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HomeMy WebLinkAbout06-92 e e RESOLUTION NO. 6-92 A RESOLUTION of the City Council of the City of Port Angeles, Washington, amending the City Personnel Policy and Procedures for city employees. WHEREAS, Resolution 13-88 was adopted in 1988 and has not been amended to provide up-to-date policies and procedures or to comply with current Federal regulations; and WHEREAS, the City of Port Angeles desires to provide a vehicle use policy to meet the operational needs of the depart- ments and comply with applicable Federal IRS regulations; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, WASHINGTON, as follows: section 1. The City of Port Angeles Personnel policy and Procedures Manual is hereby amended by revising section 11.01B, Vehicle Use pOlicy, to read as set forth in the attached Exhibit flAil. PASSED by the City Council of the City of Port Angeles at a regular meeting of said Council held on the 4th day of February, 1992. ATTEST: Gh:~ ho~~~. J.~^- Becky J. Up n, ty Clerk APPR~D AS TO FORM: . / (~AN \;()~~~ Craig D.~utson, City Attorney .."'t."'f'~~".., :-,"'......-.-: ,:",... 1'~, ~. \.~. "P:"................ ,v -\ _.....,...~-.."'.,.~... I .....0;,. ~.I', _ _,.,,- -;.. ~~_...- ~ ...:~/-;; t(~.::~.)~J "/ h.- ..... ..... < ~"/,...,-...-.......:"''';, ,....... I'(~+ ........ _..."y~ ... .............. ...,..~",......"" EXHIBIT uAu 11. 01 B. VEHICLE USE POLICY 1. General city Vehicle Policy e City vehicles may be used by city employees for municipal business only. The Department Head is responsible to ensure compliance with this vehicle use policy and is authorized to permit employees to use vehicles as assigned. An employee may be assigned a vehicle on a regular basis or for special needs due to work load changes, seasonal or weather conditions, requiring additional vehicles to provide services, or other reasons as determined by the Department Head. Employees authorized to use City vehicles shall operate the vehicle in a safe, courteous, and efficient manner and shall conform to all state and local laws governing the use and operation of a motor vehicle. The use or operation of city vehicles or pieces of City equipment for non-emergency or non-routine activities outside the corporate City limits of the City of Port Angeles must be approved by the involved Department Head or the City Manager prior to the time of the vehicular use. City vehicles may not be operated if the employee has consumed any amount of alcoholic beverages or is under the influence of any drug which may impair one's ability to operate the vehicle safely. Any accident or injury resulting from the operation of a City vehicle shall be reported as soon as possible by notifying the employee's supervisor of the incident, as well as completing the necessary accident report forms. The use of the city gasoline credit cards is permitted only for City-owned vehicles. Gasoline credit cards may be checked out for City vehicles used for out-of-town travel through the City Finance Department. The employee shall keep receipts of all expenses charged on the credit cards and turn these in when returning the credit card. The city shall maintain pool cars in the fleet for use for local and out-of-town travel which an employee may check out through the Public Works Department. The departments utilizing pool cars will be charged an appropriate mileage rate for the use of the vehicle. Departments that have frequent use for a City vehicle may be assigned a specific vehicle for that department's usage. e This policy does not apply to employees of the Police Department who are covered under a separate policy, Chapter 17 of the Police Department Operations Manual, as approved by the city Manager and adopted by the city Council. 2. After-Hours City Vehicle Use The Department Head shall determine whether an employee takes home an assigned vehicle or has the employee report to a City facility to pick up the vehicle for after-hours use. An assigned vehicle shall be available on a priority basis to the employee assigned the vehicle, but it may also be used by other City employees of the same department. This determination shall be based upon: e A. Assigned vehicles taken home outside the City limits is discouraged. B. The frequency of the call-outs (average of once per month) . C. The person performs regularly as an emergency services command officer. D. It is the most efficient method of operation ln performing the essential services during the after-hours work, as determined by the Department Head. E. The employee must use the vehicle to respond directly to the call-out scene. The Department Head may assign a service vehicle to an employee for after-hours use who is subject to call-backs for maintenance of critical City services. The assignment of said after-hours vehicle shall meet the following criteria: a. The person is using the vehicle on stand-by assignment for after-hours call-out. b. The person using the vehicle is assigned to respond to after-hours work (generally this person has a pager). c. The person is assigned a service vehicle with specialized tools and/or equipment needed to perform after-hours work. d. Assigning the vehicle for after-hours work use is the most efficient method to provide the service to the citizenry. In January of each year, the Department Head shall submit to the city Manager for his approval, a list of employees to be assigned a City vehicle for after-hours use on a regular basis and the service vehicles. If there is any change from the previous years' assignment, justification for the assignment shall also be provided. Assignment of an after-hours use vehicle for seasonal or e e e 2. After-Hours city Vehicle Use (Con't) other fluctuations in work load on a temporary basis does not require city Manager approval if such assignment is less than 90 days. Non-City Emplovee Transportation Any employee while on duty may, under emergent conditions, transport family members in the vehicle, with approval of the Division Manager or Department Head. The employee shall also notify dispatch at the time of the condition. An employee may transport non-City employees in city vehicles during the execution of City business only. An employee assigned a city vehicle for after-hours use on a regular basis may use the vehicle for an occasional convenience incidental to the performance of the official duties, i.e., incidental use of the vehicle for personal business, making a personal stop during a business trip. The personal use, purchase, or transportation of alcoholic beverages in a City vehicle is prohibited. 3. Reimbursement for Employees Using Their Private Vehicles Employees are encouraged to use a city vehicle for City business whenever possible. However, an employee may be authorized to use his/her private vehicle for conducting city business as determined by the Department Head. Reimbursement for mileage shall be based upon the Internal Revenue Service mileage reimbursement rate (the rate established in 1992 is twenty-eight cents ($.28) per mile and shall be adjusted periodically in accordance with the IRS mileage rate). In the event the employee prefers to use his/her private vehicle for out-of-town travel in lieu of an available City vehicle, the employee shall receive prior Department Head approval to be reimbursed the mileage reimbursement rate. If an employee is authorized to use his/her private vehicle for City business, it is the responsibility of the Department Head to ensure the employee has a valid driver's license and vehicle insurance to protect the City in the event of an accident. If the Department Head needs a driver's license check, contact should be made with the Human Resources office providing the employee's name, address, social security and driver's license number, and date of birth. Any mileage reimbursement claimed by an employee for use of his/her private vehicle shall be recorded and reimbursed according to the expense procedures described by the Finance Department. No reimbursement will be made for travel between the employee's residence and their regular work location. 4. Vehicle Allowance in Lieu of a City Vehicle A vehicle allowance of $125 per month, plus the IRS mileage rate for travel outside Clallam County, may be authorized to a Department Head upon City Manager approval. However, any employee currently authorized a vehicle allowance may continue receiving the vehicle allowance plus the IRS mileage rate for travel outside Clallam County, or may chose to be paid the IRS mileage reimbursement rate. e 5. Taxability of CitY-Provided Vehicle Fringe Benefits and Mileage Reimbursements A. Taxation of citY-Provided vehicle Frinqe Benefits On July 6, 1989, the Internal Revenue Service published final regulations on the Taxation of Frinqe Benefits, including taxation of personal use of an employer-provided vehicle. They can be found in the Federal Reaister for July 6, 1989, pages 28576-28620. General Rule The personal use of a City-provided vehicle is taxable to the employee. "Personal use" incudes commuting, as well as local and out-of-town personal travel. Record-Keepina Reauirements Employees must keep records for business and personal miles driven in City-provided vehicles. Record-keeping procedures shall be prescribed by the Finance Department. Valuation of Personal Use of City-Provided Vehicle The City has elected to use the commuting valuation rule to determine the value of vehicle use. Under this rule, a flat $1.50 each way ($3.00 per round-trip commute) will be taxed to employees if the following criteria are met: (1) the vehicle is used in connection with City business; (2) the City requires the employee to commute to and/or from work in the vehicle; (3) the City has a written policy prohibiting personal use other than commuting and de minimis personal use and the employee does not use the vehicle for any other personal use; and (4) the employee is not a "control employee". e A "control employee" is an elected official or an employee whose compensation equals or exceeds the compensation paid to a federal government employee holding a position at Executive Level V. Presently, this compensation amount is $101,300 per year. It may go up if Administration-proposed salary increases are adopted. A. Taxation of City-Provided Vehicle Frinqe Benefits (Con't) If more than one employee commutes in a vehicle, each rider is to be taxed the $1.50 each way. A vehicle that is generally used each workday to transport at least three employees to and/or from work in a City-sponsored commuting pool is deemed to meet the business use requirement described above. e Employees will be taxed the appropriate value through payroll deductions, on a bi-weekly basis. Qualified Non-Personal Use Vehicles The following types of vehicles are exempted from both the record-keeping and taxation requirement: (1) clearly marked Police and Fire vehicles; (2) unmarked law enforcement vehicles when used for authorized purposes and operated by a full-time law enforcement officer; (3) delivery trucks with seating only for the driver, or only for the driver plus a folding jump seat; (4) flatbed trucks; (5) cargo carrier with over a 14,OOO-pound capacity; (6) school and passenger buses with over a 20-person capacity; (7) ambulances; (8) hearses; (9) bucket trucks; (10) cranes and derricks; (11) forklifts; (12) cement mixers; (13) dump trucks; (14) garbage trucks; (15) specialized utility repair trucks; (16) tractors; and (17) certain pickup trucks and vans not over 14,000 pounds loaded gross vehicle weight. To be exempt, pickup trucks and vans must be clearly marked with permanently affixed decals or special painting or other advertising. Pickup trucks must be equipped with at least one of the following: a hydraulic lift gate, permanently installed tanks or drums, permanently installed side boards or panels materially raising the level of the sides of the bed of the truck, or other heavy equipment such as an electric generator, welder, boom or crane. A van must have a seat only for the driver or the driver and one other person, and either permanent shelving has been installed that fills most of the cargo area, or the cargo area is open and the van constantly carries merchandise, material, or equipment used in the employer's trade, business or function. B. Taxation of Mileaqe Reimbursement Mileage reimbursements are non-taxable to the extent that the ci ty recei ves substantiation for the expense. The verification necessary to meet this requirement includes (1) date of trip; (2) purpose; (3) destination; and (4) mileage. e