Sierra County Municipal Code Ch. 11.42 Governmental Vehicle Policy

The Board of Supervisors of Sierra County enacts this policy to accomplish the following purposes:

A. To institute uniform rules and regulations governing the use and operation of county vehicles.

B. To establish a uniform policy regarding permanent and temporary retention of county vehicles.

C. To establish a uniform policy regarding the use of private vehicles on county business.

D. To establish a formal policy for reporting vehicle accidents.

E. To establish a formal policy on driving standards and safety. (Ord. 994, eff. 2/21/08; Ord. 850, eff. 4/17/97)

Each member of the Board of Supervisors and each department manager shall be responsible for assuring that they and all employees under their respective supervision who drive county vehicles or who drive personal vehicles on county business are thoroughly aware of and comply with these rules and regulations.

Because the county has differing requirements and differing expectations of employees and department managers, this policy provides both general rules applying to all county personnel (SCC 11.42.040) and specific rules applying to different classes of employees and different types of vehicle assignments (SCC 11.42.050 through 11.42.080). (Ord. 994, eff. 2/21/08; Ord. 850, eff. 4/17/97)

A. Valid Driver’s License and Insurance. County vehicles shall be operated only by authorized county employees/officers possessing a valid California driver’s license or from a neighboring state if the employee is a resident of that state, of the proper class for the vehicle being operated and shall be required to have a current policy of private liability insurance.

B. Seat Belts Required. Seat belts shall be worn while operating or riding in county vehicles. The driver of the vehicle shall be responsible for passenger adherence to this rule.

C. Use Requirements.

1. All county employees, when using vehicles on county business, shall:

a. Operate vehicles in a safe, reasonable and responsible manner consistent with the intended use of the vehicle.

b. Observe all traffic laws, rules and regulations. Fines and penalties imposed for violation of traffic laws, rules and regulations are the responsibility of the driver. Fines and penalties for defects of a county vehicle are the responsibility of Sierra County.

c. The cost of repairs for damages to a county vehicle, caused by an employee while not in the course of his or her employment, or which is due to willfully or imprudently operating the vehicle in an unsafe or illegal manner will be the responsibility of the driver.

d. Inspect any assigned county vehicle before leaving on a trip to ensure that the vehicle is in safe operating condition.

e. Inspection shall include safety components such as stop, turn and tail lights, head lamps, windshield wipers, tires, snow chains and seat belts. In addition, engine oil and coolant levels shall be checked and filled, if needed.

f. If there is evidence of accident damage, it shall be reported immediately to the department manager or designee before leaving on a trip.

2. Use of all county vehicles shall be recorded in a log book which shall be kept in the vehicle. The log book shall require identification of each user, list of the beginning and ending mileage of each trip or for the day, identification of the beginning and ending point of each trip or day’s use, the purpose of each trip including a notation as to whether the vehicle is taken to the employee’s or department manager’s home. The log shall indicate all commuting or personnel use. The log shall correspond to the odometer in total.

Each department manager shall be responsible for ensuring compliance with these requirements by his or her employees and for reporting to the County Auditor the personal use of county vehicles commuting to work that is other than de minimis in each month.

3. Annually, no later than June 30th of each year, the department manager shall submit a statement to the County Risk Manager, or in the absence of a Risk Manager, to the County Auditor, certifying that for each vehicle assigned to his or her department all customary maintenance has been properly performed on the vehicle during the course of the year and that there are no known safety issues with regard to each vehicle.

D. Law Enforcement. Nothing in this chapter shall be construed to prevent a peace officer, acting within the course and scope of their duties, from operating a county vehicle in an otherwise lawful manner that is consistent with the pursuit, use of force, or other applicable policies and procedures established by the Sheriff or other applicable authority.

E. Driving under the Influence of Alcohol, Drugs and Medication. Employees shall not operate motor vehicles or motorized equipment following the consumption of or with any detectable level of alcohol. No employee shall operate any motor vehicle or motorized equipment having consumed any drugs or medication that (1) may cause drowsiness, (2) which contains a warning to avoid operation of equipment or vehicles, or (3) which otherwise affects the nervous system without first reporting such use to his or her department head and in the absence of the department head, to his or her immediate supervisor. The department head or immediate supervisor shall be authorized to prohibit the operation of vehicles or motorized equipment by any such employee if there is any concern about the employee’s capacity to function in a safe manner. For the purposes of this section, if an employee is uncertain as to whether a drug or medication contains a warning to avoid the operation of equipment or vehicles, or if an employee has consumed any drugs or medications which are not distributed in compliance with a regulatory scheme requiring warning labels, the employee shall treat the drug or medication as though it were so labeled. This shall include but not be limited to medical marijuana.

Employees on-call to receive county-related calls shall not consume intoxicating substances, nor shall they respond to an on-call request to perform services if they have taken any drugs or medication which can cause drowsiness or impair their ability to operate a vehicle without first notifying their supervisor of that fact.

F. Transport of Noncounty Personnel Prohibited. Except for department managers assigned vehicles on a “permanent assignment” (SCC 11.42.080), use of a county vehicle to transport members of an employee’s family or any other persons not connected with county business is prohibited.

G. Personal Use Prohibited. Except for department managers assigned vehicles on a “permanent assignment” (SCC 11.42.080) and except as set forth in the “Exceptions” below, use of a county vehicle for personal business or activities, or use of the vehicle after work hours is prohibited.

Exceptions: With department manager approval, an employee may take a county vehicle to his or her residence under the following circumstances:

1. When the employee is placed on-call or subject to emergency calls for service outside the assigned working hours.

2. When the employee is required to attend meetings outside the assigned working hours.

3. When the department manager can document that such use is in the best interest of the county.

Any employee authorized to permanently or temporarily retain a county vehicle shall not use said vehicle for any private purpose while the vehicle is within his or her possession.

Any commuter miles shall be maintained in the car log and provided to the Auditor’s office monthly for inclusion in the employee’s pay as required by the IRS.

All employees assigned a car for taking home shall sign a statement at the time the vehicle is assigned and annually thereafter that no personal use of the vehicle is allowed other than required commuting miles and de minimis use per IRS Reg. §§ 1.132-6(d)(3) and 1.132-6(e)(2).

H. Overnight Parking. County vehicles on overnight assignment to an employee shall be locked and stored in a manner which reasonably provides for the protection of the vehicle.

I. Night and Weekend Storage. Except as permitted under preceding sections all county vehicles shall be stored nights and weekends on county premises. All vehicles shall be locked unless stored in a locked enclosure.

J. Courthouse Parking. County vehicles bearing “E” or “Government” license plates are not to be parked in the parking lot located between the front entrance of the Sierra County Courthouse and the front entrance of the Western Sierra Medical Clinic.

*Classified employees include all county employees except department managers. Nonclassified employees include members of the Board of Supervisors and department managers. SCC 3.04.010.

(Ord. 1069, eff. 5/5/16; Ord. 994, eff. 2/21/08; Ord. 850, eff. 4/17/97)

The use of privately owned vehicles may be allowed or required when such use is determined to be in the best interest of the county. However, prior to use of a private vehicle on county business, the following conditions must be met:

A. Authorization. Authorization of the employee’s department manager.

B. Driver’s License. A valid driver’s license shall be in the driver’s possession at all times.

C. Insurance. Vehicles shall be adequately insured. The liability insurance coverage on any private vehicle used on county business must conform to the minimum requirements as set forth in the financial responsibility set forth in Cal. Veh. Code § 16020 ($15,000/$30,000 public liability and $5,000 property damage).

D. Mechanical Condition. The vehicle shall be in sound mechanical condition adequate for providing the required transportation in a safe manner. If the department manager has reason to believe a safety inspection is necessary, he/she may order an inspection at an appropriate facility at employee’s expense to determine the safety of a private vehicle to be used on county business.

E. Enclosed Vehicle Required. The vehicle shall be a conventional four-wheel enclosed vehicle. Under no circumstances is a two-wheel or three-wheel privately owned vehicle to be used on county business unless for law enforcement activities approved by the Sheriff or in emergencies to maintain the health and/or safety of the public.

F. Seat Belts. The vehicle shall be equipped with seat belts and all occupants shall use seat belts. (Ord. 994, eff. 2/21/08; Ord. 850, eff. 4/17/97)

Department managers shall be authorized to grant temporary retention of county vehicles to employees based on the following criteria:

A. Best Interest. It is in the best interest of the county; and

B. Temporary Retention. The retention for in-county service is granted for no more than the period for which such employee is “on call” or required to utilize the vehicle for a specific assignment in a calendar month, and one of the following conditions is met:

1. The employee or department manager is scheduled for potential standby duty outside of normal working hours due to conditions arising from adverse weather; or

2. The employee or department manager is leaving before regular working hours or returning from an officially authorized trip after regular working hours;

C. Long-Term Temporary Retention. The department manager may authorize temporary retention of a county-owned vehicle for county travel on county business for up to 14 days when circumstances warrant. (Ord. 994, eff. 2/21/08; Ord. 850, eff. 4/17/97)

A. Justification. Department managers may assign county vehicles to individual employees on a permanent basis where there is a substantial frequent re-occurring need to respond to emergency situations or other county business after normal working hours, based on one of the following criteria:

1. The employee must respond to emergencies which require immediate attention during off-duty hours for the protection of persons and/or property specifically requiring their presence in a supervisory or technical capacity. Such emergencies must require immediate travel to the emergency scene, for a six-consecutive-month average of at least three calls per month; or

2. The employee is required to respond to county business outside of normal working hours on a reoccurring basis with substantial frequency. In such cases the department head shall make a written finding which shall be filed with the County Auditor that the assignment of the vehicle to an employee is in the best interest of the county;

3. Resident Deputy-Sheriffs and resident Deputy Probation Officers;

4. As assigned by the Board of Supervisors.

B. List of Assignments. The department manager shall submit, as they are assigned, a list of all employees who have a vehicle assigned to them on permanent retention to the Board of Supervisors.

C. Board Review. The Board of Supervisors may review and take action on any assignment on a permanent retention, or lack thereof, as they deem appropriate. (Ord. 994, eff. 2/21/08; Ord. 850, eff. 4/17/97)

The Board of Supervisors may make “permanent assignment” of county-owned vehicles to individual department managers who, by virtue of their “exempt status” (24-hour-a-day responsibility), have a substantial frequent re-occurring need to respond to emergency situations or other county business after normal working hours and the Board finds that such an assignment is in the best interest of the county.

It is acknowledged that such response may significantly interfere with family life and child care responsibilities. Accordingly, upon signing and filing with the Risk Manager a “waiver of liability and hold harmless agreement” in favor of the county, in a form approved by the Risk Manager and County Counsel, such department managers may, when they deem it necessary, transport household members in their county-owned, assigned vehicles when on or en route to county business. If not engaged in or en route to county business, such department managers shall not use their county vehicles. All department managers to whom a vehicle is assigned are hereby required to sign a waiver of liability and hold harmless agreement. (Ord. 994, eff. 2/21/08; Ord. 850, eff. 4/17/97)

The department manager to whom vehicles are assigned or who authorizes county or private vehicle use for county business shall:

A. Enforcement. Be responsible for the enforcement of the rules and regulations contained in this policy;

B. Effective Utilization. Be responsible for the effective utilization of assigned vehicles;

C. Defensive Driving. Support the concept of defensive driving;

D. Accident Review. Review accidents and assure that corrective action is taken;

E. List of Employees. Maintain a current listing of employees’ vehicle assignments. (Ord. 994, eff. 2/21/08; Ord. 850, eff. 4/17/97)

A. Incident Report. Any employee, department manager or member of the Board of Supervisors using a county vehicle or a private vehicle on official county business involved in any type of vehicle accident, whether or not visible damage is apparent, shall report the accident, as soon as appropriate emergency action has been taken (i.e., ambulance, law enforcement agencies), on forms provided by the Risk Manager. The completed form is to be turned in to the department manager. Details shall be shown as provided on the county incident report form. If the employee involved in such a vehicle accident is not physically able to do so, it shall be the responsibility of the department manager to arrange to have the employee interviewed and complete the incident report form. When possible, pictures should be taken to accompany the report. The incident report form shall be signed and dated by the person involved in the accident. It shall be the responsibility of the department manager to check the form to be sure it is properly executed.

B. Distribution of Report. Copies of the incident report shall be distributed to: County Counsel, the Risk Manager and the employee’s personnel file.

C. County Counsel Authorization. At no time shall an employee, department manager or member of the Board of Supervisors discuss the accident or facts related thereto with anyone other than a law enforcement officer investigating the accident, County Counsel, Risk Manager, employee’s insurance carrier, employee’s counsel or department manager without approval of the County Counsel. All inquiries shall be referred to County Counsel. After clearance by the County Counsel, all personnel shall cooperate with the county’s insurance carrier in their investigation of the accident. (Ord. 994, eff. 2/21/08; Ord. 850, eff. 4/17/97)

A. Special Training. Special equipment such as hi-lifts, high rangers, graders, mowers, cranes, snow-removal equipment, or any unit which has special devices added for specific kinds of work, will require formal training and instruction prior to use by a driver. This special training will include the following:

1. Explanation and demonstration of all control devices;

2. Explanation and demonstration of all safety equipment;

3. Maintenance items such as fuel, water, oil or other minimum operation need of the unit;

4. Demonstration of operation of the unit or special equipment;

5. New driver operation under supervision with testing;

6. Instruction in driving to and from or on and off trailers, parking procedures and method of shut down and securing.

B. Passengers. Passengers will ride only in seats designated for passengers. Employees riding in the back of crew trucks will remain seated when the vehicle is in motion.

C. Safety Requirements when Backing. Operators of special equipment will look around when backing.

D. Speed Limit. Construction-type equipment will travel at less than 25 MPH – without exception. This equipment will use the right-hand lane except when a left turn is required. Headlights will be on at all times the vehicle is in motion.

E. Unauthorized Usage. Use of special equipment without training or authorization or the willful violation of any of these rules will result in disciplinary action. (Ord. 994, eff. 2/21/08; Ord. 850, eff. 4/17/97)

Violation of the provisions of this vehicle policy may result in disciplinary action and/or rescission of vehicle privileges. (Ord. 994, eff. 2/21/08; Ord. 850, eff. 4/17/97)