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R-2013-190 2013-11-11RESOLUTION NO. R2013-190 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING THE CITY'S EMPLOYEE HANDBOOK. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That the City Council hereby amends the City's Employee Handbook in accordance with Exhibit "A" attached hereto. PASSED, APPROVED, AND ADOPTED this 11th day of November, A.D., 2013. ATTEST: APPROVED AS TO FORM: • DARRIN M. COKER CITY ATTORNEY 011) R42 - TOM REID MAYOR RESOLUTION NO. R2013-190 Exhibit "A" CITY OF PEARLAND EMPLOYEE MANUAL Chapter 3 - Conduct 3.07 — Use of City Vehicles and Property The City shall provide employees adequate tools, equipment, facilities, and vehicles, when the employee's job requires the use of such. The City requires all employees to observe safe work practices and lawful, careful, and courteous operation of vehicles and equipment. The City will not hire an individual in violation of the City's driving record policy, if that individual's job would require them to drive City-owned/leased vehicles/equipment. An employee in a position that requires them to drive a City-owned/leased vehicle/equipment must maintain an acceptable driving record. A. City Take Home Vehicles 1. Definitions a. City Vehicle is any vehicle owned, rented or leased by the City. b. De Minimis means a minimal amount of personal use of City -owned vehicles, as defined by the Internal Revenue Service (IRS) regulations. c. Marked Vehicle is a City -owned vehicle which is clearly identified for use in City operations and business. d. Police Home Fleet is a program that authorizes eligible Police uniformed officers to take vehicles home in order to increase presence in the Community. e. Take Home Vehicle is a City -owned vehicle which is assigned to a specific position with take-home responsibilities. f. Unmarked Vehicle is a City -owned vehicle which is not easily identified as used by a City employee. Examples of such vehicles would be those used in fire and police criminal investigation and detective personnel. g. Vehicle is any self-propelled equipment, trailer or trailer -mounted equipment, which is towed by a self-propelled piece of equipment, which may be marked or unmarked with City identification, and/or licensed for use on public roadways. 2. Assignment of Take Home Vehicle A take home vehicle may be assigned by the City Manager to positions for any of the following reasons: November 11, 2013 Page 1 of 8 Section 3.07 a. When taking home a City -owned vehicle serves a valid public purpose. b. When the employee responds to frequent emergency calls from home or is on call-back or standby status. c. When the responsibilities of the position require that the person be available to respond to situations with the necessary specialized equipment and/or skill that requires the City vehicle for transportation. The assignment of a City vehicle belongs with the position and NOT with the individual employee. 3. Take Home Vehicle Authorization The assignment of City take home vehicles with the exception of Police Home Fleet shall require the approval, in writing, of the City Manager. If a vehicle is assigned pursuant to this policy, only the employee who was granted approval is authorized to operate the vehicle. a. All employees that are assigned a Police Home Fleet vehicle must live within the City limits of Pearland, or within its Extra -Territorial Jurisdiction. b. With the exceptions of vehicles in the Police Home Fleet Program, and supervisory personnel and employees who are subject to call backs after normal working hours who were granted approval to take home vehicles prior to passage of this policy, the City reserves the right to review the continuing need for any vehicle assignment and withdraw or reassign such vehicle at any time. Those Supervisory Employees and employees subject to call backs after normal working hours who were granted approval to take home a vehicle prior to the passage of this policy will retain their take-home vehicle privilege unless the employee "totals" the vehicle in an accident for which he or she was at fault. In the event that a take home vehicle for a supervisory employee or employee subject to call back after normal hours that was assigned to the employee prior to passage of this policy is retired from the fleet due to age or normal "wear and tear" the City will replace the vehicle and the employee will retain his or her authority to take the vehicle to and from work. c. All Police officers with five years of service as a Police Officer in the Pearland Police Department are eligible to receive a take home vehicle, subject only to provisions regarding place of residence as specified in Chapter 3.07 A. 3 a. of this policy. d. Persons who were assigned a Police Home Fleet vehicle prior to passage of this policy, and who do not meet the residence requirements of Section 3.07 A. 3 a. will be allowed to continue use of the vehicle unless the employee "totals" the vehicle in an accident for which the employee was at fault. In the event of such an accident that "totals" the vehicle the employee forfeits the privilege of being assigned a Home Fleet vehicle. In November 11, 2013 Page 2 of 8 Section 3.07 the event that the vehicle must be replaced due to normal "wear and tear" the vehicle will be replaced and the employee will be allowed to continue in the Police Fleet Program. e. Supervisory personnel and employees who are subject to call backs after normal work hours may be assigned a vehicle that may be utilized by the employee to go to and from work. There are no restrictions in these cases with regard to the employee's place of residence. f. City vehicle usage will not be negotiated as part of an employment package without prior approval from the City Manager. 4. Use of Take Home Vehicles Authorized personnel who utilize take home City vehicles will adhere to good stewardship practices and common sense pertaining to responsible use of the vehicles. Employees who use take home vehicles must adhere to the following general rules: a. Employees are prohibited from transporting non -City business related persons in any City take home vehicle (i.e. spouses and children) unless prior approval is received from the employee's department head, or in the case of a department head, from the City Manager (Ex. If the employee is attending a conference out of town and taking their spouse, they may take their personal vehicle and the City will pay the employee's mileage.). In order to minimize potential theft or damage of property, take home cars should be parked in a drive -way, not on the street. b. In no case shall a City vehicle be used in the conduct of purchasing, transporting, or consumption of alcohol, unless in the course of any investigation that involves alcohol. c. Smoking/tobacco use of any kind is not allowed in City vehicles. d. Aside from providing services and conducting business, take home vehicles may be used for commuting and de minimus personal errands during workdays, pursuant to IRS regulations. An employee may utilize their vehicle for lunch and/or break time purposes during workdays as long as it is within reasonable distance from the employee's place of work that day. These regulations may be amended by the IRS from time to time. The IRS considers personal use of an employer's vehicle, which includes the commute between home and workplace, to be a taxable fringe benefit. The only definite exceptions to this rule are clearly marked police or fire vehicles, unmarked police cars (if they meet certain requirements), ambulances, and certain large trucks. In order to comply with IRS regulations, any City employee who drives a City -owned vehicle to and from his home, either on a regular basis or sporadically, must report his mileage to Finance on a monthly basis, on an official form designed by the Finance Department. An employee has one (1) of two (2) options for compliance: November 11, 2013 Page 3 of 8 Section 3.07 i. Pay the City an amount determined by the IRS (i.e. $3.00 per day) through payroll deduction for the vehicle commute, or ii. The deduction amount will be added to the employee's W-2 for taxable wages. The IRS valuation for a commute to and from work is subject to change; however, an employee who is authorized by the City Manager to operate a City vehicle for personal usage beyond the commute to and from work shall report on the official form (designed by the Finance Department) their exact mileage for personal usage. In the absence of documentation, a determination may be made by the Director of Finance to consider all usage as personal and include the value (as determined by IRS valuation rules) in the employee's wages. It is the Department Director's/Division Manager's responsibility to ensure that the Finance Department is notified of all employees using City -owned vehicles for personal use and that the employee is properly reporting his personal usage in a timely manner. B. City Vehicle Requirements 1. Only City employees are permitted to operate City -owned vehicles. The only exception permitted is the operation of a vehicle by an employee of a firm performing repair work on a vehicle or approved members of the Emergency Medical Services and/or Fire Departments, authorized Citizens Police Academy members and Eyes of Pearland Members. (NOTE: If the employee is attending a conference out of town and taking their spouse, they may take their personal vehicle and the City will pay the employee's mileage.) 2. Employees may not drive vehicles for City business without the prior approval of their Department Director/Division Manager. Before approving a driver, the Department Director/Division Manager, or their designee, must request the Human Resources Department to check the employee's driving record, verify the existence of a valid driver's license, and personal auto liability insurance coverage, and make certain that the employee is eligible for coverage under the City's insurance. 3. Employees whose jobs require regular driving for business as a condition of employment must be able to meet the driver approval standard of this policy at all times. An offense certain to result in the employee's disqualification from coverage is a conviction for driving while under the influence of alcohol or drugs. In addition, employees holding those jobs must inform their supervisors, Human Resources and Finance of any changes that may affect their ability to meet the standards of this policy. November 11, 2013 Page 4 of 8 Section 3.07 4. A City employee who drives a City vehicle, or who may drive a privately owned vehicle while carrying out job duties, must maintain a valid Texas Driver's license and an acceptable driving record as determined by the City. Employees who lose their licenses or experience a change in their license must report this to their supervisor and Human Resources. 5. Employees may use their own vehicles for business purposes, with the approval of their Department Director/Division Manager, and may claim reimbursement for mileage, parking fees, and tolls actually incurred. Drivers using their own vehicles on City business must make sure that the vehicle meets any City or legal standard for insurance, maintenance, and safety. 6. City vehicles will be assigned to those departments that have demonstrated a continuing need for them. Employees who receive prior approval from their supervisors may rent an economy (or similar size) car when traveling out of town on City business, when justified that a City vehicle is not available. 7. Failure by an employee to maintain a driving record satisfactorily to the standards established in this policy will be deemed in violation of this standard, and will subject the employee to discipline up to and including termination of employment. All penalties and/or fines imposed as a result of an "at -fault" traffic offense occurring during work shall be the responsibility of the employee. Employees must report all occurrences to their supervisor and Finance within twenty-four (24) hours of occurrence. 8. Temporary employees or employees contracted by an outside agency are not allowed to drive a City vehicle. 9. Driving records of employees who operate City vehicles and/or whose position requires driving for City -related business will be examined on an annual basis by Human Resources. It is the employee's responsibility to report all citations received on or off the job to his/her supervisor and to Human Resources. 10. Employees whose positions require the operation of a motor vehicle, must, in addition to meeting the approval requirements above, exercise due diligence to drive safely, wear seat belts, and follow all traffic laws, to avoid distractions while driving, such as using a cellular telephone without a hands-free attachment, and maintain the security of the vehicle and its contents. Employees who engage in improper driving practices are to be immediately reported to the Department Director/Division Manager for appropriate disciplinary action. When employees receive toll fines, the employee will be responsible for that fine. The only exception to this will be in the event of an emergency when Fire or Police receive a toll fine. All employees are expected to obey all traffic laws/rules. If an employee receives a traffic citation (i.e. speeding, parking, and the like) while operating a City -owned vehicle, even during working hours, the citation fees/costs shall be the responsibility of the employee. November 11, 2013 Page 5 of 8 Section 3.07 11. Employees are not permitted, under any circumstances, to operate a City vehicle, or a personal vehicle for City business, when the employee cannot drive safely. This prohibition includes circumstances in which the employee is temporarily unable to operate a vehicle safely or legally because of illness, medication, or intoxication. 12. Employees who will be absent from their normal work for a period of five (5) working days shall park their assigned unit at the City facility to which the vehicle is assigned. 13. Employees shall not operate any City vehicle while on leave due to illness, injury, or a medical condition, light duty, or other restricted duty, unless approved by the attending physician's restrictions. 14. The City Manager may approve some employees who use their personal vehicles for approved business purposes to receive a car allowance. This allowance is to compensate for the cost of gasoline, oil, depreciation, and insurance. In addition to the monthly car allowance, the City will pay the reduced IRS mileage rate for mileage exceeding 200 miles round trip. Mileage under 200 miles round trip, will not be reimbursed as it is included in the car allowance. Every employee who receives a car allowance will carry his/her own liability insurance and furnish the City's Human Resources Department with a certificate from the insurance company stating that they have basic limits of liability required by the State of Texas. In case of an accident, while driving a City vehicle or using a non -City -owned vehicle on City business, the employee shall immediately call the police, or law enforcement agency in the jurisdiction, and his/her supervisor. The employee should not leave the scene of the accident, unless required to do so because of injury, until after the police investigation is completed. In case of an accident while driving a City vehicle contrary to City policy, the City will file any damages on the employee's personal insurance and they shall be disciplined up to and including termination. C. Maintenance and Reporting 1. It is the direct responsibility of the employee to ensure the vehicle is in full operational condition before and after each use. Furthermore, the employee will properly notify his/her supervisor of any exceptions to the condition of the vehicle in accordance with departmental rules. Employees who operate City vehicles are responsible for maintaining weekly maintenance logs and for reporting any defect(s) in the mechanical equipment to the City Shop. Any vehicle found to be unsafe will be removed from the operational fleet until necessary repairs are made. November 11, 2013 Page 6 of 8 Section 3.07 2. The Fleet Department is responsible for scheduling periodic maintenance and servicing of all City vehicles. Further, prior to the purchase or replacement of a vehicle, the specifications and request shall be reviewed and approved by the Fleet Department Superintendent. 3. It is the employee's responsibility to keep their assigned City vehicle clean (inside and out), either by washing the vehicle at home, or by using the City's car wash facility. Occasionally an employee may choose to use a car wash/detailing vendor. In this event, the City will pay up to a maximum of four (4) car washes per fiscal year. 4. If an employee leaves the employment of the City and the assigned vehicle to that employee is found to be in need of major cleaning prior to being reassigned, and if the vehicle cannot be cleaned at the City's facility, the department may request to take the vehicle for a detailed cleaning. In this unusual circumstance, the department must fund the expense within their existing budget. 5. Employees must report any accident, theft, damage, breakdown, or mechanical problem involving a City vehicle or a personal vehicle used on City business to their supervisor and the Finance Department, regardless of the extent of damage or lack of injuries. These reports must be made as soon as possible but no later than twenty-four (24) hours after the incident. Employees are expected to cooperate fully with authorities in the event of an accident however it is not appropriate to make any statements other than in reply to questions of investigating officers. 6. If an employee is in doubt about a circumstance related to his/her use of a City vehicle or any other piece of equipment, supplies, tool, or materials purchased with taxpayer funds, the employee must check with his/her supervisor before proceeding with the use of that vehicle/equipment. Violations of any of the provisions related to the use of City vehicle/equipment will result in disciplinary actions, up to and including termination and possible prosecution. D. Equipment 1. The City may issue various types of equipment and other property to employee, (e.g. credit cards, keys, tools, computers, etc.) This equipment and property are for use while on City business only, unless otherwise approved by City Council or the City Manager. Employees are responsible for items issued to them by the City, as well as for items otherwise in their possession or control or used by them in the performance of their duties. It is expected that employees will follow the policies set out relating to the use of City property at all times. 2. It is the employee's responsibility to ensure any equipment issued to them is properly maintained. If repair is warranted the employee is to contact their November 11, 2013 Page 7 of 8 Section 3.07 supervisor and take the necessary steps to have the property repaired. Failure to properly maintain equipment will lead to disciplinary action up to and including termination of employment. All equipment is to be accounted for in a manner that befits normal use and storage, such as inventories, engraving, and the like. For items valued in excess of $500, excluding automobiles, a departmental representative should be contacted to take digital photographs for the files. 3. Missing equipment will be reported to the Pearland Police department and a police report filed with a phone call to and subsequent copy of the police report forwarded to the Finance department. Note: The Pearland Police department will conduct an independent inquiry into the matter. At no time shall a supervisor nor any member of City Management take any action in the matter without advice and approval of the City Manager and/or the Director of Human Resources. 4. The use of all tobacco products, including smokeless, is prohibited while operating and/or being a passenger in City owned/leased equipment. At no time may an employee under the influence of any alcohoUdrug/medication drive City equipment. 5. Operators of all motorized equipment used in the service of the City who become involved in any accident may be subject to disciplinary action up to and including termination of employment if upon investigation, it is determined that the employee is responsible for such action or through carelessness or recklessness contributed to the cause of such accident. November 11, 2013 Page 8 of 8 Section 3.07