Alameda County Municipal Code Ch. 3.32 Use of County-Owned Vehicles

Footnotes:

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Editor's note— Ord. No. 2011-20, § 1, adopted May 20, 2011, in effect repealed the former Chapter 3.32, §§ 3.32.010—3.32.150, and §§ 1 and 2 of Ord. No. 2011-20 enacted a new Chapter 3.32 as set out herein. The former Chapter 3.32 pertained to similar subject matter and derived from prior admin. code §§ 2-4.01—2-4.15.

In order to conduct county business, it is necessary to provide for the transportation needs of the officers, employees and other authorized drivers of the county of Alameda. The policies and procedures provide consistent and consolidated guidelines to reasonably, efficiently, and in an environmentally and financially sound manner control the use of county vehicles.

(Ord. No. 2011-20, § 1, 5-10-11)

The definitions of this section shall govern the terminology used within these policies and procedures:

A. General Definitions.

1. "County-owned motor vehicle" is defined as any motor vehicle, as defined by Section 31 of the Vehicle Code of the state, owned by, or under the control of the county of Alameda, and provided for the use of any county officer, board, commission, deputy, assistant, clerk, attache or other county employee, in the performance of official duties.

2. "Employee" is defined as all county officers and employees except incumbents of ejected office.

3. "Other authorized driver" is defined as volunteers and contractors who are authorized to use a county-owned motor vehicle when engaged in county business, provided that the agency/department head, for which the services of the volunteers and contractors are performed, authorizes such use.

4. "Use in conduct of county business" is defined as using, driving, operating, storing or parking, in the performance of or necessary to or in the course of the duties of county employment; it also includes use in emergency cases where ordinary humanity dictates no other course than to render aid to persons in distress.

5. "Driver records review" is defined as the review of employees' and authorized drivers' licenses through the Department of Motor Vehicles, verifying license status and driving record.

6. "Motorcycle" is defined as a single-track, engine-powered, two-wheeled motor vehicle.

B. Definitions of Vehicle Use/Assignment.

l. "County vehicle use" means county vehicles may be used for county business only; they are not to be used for personal business.

2. "Agency/department pool" means vehicle assigned to and dispatched by a county agency or department, used by multiple drivers, and garaged primarily at the pool location. This is distinct from the county's motor pools, which serve a variety of agency/departments, operated by the county of Alameda general services agency, motor vehicle division.

3. "Individual assignment" is defined as vehicles assigned directly to a designated position and used primarily or exclusively by the assigned operator. These vehicles are not garaged at the operator's residence.

4. "Resident garaging" means authorization to garage an individually assigned or agency/departmental pool vehicle at the operator's residence.

5. "Intermittent Garaging" means occasional overnight garaging up to five consecutive nights or as requested by agency/department head and approved by the general service agency, motor vehicle division manager.

C. Definitions for Mileage Claims.

1. "Worksite" is defined as the primary work location to which the employee is regularly assigned to report. When an employee is regularly assigned to more than one worksite during a workweek, a specific worksite shall be designated by the agency/department head as the assigned worksite for each workday.

2. "Commute mileage" is defined as the distance, in miles, between the employee's residence and their primary worksite.

3. "First point of contact" is defined as the first site where, on any given workday, the employee conducts county business.

4. "Last point of contact," as used in this section is defined as the last site where, on any given workday, the employee conducts county business.

5. "A regular basis" is to include any amount of time which exceeds the frequency of three times per month (based on De Minimus Rule-IRS Code Publication 1S-BI).

(Ord. No. 2011-20, § 1, 5-10-11)

A. The board of supervisors charges each agency/department head with the responsibility of ensuring that all officers, employees and other authorized drivers of his/her agency/department who operate county vehicles are aware of these policies and procedures and that they comply with them at all times.

B. County-owned motor vehicles shall be used only in the conduct of county business. No county officer or employee shall use or permit the use of any county-owned motor vehicle other than for use in the conduct of county business. No county officer or employee shall transport persons in any county-owned motor vehicle unless such transportation is necessary in the conduct of county business.

C. Employees that fail to comply with the terms and conditions of this vehicle use policy may be subject to disciplinary action from their agency/department and/or loss of their county motor vehicle driving privilege.

(Ord. No. 2011-20, § 1, 5-10-11)

A. All drivers of vehicles used for county business, whether county-owned or privately owned, must possesses a valid driver's license, and insurance for privately owned vehicles (California Vehicle Code Division 6 — Driver's Licenses) (California Insurance Code).

B. Vehicles must be operated in a safe, responsible, courteous and prudent manner in accordance with all state and local laws.

C. Drivers must comply with all sections of the California Vehicle Code.

D. All employees and other authorized drivers, who are required to have a valid driver's license to operate vehicles or equipment on official county business, shall immediately inform their supervisor in the event that their driver's license is suspended, revoked or otherwise restricted in a way that impacts ability to perform their job.

E. Prior to county vehicle use, all drivers must ascertain, to the best of their knowledge, that the county vehicle is safe (e.g., check horn, lights, brakes, tires) before operating. If the vehicle is not in safe operating condition, contact the motor vehicle division or the public works agency.

F. All vehicle accidents and/or damages involving county vehicles, or involving personal vehicles while on county business, must be reported to the general services agency, motor vehicle division or the public works agency and the risk management unit. (Follow instructions set forth in the vehicle accident report, located in the glove compartment and available online at Alcoweb/Document Center.)

G. The driver of a vehicle shall operate the vehicle only after the safety belts have been properly fastened by the driver and the passengers in the vehicle. These safety belts shall remain fastened at all times while the vehicle is in motion.

H. If any citations and/or tickets are issued for infractions relating to driver's license, seatbelt, parking, toll, speeding, DUI and/or other traffic (non-"fix-it" related) violations to a county employee while driving a county-owned motor vehicle, a personal vehicle while on county business, and/or a county-owned motor vehicle which is assigned to them, the corresponding fines and/or fees are the sole responsibility of the county employee to either payor successfully contest (Alameda County Auditor-Controller, Manual of Accounting Policies and Procedures (MAPP)).

I. If any "fix-it" citations or tickets are issued for such things as deficient equipment, proof of insurance, proof of registration, and/or other "fix-it" related violations to a county employee or other authorized driver while driving a county-owned motor vehicle, then they must be sent to the GSA Motor Vehicle Manager at 165-13th St., Oakland, CA 94612, QIC Code 20119 within three days of issuance.

J. The agency/department head will be notified of delinquent citations and/or tickets received due to an employee's failure to pay the corresponding fines or fees.

K. Drivers shall remain attentive to driving at all times. Use of a hand held cellular phone, including texting, is prohibited (California Vehicle Code Section 23123). Eating, drinking, or other distractions should be avoided while the vehicle is moving. This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in California Vehicle Code Section 165, in the course and scope of his or her duties (California Vehicle Code Section 23123(d)). Smoking is not permitted in any county motor vehicle at any time by anyone (Alameda County General Ordinance Section 6.72.030 prohibition of smoking in county facilities).

L. Reserved.

M. Driving a vehicle on official county business while under the influence of alcohol, drugs or other intoxicants is strictly prohibited.

N. Drivers are prohibited from altering or attempting to alter or disable GPS technology in county vehicles.

O. Drivers are responsible for maintaining current preventive maintenance schedules for all assigned vehicles. These preventive maintenance schedules are provided in the motor vehicle user guide. This guide is usually located in the glove compartment and is also available at: http://dsmain.acgov.org/docusha refdsweb!Get!Document-6309/.

P. Anti-idling policy drivers of any county vehicle/equipment shall not idle the vehicle's primary engine, either gasoline or diesel, for greater than five consecutive minutes at any location, except as noted below:

Exceptions. The idling limit does not apply to:

1. Idling when the vehicle must remain motionless due to traffic conditions, traffic signal, or at the direction of a peace officer;

2. Idling when weather conditions affect the safe operation of the vehicle;

3. Idling when queuing;

4. Idling to verify that the vehicle is in safe operating condition;

5. Idling for testing, servicing, repairing or diagnostic purposes;

6. Idling necessary to accomplish work for which the vehicle was designed (such as operating a crane);

7. Idling required to bring the machine system to operating temperature.

8. Idling by authorized emergency vehicles while providing services. Consistent with diesel engine idling law (Title 13 of the California Code of Regulations).

(Ord. No. 2011-20, § 1, 5-10-11)

County-owned motor vehicles may be used by volunteers and contractors when engaged in county business, provided that the head of the agency/department for which the services of the volunteer or contractor are performed authorizes such use. The following guidelines developed by the general services agency must be followed:

A. The volunteer or contractor must present evidence of a valid California driver's license to the agency/department head or designated representative.

B. The volunteer or contractor must obtain a print-out from the Department of Motor Vehicles indicating driver record status, and present it to the agency/department head or designated representative for review.

C. The agency/ department head or designated representative should not authorize use of a county vehicle if:

1. The volunteer or contractor has a poor driving record.

2. The volunteer or contractor's driver's license has been revoked in the past twenty-four (24) months.

D. The volunteer or contractor should sign the attached driving agreement and the agency/department should retain the original.

E. Written authorization from the agency/department head, along with a copy of the driving agreement, should be sent to the General Service Agency, Motor Vehicle Division Manager.

(Ord. No. 2011-20, § 1, 5-10-11)

A. The pull notice program automatically generates a driver record when any of the following actions or activities occurs:

1. Upon enrollment of driver in the program;

2. Annually;

3. When a driver has any of the following added to his/her driver record:

a. Convictions,

b. Failures to appear,

c. Accidents,

d. Driver license suspensions or revocations,

e. Any other action taken against the driving privilege.

B. Benefits of the pull notice program include:

1. Determines if each driver has a valid driver's license in accordance with the driver's classification;

2. Helps minimize the county's liability by revealing problem driving behaviors;

3. Improves public safety;

C. All pull program notices will be sent to the county safety officer in risk management.

D. Using the following criteria, the safety officer will contact the appropriate agency/department's human resources manager or designated representative:

1. Revocation of license;

2. Suspension of license;

3. Restriction of license of any other action taken against the driving privilege;

4. Driver's record review based on the following:

a. Liability exposure,

b. Seriousness of the offense,

c. Number of offenses,

d. Frequency of offenses.

E. The departmental human resources manager will review the facts in the case and meet with the employee to address the presenting issues.

F. Agency/department heads shall require all future employees, who are required to drive as part of their job duties, to provide a copy of a current DMV motor vehicle record (driving record). This information shall be recorded in the HRM5 system.

G. Agency/department heads, in conjunction with the motor vehicle division, shall enroll employees through the Department of Motor Vehicles (DMV) "Pull Notice Program".

H. Agency/department heads, in conjunction with risk management, may require employees to attend a defensive driving course following at-fault employee accidents while on county business.

(Ord. No. 2011-20, § 1, 5-10-11)

A. Any employee or appointive officer who uses a county-owned motor vehicle other than for use in the conduct of county business or in other violation of this chapter shall be subject to disciplinary action pursuant to the provisions of Section 40 of the Charter of the County.

B. An employee or officer who misuses a county-owned motor vehicle shall be liable to the county for the approximated actual cost resulting from any misuse of such county-owned motor vehicle.

C. A superior is subject to disciplinary action and/or liable for the actual cost of damages resulting from any misuse by the county employee to the extent that the superior allows, directs, or authorizes the misuse of a county-owned vehicle.

D. Actual costs of misuse of a county-owned motor vehicle shall include the following:

1. Expense of operation of a county-owned motor vehicle for the distance traveled during such misuse, or where the misuse amounts to an unreasonable deviation thereof, the distance traveled in excess of the shortest practical route, computed on a mileage basis in accordance with the schedule of mileage rates established by the board of supervisors for the payment of private mileage claims of county employees;

2. Any and all property damage to the county-owned motor vehicle and other county property, proximately resulting from such misuse; provided, however, that a credit shall be allowed the county officer or employee equal to any amount paid to the county by a third party;

3. The amount of any judgment or claim not covered by insurance that the county pays by reason of death, injury, or damage to persons to property arising out of misuse of a county-owned motor vehicle, including interest at the legal rate accruing from the time of payment by the county. In no event shall these rules be construed as conferring a right of subrogation on the part of insurance carriers for county vehicles where no such right existed at the time of the adoption of these rules or independently thereof. These rules are intended to provide rules for the use of county-owned vehicles as between the county and its officers and employees only, and shall not affect in any way rights and obligations of third parties, including insurance carried for the county-owned vehicles.

E. The agency/department head shall in each case investigate, determine the costs attributable to misuse (with the assistance of the public works department), and collect the amount of actual costs attributed to the misuse of county-owned vehicles by employees of his/her agency/department. Money collected from the employee shall be deposited in the county treasury to the credit of the fund supporting operation of the vehicle which was improperly used.

F. Any employee involved in the misuse of a county-owned motor vehicle shall be given the right to appeal. Such employee shall have the right within ten (10) days after service upon him of a demand in writing for reimbursement of costs of misuse, to demand a hearing before the Civil Service Commission. Such hearing shall be conducted pursuant to the provisions of Section 40 of the Charter of the county, and the decision of the commission shall be final.

(Ord. No. 2011-20, § 1, 5-10-11)

Agency/departments must consider use of alternate methods of transportation; Le., bus, shuttles, taxi, personal mileage reimbursement, or BART except when it is not feasible on a cost effective basis. Circumstances must demonstrate that use of such transportation alternatives would exceed the cost of providing a county vehicle, and/or the geographic location of an agency/department's operations precludes alternative methods of transportation from being convenient.

A. Agency/Department Pool Assignment. An agency/department must justify the assignment of a pool vehicle based on the following criteria:

1. All vehicles must be driven an average of five hundred (500) miles per month or more (approximately six thousand (6,000) miles per vehicle per year or more on county business).

2. All vehicles must be used an average of six hours per day per vehicle (on actual duty assignment, excluding pool standing time). An exception to the above criteria is made for an agency/department with assigned or mandated services that require specialized and/or emergency equipment that is physically attached to the vehicle.

B. Individual Assignment. An agency/department must justify the individual vehicle assignments based on the following criteria:

1. The vehicle is not garaged at the employee's residence but driven exclusively by the employee during the work shift.

2. All vehicles must be driven an average of five hundred (500) miles per month or more (approximately six thousand (6,000) miles per vehicle per year or more on county business).

3. All vehicles must be used an average of six hours per day per vehicle (on actual duty assignment). An exception to the above criteria is made for an agency/department with assigned or mandated services that require specialized and/or emergency equipment that is physically attached to the vehicle.

C. Assigned Take-Home Vehicles. A take-home vehicle is any county-owned vehicle which is permanently or temporarily assigned to an employee, who has been authorized to drive this vehicle to and from work to the employee's residence. Take-home vehicle authorizations must be approved by the department head/agency director and will be based on demonstrable and beneficial needs for the delivery of services for Alameda County given the following:

1. Assignment Criteria. Take home vehicle users are required to respond and report to after hours and weekend emergencies on a regular and frequent basis. These assignments require an individual to be:

a. The first responder directly to the scene of the emergency. To be eligible for take home use, employees must demonstrate a minimum of ten (10) emergency callouts per year. Second responders and special service vehicles and equipment are not to be authorized for take-home vehicles; or

b. Users who regularly and frequently must conduct investigations or transport victims or witnesses in the performance of their duties, including those with the district attorney's office, the public defender's office, the sheriffs office, and welfare fraud investigators, as authorized by their respective department heads.

2. Employees taking home vehicles must comply with all laws of the state of California and local jurisdictions, including possessing a valid operator's license. Take-home vehicles may not be used to conduct personal business (e.g. driving children to daycare, doing shopping, nor transporting other non-county passengers). This policy and practice ensures that take-home vehicle assignments are assigned to those who must respond quickly, that they can be justified to the public, and that they represent a prudent use of county resources.

3. Approval process-employees must complete the "Take-Home Vehicle Authorization Form" (exhibit A) and turn this form into GSA, motor vehicle division. All take-home vehicle authorizations must be approved by the department head/agency director. Annually, in the month of November, the motor vehicle division will send out the current approved list of employees with take-home authorization for updates by the department head/agency director.

4. Residency Restriction (Assigned Vehicles). Only employees who meet the emergency response criteria or are required by the regular nature of their duties described above are allowed a take-home county vehicle, and employees must either reside within the boundaries of Alameda County, or within a 30-mile radius of their primary worksite to be eligible for a take-home vehicle assignment.

5. Overnight/temporary duty-agency/departments that have employees that need a take-home vehicle for overnight use or on a temporary duty schedule, may authorize employees for take-home privileges for these specified times. The agency/department must report this usage and frequency to the motor vehicle division and the auditor's office.

6. County Reimbursement. Pursuant to the county vehicle assignment policy adopted on December 9, 1975 by Resolution No. 164574 and Board Resolution No. 190540 dated May 5, 1981, county officials who use county vehicles from their private residence on a regular basis are required to reimburse the county for the cost of commute mileage at a rate determined by the general services agency (GSA) and auditor/controller and published annually.

7. Parking. All employees who receive take-home vehicle assignments will be required to pay for parking if the vehicle is parked at county pay-for-parking facilities no differently than if they parked their personal vehicles used to commute to work.

All overnight authorization forms will be filed in the General Services Agency, Motor Vehicle Division, 165 13th Street (Alcopark: office), Oakland, CA 94612.

8. Exemptions from County Reimbursement and Parking. Qualified non-personal-use vehicles (IRS Code Publication 15-B).

a. Clearly marked, through painted insignia or words, police and fire vehicles.

b. Unmarked vehicles used by law enforcement officers if the use is officially authorized.

c. An ambulance or hearse used for its specific purpose.

d. Any vehicle designed to carry cargo with a loaded gross vehicle weight over fourteen thousand (14,000) pounds.

e. Delivery trucks with seating for the driver only, or the driver plus a folding jump seat.

f. A passenger bus with a capacity of at least twenty (20) passengers used for its specific purpose.

g. School buses.

h. Tractors and other special-purpose farm vehicles.

http://www.irs.gov/publications/p15b/ar02.html#en US publink1000101890

D. Motor Pool Overnight Use. Drivers must submit an original overnight authorization form, with original signature, signed by their supervisor, in order to take a county vehicle to their residence outside of working hours.

(Prior Board Resolution No. R-90-688)

(Ord. No. 2011-20, § 1, 5-10-11)

When a county-owned vehicle is assigned to an Individual for use outside working hours, the individual to whom the vehicle is assigned shall be responsible for affording the maximum protection practicable against theft, vandalism, damage and the elements by placing such vehicle in a garage or carport if available. The minimum of such protection shall be assurance that such vehicle is off-street, if off-street parking is available, at night when not in actual use.

(Ord. No. 2011-20, § 1, 5-10-11)

County employees that have take-home vehicle privileges are required to reimburse the county for the cost of commute mileage at a rate determined by the general services agency and the auditor/controller. This reimbursement rate includes the cost to the county of operating such vehicles and will be adjusted on an annual basis as these county costs change. Alameda County will be charging employees for the value of their personal use (commute mileage) of the county-owned vehicle.

Exemptions from Reporting Requirements. Qualified nonpersonal-use vehicles (IRS Code Publication is-B).

A. Clearly marked, through painted insignia or words, police and fire vehicles.

B. Unmarked vehicles used by law enforcement officers if the use is officially authorized.

C. An ambulance or hearse used for its specific purpose.

D. Any vehicle designed to carry cargo with a loaded gross vehicle weight over fourteen thousand (14,000) pounds.

E. Delivery trucks with seating for the driver only, or the driver plus a folding jump seat.

F. A passenger bus with a capacity of at least twenty (20) passengers used for its specific purpose.

G. School buses.

H. Tractors and other special-purpose farm vehicles.

http://www.irs.gov/publications/p15b/ar02.html#en US publink1000101890

(Prior Board Resolution No. 190540)

(Ord. No. 2011-20, § 1, 5-10-11)

Employees and other authorized drivers may, in the course of their employment, be asked to drive county vehicles that are equipped with GPS technology. GPS technology provides the county the ability to monitor vehicle MPG, diagnostic data, speed, location, routing, idling, and utilization. GPS use for public safety greatly enhances job performance, personnel safety, situational awareness, and may provide assistance in time critical scenarios. The GPS technology eliminates the need to perform smog tests, and the service contract includes roadside assistance. GPS in the county may also be used for other business-related purposes, including, but not limited to, locating stolen vehicles, providing aid to vehicles that break down, increasing employee safety, managing resources effectively, or ensuring that employees are following their routes or assignments. The following summarize the benefits of these systems:

A. Employee Safety. Ability to locate county vehicles at all times during emergency situations.

B. Roadside Assistance. Timely roadside assistance for disabled county vehicles.

C. Remote engine diagnostics-fleet division alerted when a diagnostic fault code occurs.

D. Preventative Maintenance. Access to accurate mileage information in order to keep county vehicles on their proper maintenance cycles, reducing breakdowns.

E. Eliminates Smog Inspections. The GPS system can measure the emissions and will eliminate the need to perform smog tests.

F. Vehicle Data Reporting. The system will monitor the miles per gallon, idling time, speed, and overall vehicle usage. The county may use GPS technology in the ordinary course of business.

The board of supervisors hereby delegates authority to the director, general services agency and the director, public works agency to determine the county vehicles in which GPS technology will be installed, to establish record keeping systems for data collected through GPS technology, and to otherwise implement this policy.

Only agency/department heads, or their designee, will have access to the GPS system regarding employee vehicle reporting. GPS data will not be used for routine monitoring of employees. However, GPS data may be used in the course of pending disciplinary investigations.

(Ord. No. 2011-20, § 1, 5-10-11)

A. County employees are encouraged to use county owned vehicles when available. The following factors are to be considered when deciding between the use of a county owned vehicle and a privately owned vehicle while conducting county business:

1. Availability of county owned vehicles.

2. Cost to the agency/department of using a county owned vehicle versus mileage reimbursement that is paid for the use of a privately owned vehicle.

3. Appropriateness of the vehicle for the required use.

4. Best use of employees' time and operational efficiency.

B. When a privately owned vehicle is to be used, the following are required:

1. Authorized Use. No employee shall travel to, or conduct, county business in a privately owned vehicle without the approval of their supervisor and/or the management of their agency/department.

2. Insurance. The privately owned vehicle must have automobile insurance that complies with the State of California minimum requirements. (California Insurance Code Section 1l580.1b)

3. Primary Insurance Coverage. If an employee(s) [is/are] involved in an accident in a privately owned vehicle while on authorized county business, the privately owned vehicle's automobile insurance coverage is primary to any other insurance policy or coverage.

4. Motorcycles. No employees shall operate a motorcycle on county business without specific authorization of the agency/department head.

C. Reimbursement for Property Damage. If an employee is required by his/her agency/department head to use a privately owned vehicle on county business, and the vehicle incurs property damage while conducting that county business, the county may pay the employee for that property damage. Property damage includes damage caused by theft, larceny, malicious mischief and vandalism and includes breakage of glass. To receive payment from the county all the following conditions must be met:

• The privately owned vehicle was being used with the consent of the employee's supervisor and/or agency/department management.

• The damage to the privately owned vehicle was not caused by the negligence of the employee and/or owner of the privately owned vehicle.

• The employee and/or owner is unable to recover the cost of the property damage from their own insurance coverage: from the other driver(s), involved party(ies) or their insurance coverage(s); or from any other source.

• That any claims the employee and/or owner may have against their own insurance coverage or any third party have been settled and/or adjudicated.

• That the employee and/or owner must submit proof of loss, damage or theft (i.e., police report, statement of loss, repair estimate, photos of the damage, photos taken from the scene of the incident) to the risk management unit within thirty (30) days of the date of loss.

• That the employee and/or owner fully cooperates with any investigation the county wishes to conduct regarding the incident.

• That the employee is not found guilty of a violation of the California Vehicle Code or Penal Code in connection with the incident.

Under no circumstance will the county pay for property damage incurred to the privately owned vehicle resulting from:

• Missiles or falling objects.

• Fire.

• Explosion or earthquake.

• Windstorm.

• Hail, water, avalanche or flood.

• Riot or civil commotion.

• Wear and tear, faulty or insufficient maintenance.

• Freezing.

• Mechanical or electrical breakdown.

• Road damage to tires.

• Contact with birds or animals.

• Personal items stolen from the vehicle that were not permanently installed or attached to the vehicle.

The employee and/or owner has a duty to mitigate any damage caused to the privately owned vehicle. Damage to the privately owned vehicle that is incurred during the employee's commute to and from their assigned, regular and/or usual work location(s) shall not be covered by the county. Damage to the privately owned vehicle that is incurred while the vehicle is parked at or near the employee's assigned, regular and/or usual work location(s) shall not be covered by the County.

(Ord. No. 2011-20, § 1, 5-10-11; Ord. No. 2024-28, § 1, 9-17-24)

Editor's note— Ord. No. 2024-28, § 1, adopted September 17, 2024, amended the title of § 3.32.120 to read as herein set out. The former § 3.32.120 title pertained to use of private vehicles.

Notwithstanding any provisions of this chapter to the contrary, the Board may authorize a fixed sum to be paid to an officer or agency/department head as reimbursement for the expenses incurred in connection with the ownership, control, maintenance, and use of any motor vehicle in his or her possession or control, in lieu of any other provisions in this chapter for reimbursement, except that if travel is outside of the Bay Area counties Administrative Code Section 3.36.110. When authorized a fixed sum reimbursement, a county officer or agency/department head will be reimbursed at the county's mileage reimbursement rate when county business requires traveling outside Alameda, San Mateo, Contra Costa, Santa Clara, and San Francisco Counties.

County Officials Eligible to Receive Vehicle Compensation

Elected Officials

Board of supervisors, each member

Auditor-controller-clerk-recorder

County assessor

District attorney

Sheriff

Treasurer-tax collector

Agency/Department Heads

Chief probation officer

County administrator

Assistant county administrator

County counsel

County librarian

Director, department of child support services

Director, community development agency

Director, general services agency

Director, health care services agency

Director, information technology department

Director, human resource services department

Director, public works agency

Director, social services agency

Public defender

Registrar of voters

(Ord. No. 2011-20, § 1, 5-10-11)

Unless otherwise provided in a current, valid memorandum of understanding, any officer or employee who is required to travel and who is authorized to use therefore a motor vehicle or aircraft in his/her own private possession or control, shall be allowed the sum per mile as prescribed by the Internal Revenue Service of the United States Treasury Department, or per flying hour as is now or may hereafter be prescribed by the board.

A. Authorized Mileage Claims. When an officer or employee is authorized to use his/her privately-owned vehicle on county business, mileage may be allowed in accordance with the following provisions:

1. If an employee has a first point of contact which is not the assigned worksite, then the distance between home and the first point of contact will be recorded. If the amount of this distance is greater than the amount of the commute mileage between home and the assigned worksite, the difference may be claimed. If the amount of this distance is less than the commute mileage then no mileage may be claimed.

2. Once the employee arrives at the first point of contact or the assigned worksite, mileage used in the course of conducting county business may be claimed up to arrival at the last point of contact or the assigned worksite.

3. If an employee has a last point of contact which is not the assigned worksite, then the distance between the last point of contact and home will be recorded. If the amount of this distance is greater than the amount of the commute mileage between the assigned worksite and home, the difference may be claimed. If the amount of this distance is less than the commute mileage, then no mileage may be claimed.

4. An employee's home may not be designated as a first point of contact or last point of contact, or assigned worksite.

B. Mileage Outside of Working Hours. When an officer or employee or an agency/department head is required to use his privately owned automobile on county business outside of working hours, or when an employee is ordered by his/her agency/department head to perform specific duties outside of said employee's working hours, mileage shall also be allowed from his residence to the first point of contact in the performance of his duties, and from the last point of contact in the performance of his duties to his residence.

(Ord. No. 2011-20, § 1, 5-10-11)

A. The driver of a county vehicle shall report every noted defect of the county vehicle or its operation to the motor vehicle division, public works department, in person or on the appropriate form as soon as possible to assure proper maintenance attention.

B. The driver of an assigned county vehicle shall ensure that all assigned vehicles are delivered to the county vehicle maintenance facility whenever service is due.

(Ord. No. 2011-20, § 1, 5-10-11)

Vehicle accident report forms shall be placed and maintained in a conspicuous place in every county vehicle. The driver of any county vehicle is responsible for completing a report on the provided form and submitting it to the risk management unit and the motor vehicle division or public works department, within twenty-four (24) hours following any collision, or incident involving a vehicle used while on county business, regardless of damage. In case of an accident:

A. Stop Your Vehicle Immediately. If possible, do it in a manner that will clear the traffic-lanes and not present a hazard to moving traffic.

B. Determine if there are any injuries; if so, render aid to the extent of your ability. Call 911 for qualified medical assistance for the injured and law enforcement assistance if it appears advisable.

C. Exchange driver information with all parties (i.e. -driver's name, drivers' license number, work and home phone numbers, and home address). Also, obtain year, make, model, plate number of other vehicle, and name, address and insurance policy number of registered owner. Use the instruction packet with each vehicle (copy attached) to help you record this necessary information. Provide this same information to the other person.

D. Do not discuss fault, liability, or responsibility for the accident.

E. If possible, take photos of the damaged vehicle/property and submit them with the vehicle accident report.

F. Call the county garage and identify yourself, your agency/department and the vehicle number, and be prepared to state the exact location of the accident and whether or not the county vehicle can be driven safely.

G. Complete the county of Alameda "vehicle accident report" (copy attached). Fax completed form to risk management and send original to the motor vehicle division or public works department.

H. Accident cases will be reviewed by motor vehicle division, public works department, and risk management unit to determine whether driving school or suspension of county vehicle use is required.

(Ord. No. 2011-20, § 2, 5-10-11)

The county fuel sites are maintained by the GSA motor vehicle division. These sites shall only be used to obtain fuel for county-owned vehicles and rental vehicles used on official county business.

(Ord. No. 2011-20, § 2, 5-10-11)

All county-owned vehicles shall have affixed an appropriate emblem, tag or sign approved by the board of supervisors that such motor vehicle is the property of the county of Alameda, and showing the county motor vehicle number assigned to such vehicle. No county-owned motor vehicle shall be operated upon the public streets or highways unless such vehicle has affixed such emblem, tag or sign.

Exceptions:

A. Any county-owned motor vehicle where the absence of such emblem, tag or sign is deemed essential to adequate and proper performance of the duties of the person or persons to whom such vehicle is assigned or used, and a written request of the agency/department head of the agency/department to which such vehicle is assigned stating the reasons for such exemption have been approved by the board of supervisors; and

B. Any county-owned motor vehicle assigned to agency/directors, department heads, or administrative county officers in the unclassified civil service.

(Ord. No. 2011-20, § 2, 5-10-11)

With the approval of the agency/department head, county-owned or private vehicle, or public transit may be used for authorized county business within the Bay Area counties as defined in this code. Expenses shall be limited to mileage, public transit fares, parking and bridge tolls unless the board has specifically authorized payment for other expenses.

A. Outside Bay Area Counties. No county-owned vehicle shall be driven outside the Bay Area counties, and no mileage claims for travel in privately owned vehicles outside the Bay Area counties shall be allowed, unless authorized by the agency/department head. Reimbursement for such travel expenses may not exceed actual expenses, and if a private vehicle is used, payment therefore may not exceed the economy or coach round trip air fare, or the fare for other common carrier if airline service is not available to the point of destination.

B. Exceptions. Notwithstanding the provisions set forth in Section 3.36.110, in exceptional instances an agency/department head may determine the most expeditious means of travel and may authorize payment of actual and necessary transportation expenses, or a lesser amount in lieu of mileage when a privately owned vehicle is used, provided, however, that in such unusual circumstances the claim for such expenses must be accompanied by a full justification of the need for the trip and the mode of transportation used, and by a documentation of the expenses incurred.

C. Bay Area Counties Defined. For purposes of this chapter "Bay Area counties" means the counties or city and county of:

Alameda

Marin

Napa

San Francisco

San Mateo

Santa Cruz

Sonoma

Contra Costa

Monterey

Sacramento

San Joaquin

Santa Clara

Solano

Yolo

(Ord. No. 2011-20, § 2, 5-10-11)

The county is committed to reducing our greenhouse gas emissions as part of the county's strategic vision. Our approach towards these reductions from our vehicles is by continually reviewing the number of vehicles needed to support county operations, "right sizing," and by purchasing and running the "greenest" fleet of vehicles available, both environmentally and economically sustainable.

A. Sustainable Transportation Panel. This cross-agency advisory panel is responsible for developing vehicle purchasing standards, agency/departmental vehicle usage reviews, transportation initiatives, and analyzing our county's environmental impact from transportation. This panel includes the general services agency, transportation services manager, sustainable transportation specialist motor vehicle manager, a sustainability member, a purchasing member, the public works fleet manager, and members from three or four other agencies/departments. Both labor and management shall be represented on the panel. The mission of the panel is to develop a county standard for the purchase of cost effective, green vehicles for the county's fleet. Additionally, this panel will study the transportation initiatives including employee commutes and take-home vehicles. The following are the objectives of this panel:

1. Create and regulate the county green vehicle management and procurement policy.

2. Select the most environmentally friendly and cost effective fleet of vehicles available by vehicle class.

3. Reduce the number of SUVs and trucks in the fleet.

4. Review and analyze the county's take home vehicles, working to reduce the number of county vehicles commuting.

5. Reduce the number of underutilized vehicles in the fleet (i.e. improving vehicle sharing between agencies/departments).

6. Study the county's emissions for both county vehicles and employee vehicles during their commute.

7. Reduce the total cost of running the county's fleet.

8. Ensure that the clean commute program is promoted and incentivized as an alternative to driving, both on the job and during the employee's commute.

Recommendations from the sustainable transportation panel will be reviewed by GSA and if appropriate, reviewed by the board of supervisors.

B. Usage Standards. In order to ensure that all county vehicles are properly utilized, a minimum usage standard has been set.

1. For Sedans, Light Trucks, and Vans. The usage must be a minimum of five hundred (500) miles per month and an average of four hours per day.

2. For Medium and Heavy Duty Trucks. The usage must be a minimum of four hundred (400) miles per month.

3. For Off-Road Heavy Equipment. The usage must be one hundred fifty (150) hours per year.

These usage standards have been set for evaluation purposes. When a vehicle's usage falls below these defined levels, the vehicle will be evaluated to determine if there is a sufficient need for these vehicles in the county's fleet, while still meeting the level of service to the public.

C. Agency/Department Vehicle Purchase Request Process.

1. Agency/department must complete Motor Vehicle Purchase Request Form (140-28 (0807R).

2. Fleet manager will review the request for compliance with the usage standards:

a. Justification for vehicle request;

b. Services provided;

c. Estimated mileage per month;

d. Estimated hours used per day;

e. Source of funding/funding availability.

3. The above five components of the vehicle request process will be submitted to the sustainable transportation panel for approval and then to the board of supervisors for final purchase approval.

D. Purchase of County Vehicles. The county will purchase vehicles that will increase the fleet's overall fuel efficiency, lower emissions, and control costs. As part of this effort, the county will look at ways to limit the use of large sedans, sport utility vehicles and trucks to work assignments where they are essential and encourage the purchase of alternative fuel vehicles, such as hybrid-electric, all electric, and compressed natural gas. (Vehicles purchased by the county for law enforcement purposes shall be from among those vehicles that are appropriately used as pursuit vehicles.) The county will evaluate fuel consumption, C02 emulsions, and cost effectiveness for every vehicle purchase.

1. All vehicles purchased will be:

a. In the top ten (10) percent of fuel economy and lowest emissions within the vehicle class/type;

b. Alternative fueled when available;

c. Commercially available;

d. Practical;

e. Reasonably cost-competitive for the class/type of vehicles needed for specific assignments.

2. Trucks, vans, and sport utility vehicles (SUVs) will not be purchased unless justified based on a verified work assignment. Justifiable work assignments will include rough terrain/off-road travel, passenger/cargo requirements, and/or trailer towing requirements on a routine basis.

E. Driving Habits. Drivers can impact the fuel economy of the vehicle by as much as three miles per gallon and also impact the vehicle maintenance cost by their driving habits. All county employees and other authorized drivers (with the exception of emergency vehicles) are required to follow the following simple rules to maximize our fuel economy and to minimize our maintenance expense:

1. Drive the speed limit;

2. Maintain constant speed;

3. Avoid fast starts and abrupt stops;

4. Limit idle time;

5. Use of environmentally-friendly materials.

F. The county maintenance facilities are to utilize environmentally-friendly materials (i.e. recycled antifreeze, brake fluid, transmission fluid, and oil and lead-free wheel weights) when they are available and will not negatively affect the performance of county vehicles.

(Ord. No. 2011-20, § 2, 5-10-11)

This vehicle use policy will be reviewed annually by the motor vehicle division and public works department, and submitted for review by the board of supervisors.

(Ord. No. 2011-20, § 2, 5-10-11)

General services agency will provide the following forms to be used by employees:

A. Vehicle purchase request form;

B. Take-home vehicle authorization form;

C. Motor vehicle driver's card request and use agreement;

D. Vehicle accident report;

E. Overnight vehicle authorization form.

(Ord. No. 2011-20, § 2, 5-10-11)