Los Angeles County Municipal Code Ch. 5.85 Damage to Personal Vehicles

Notwithstanding Section 5.80.050 F of this code, the county shall, pursuant to Section 53240 of the Government Code and subject to the procedures, limitations and exceptions in this chapter, reimburse an Eligible Employee as defined herein for damage to his or her personally owned or leased vehicle when the vehicle is damaged in the line of duty while driven by the Eligible Employee.

(Ord. 93-0004 § 9 (part), 1993.)

As used in this chapter, the following terms are defined as follows:

A.

"Eligible Employee" means any employee approved by the board of supervisors for liability coverage under this chapter.

B.

"Vehicle" means automobile, pickup truck, or van, personally owned or leased by an Eligible Employee; specifically excluded by this definition are motorcycles and "off-road" sports vehicles, and similar recreation sports vehicles.

(Ord. 93-0004 § 9 (part), 1993.)

If, subsequent to the effective date of the ordinance codified in this chapter, an Eligible Employee's personally owned or leased vehicle, used in the performance of his/her duties as requested by his/her supervisor, is damaged or destroyed, the county shall reimburse the Eligible Employee to the extent permitted by this chapter.

(Ord. 93-0004 § 9 (part), 1993.)

The county does not intend to reimburse to the full extent authorized by Section 53240 of the Government Code, but only to the extent and subject to the exclusions, limitations and conditions of this chapter. If it should be held by any court of competent jurisdiction that any exclusion, limitation or condition of this chapter is invalid then, in that event, this entire chapter shall be invalid.

(Ord. 93-0004 § 9 (part), 1993.)

An employee that has been certified as a permittee as described under Section 5.40.240, shall be reimbursed for damages to his Vehicle that occurred in the parking lot of the employee's office or headquarters. For the purposes of this section, damage occurring at a headquarters established under Section 5.40.200 will be specifically excluded under this Section 5.85.045.

(Ord. 2000-0074 § 13, 2000.)

An Eligible Employee shall not be entitled to reimbursement from the county:

A.

If he/she does not file the proper claim within the proper time and in compliance with all conditions of this chapter; or

B.

When the cost of repair to the vehicle is less than $5.00; or

C.

To the extent to which the Eligible Employee actually has received reimbursement from any other source including insurance; or

D.

For the damage or destruction of the vehicle prior to the effective date of the ordinance codified in this chapter; or

E.

If the claim is denied pursuant to the provisions of this chapter; or

F.

If the damage to the vehicle occurs while it is being driven for commuting purposes to or from his/her work location, or while he/she is off duty; or

G.

If the purpose of the trip is to undergo medical examination or treatment, to participate in a civil service examination, or to pursue employee relations matters on the employee's own behalf; or

H.

If the use of the vehicle is for law enforcement purposes, did not receive prior written approval by his/her supervisor at a rank not less than captain.

(Ord. 93-0004 § 9 (part), 1993.)

When an Eligible Employee is entitled to reimbursement under this chapter, the amount of reimbursement shall be calculated by subtracting $5.00 and the amount that he/she has received from insurance or any other sources other than the county from the lower of two estimates of the cost to repair from licensed auto repair businesses, provided said lower estimate does not exceed the current fair market value of such vehicle. If the lower estimate of the cost of repairs exceeds the current fair market value of the vehicle, the amount of the reimbursement shall be calculated by subtracting $5.00 and the salvage value of the vehicle from the current fair market value.

(Ord. 93-0004 § 9 (part), 1993.)

A.

In addition to the reimbursement provided under Section 5.85.060, the county shall reimburse an employee for:

The actual cost of a rental car, not to exceed $40.00 per day, for each day the employee is without his/her vehicles but not to exceed 30 consecutive days;

The actual towing charges to move an inoperable vehicle, limited to a maximum of 50 miles in towing;

The actual cost to store a vehicle, not to exceed $10.00 per day.

B.

The provisions of this Section 5.85.065 shall be made operative for an Eligible Employee's Vehicle that is damaged or destroyed on or after January 01, 2001.

(Ord. 2000-0074 § 14, 2000.)

An Eligible Employee requesting reimbursement shall:

A.

Complete the special form provided by the department;

B.

Attach to the form estimates from two licensed auto repair businesses of the cost of repair to the vehicle;

C.

Submit a written assignment of any right for reimbursement from others, including insurance companies, for damage or destruction of the vehicle which is the subject matter of the claim, to the extent of the amount of the reimbursement paid to the Eligible Employee by the county;

D.

File the claim with the Eligible Employee's division chief within 10 business days from the date of damage to the vehicle.

(Ord. 93-0004 § 9 (part), 1993.)

If the department head or the department head's designee finds that the Eligible Employee is not entitled to reimbursement, he/she shall so notify the Eligible Employee in writing. The denial of the claim by the department head or the department head's designee shall be final and not subject to review.

(Ord. 93-0004 § 9 (part), 1993.)

If the department head or the department head's designee finds that the Eligible Employee is entitled to reimbursement, he/she shall deliver the claim with his/her approval endorsed thereon to the auditor-controller and provide written notice of approval.

(Ord. 93-0004 § 9 (part), 1993.)

Upon receiving a claim made pursuant to this chapter, the auditor-controller shall process such claim for payment.

(Ord. 93-0004 § 9 (part), 1993.)

By filing a claim pursuant to this chapter, the Eligible Employee agrees to subrogate to the county any right which he/she may have for reimbursement from others for the damage or destruction of the vehicle which is the subject of the claim, to the extent of the amount of the reimbursement paid to him/her by the county. The Eligible Employee will agree to promptly pay to the county any such reimbursement subsequently received from others.

(Ord. 93-0004 § 9 (part), 1993.)

If this chapter is amended or repealed, such amendment or repeal shall not affect the right of any Eligible Employee sustaining destruction or damage to his/her vehicle, which destruction or damage occurs prior to the effective date of such amendment or repeal, and the employee complies with the requirements of this chapter.

(Ord. 93-0004 § 9 (part), 1993.)

An Eligible Employee shall be guilty of violating this chapter who, in conjunction with a claim filed under this chapter:

A.

States as a fact, that which is not true if the employee does not believe it to be true; or

B.

States as a fact, that which is not true if the employee has no reasonable ground to believe that it is true; or

C.

Conceals any facts which he/she knows or believes to be material in conjunction with any claim made by him/her.

(Ord. 93-0004 § 9 (part), 1993.)