perform official city business outside of regular working hours more than once per week on an average and who meet one of the following. criteria a, Mileage driven on official City business exceeds an average of 500 miles per month, or b. Who regularly and frequently supervises subordinates or conducts inspections in the field, or c. Whose duties require the employee to be away from his or her base work station greater than 50% of his or her working time, on an average. B. City vehicles which shall not be taken home may be assigned based on meeting one of the following criteria: 1. ' Monthly mileage driven exceeds an average of 500 miles per month and the vehicle is used for the purpose of supervision or inspection in the field, or 2. Duties require the employee to be away from his or her work station greater than 50% of his or the-nr- working time on an average. IZ . Pool Vehicles A. Pool Vehicles will be available for employees who require transportation to perform official city business but do not meet the criteria for a permanently assigned city vehicle. Pool vehicles shall be used only upon written authorization of the employee' s department head. -2- B. The city shall maintainea vehicle pool in accordance with the following: 1. All vehicles shall be maintained in a clean and safe manner under the direction of the City Administrator. Additionally, an annual review will be made by the City Administrator in February of each year to determine the continuing suitability with respect to cleanliness and safety. 2. The City Administrator shall assign responsibility for the maintenance of the necessary records with respect to check in, check out, general purpose of use and other relevant matters related to the use of pool vehicles. III. Reimbursement for Use of Personal Vehicles A. Executive Use. The City Administrator, Assistant City Administrator and Department Heads may, at their option, receive the automobile allowance as established by Resolution. B. Mileage Reimbursement. Employees, upon authorization of their department head, may use their own vehicles on official city business and shall be reimbursed at the rate of 16C per mile driven on official city business. 1. Employees shall submit monthly claims for reimbursement to the Finance Director through their Department Head on forms prescribed by the Finance Director. 2. Employees shall not be reimbursed for commuting to and from work, except that employees who are required to attend scheduled meetings outside of normal working hours may be reimbursed for mileage required. SECTION 5: VEHICLE USE COMMITTEE The Vehicle Use Committee shall be established concurrent with City Council approval of this Policy. The Committee shall perform the following functions: A. Review and recommend with respect to all initial vehicle assignments classified under the major category of assigned. This recommendation may cause removal of vehicle privileges from some individuals who do not meet the criteria as outlined in Section 4 . B. Review and recommend with `respect to on-going and new vehicle assignments in accordance with the criteria set forth in Section 4. C. Inspect Pool Vehicles for compliance with cleanliness and safety as outlined in Section 4. D. With respect to recommendations regarding capital outlay of funds, the committee shall make recommendations for same to the City Administrator for further budgetary consideration. The committe shall be comprised of the following members: A. General Committee (assignment review) One Personnel Department representative One Employee Association representative , The concerned or appropriate Department Head B. Inspection Committee One Personnel Department representative One Employee Association representative as appropriate, the Mechanical Maintenance Supervisor. Votes shall be assigned to members of the General Committee as follows: one vote for each of the three members of the committee SECTION 6: VEHICLE ASSIGNMENT REVIEW During the month of February of each year, departments which have assigned City-owned vehicles to employees shall review such assignments. A report of these assignments will be prepared containing the following information: -Department and division -Employee name and classification -Employee address and telephone number Justification for assignment Justification for driving vehicle home (if applicable) -Average monthly business mileage -4- r Average monthly personal mileage (includes mileage to and from home) -Radio equipped (yes or no) -Special Emergency Equipment This report will be forwarded to the Vehicle Use Committee prior to March 1 of each year. SECTION 7 : INSURANCE REQUIREMENTS All privately-owned vehicles authorized to be used on official City business shall be .insured by the individual employee in the minimum amount of $50, 000 public liability for any one person and $100,000 public liability for all persons, any one accident. They must also be insured for $25, 000 property damage and $15 , 000 for any one uninsured motorist and $30, 000 for all uninsured motorists any one accident. A current certificate of insurance must be filed with the Finance Director. Employee private vehicle information shall be reviewed and updated annually by the respective departments. The record maintained shall contain the following current information. -Name of employee -Operator's license number -Insurance company Driver' s license expiration date -Insurance policy No. -Insurance expiration date -Amount of coverage It shall be the department head' s responsibility to insure that no privately-owned vehicle is operated on City business without insurance coverage and a valid operator' s license as required by this regulation. Clarification on City Liability on Use of Private Vehicle In the event of damage to private vehicles while on City business where a third party is negligent, the employee should collect damages (including insurance deductibles) from the third party. Where the employee is negligent, the City cannot be held liable for damages to his automobile, but the City can be held responsible for liability to third parties, The City shall be responsible to such employee for the first $100 of comprehensive and/or collision damages suffered by such employee to the extent that such employee ' s personal automobile insurance policy does not cover sucn first $100 damage. The employee' s insurance policy is considered as the primary coverage, and the City liability begins after the limitations of the employee' s coverage is exhausted. In the event a City employee' s personal vehicle is damaged due to accident/collision while being used for official City business and the employee is deprived the use thereof, the City shall furnish such employee with a vehicle during such time as is reasonably required to repair said employee ' s vehicle. Res. No. 4518 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) as: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 6th day of September , 19 77 by the following vote: AYES: Councilmen: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: Councilmen: None ABSENT: Councilmen: Shenkman City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California