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Offices of the City Council
220 East Mountain View
Barstow, California 92311-2888
(760) 256-3531
City of Barstow
City Council Policy Memorandum
To: City Manager
From: City Council
CC: City Clerk, Treasurer, and City Attorney
Date Adopted: February 20, 2024
Subject: City Council Policy Memorandum #2024-xx, Use and Operation of City Vehicles by Elected Officials
INTRODUCTION
The City recognizes that elected officials including members of the City Council, the Mayor, the City Treasurer, and the City Clerk need to make use of City-owned vehicles. The purpose of this policy is to promulgate standards for Elected officials who operate a City-owned vehicle on City business.
POLICY
Elected Officials are not assigned a vehicle but may use vehicles in the City’s vehicle pool subject to the Policy.
Unauthorized personal use of a City-owned vehicle is not permitted and may result in loss of vehicle privileges.
Permission to operate a City-owned vehicle must be given by the City Manager or his/her designated representative. Elected Officials shall operate all City-owned vehicles safely and economically. To accomplish this, these practices must be followed:
USE OF CITY VEHICLES
Elected Officials’ privilege to operate a vehicle on official City business extends only if the driver operates the vehicle safely and efficiently. City-owned vehicles shall be legally and appropriately operated and/or parked at all times. Proper care in operating the assigned vehicle, including the use of seat belts, following posted speed limits, and obeying all other traffic signs and rules, shall be exercised. City-owned vehicles must be checked out by the City Manager or his/her designated representative and shall be driven for official use only. Personal, political, or campaign-related use of City-owned vehicles is not permitted.
Vehicles will be operated only when they are in safe operating condition. Each Elected Official driving a vehicle on official city business shall visually inspect the vehicle to ensure it is in sound operating condition. The driver shall check to ensure that the vehicle lights, turn signals, brake lights, and other safety equipment are functional on the City-owned vehicle.
All drivers must have a valid California driver's license and must show proof of insurance coverage to at least the minimum levels required by California law. Elected Officials who use City vehicles must provide a copy of their proof of insurance to the City Manager, before their first use of a City vehicle and must maintain current proof of insurance on file with the City.
No unauthorized drivers will be allowed to operate a city vehicle. Passengers, including family members, are allowed only if they are accompanying the Elected Official when the Elected Official must be away on extended overnight City business. This will require advance approval of the City Manager on a case-by-case basis.
Any damage to, or malfunction of the City Vehicle, accidents, and/or citations and infractions shall be reported, orally to the City Manager or his/her designated representative as soon as it is safe to do so, followed by a written report within 24 hours. If a violation of State law or local motor vehicle laws occurs, the driver must be personally liable for any criminal or civil penalty incurred. Drivers shall also provide the City Manager or his/her 2 of 3
designated representative written proof that tickets received have been paid within the required time frame by law.
Financial assessments related to City-owned vehicles incurred because of the driver's poor judgment, irresponsibility, or negligence, will be the responsibility of the Elected Official. Such charges or assessments may include, but are not limited to, tow charges, tolls, and tickets.
Use of City-owned vehicles while under the influence of alcohol, cannabis, or illegal drugs is forbidden. Use of City-owned vehicles while under the influence of legal medication affecting the ability to drive (including but not limited to certain types of cold medicine, allergy medicine, and/or anti-depressants) is forbidden.
Elected Officials using a City-owned vehicle are to use a City fuel card for refueling and maintenance. The driver will ensure refueling and service stations accept the City fuel card before refueling or authorizing service. Before taking a vehicle out for use, the driver must also check the fuel and assess if additional fuel will be needed, and if so, bring the City fuel card and purchase the fuel.
Elected Officials using a City-owned vehicle are to purchase fuel at self-service pumps unless forbidden to do so by State or Federal law. All Elected Officials using a City-owned vehicle are to purchase only "Regular" unleaded gasoline with an octane rating of 87 unless the vehicle requires an alternative fuel. Repairs of City-owned vehicles require the approval of the City Manager or his/her designated representative.
The following procedure shall be followed if a City-owned vehicle malfunctions or is damaged and/or disabled during travel:
1. If the City-owned vehicle becomes unsafe to operate due to a breakdown, flat tire, mechanical failure, or any other reason, prioritize the safety of yourself and others on the road. Move the vehicle to a safe location, if possible, and turn on the hazard lights.
2. Provide an oral report to the City Manager or his/her designated representative as it is safe to do so, followed by a written report within 24 hours.
3. It's important to document the situation by taking photos of the vehicle's condition, the location, and any relevant details. This documentation might be required for insurance purposes or to support claims related to the incident.
4. Depending on the circumstances, keep any records of expenses incurred due to the roadside assistance, such as towing fees or repair costs. Expenses incurred will be reimbursed in accordance with City Council Policy Memorandum #2022-18, Expense Reimbursement Policy for Elected and Appointed Officials.
City vehicles shall not be taken home overnight except:
A. Elected Officials may take a City-owned vehicle home for one night when attendance at an off-site Cityrelated meeting takes place after or before normal working hours subject to approval of the City Manager or designated representative. City-owned vehicles must be parked off the street at the Elected Official’s home. (i.e., driveway or garage). City-owned vehicles may not be parked overnight at bars, restaurants, nightclubs, or other recreational locations without specific authorization from the City Manager or his/her designated representative.
City-owned vehicles shall be returned at the earliest practical time the day after any overnight usage.
PROHIBITED USE OF CITY VEHICLES
Any unauthorized use of a City-owned vehicle is prohibited. Unauthorized use includes, but is not limited, to:
1. Any use for personal, political, or campaign-related purposes, other than immediately incidental to official City use.
2. Travel or tasks beyond the vehicle's rated capability or capacity. 3 of 3
3. Transport of families, friends, associates, or other persons who are not employees, officials, or contractors of the City or serving the interest of the City.
4. Transport of cargo that has no relation to the performance of official City business.
5. Transport of acids, alcohol, explosives, weapons, ammunition, or highly flammable material, except in City business and in compliance with all Local, State, and Federal laws.
6. Transport of any item or equipment projecting from the side, front, or rear of the vehicle in a way that constitutes an obstruction to safe driving or a hazard to pedestrians or other vehicles.
7. Attending sporting events, including hunting and fishing, which are not in the service of City business.
8. Extending the time the vehicle is in your possession beyond that which is required to complete the official City purpose of the trip unless approved by the City Manager or his/her designated representative.
9. Operating a City-owned vehicle while under the influence of alcohol, cannabis, illegal drugs, or legal medication affecting the ability to drive (including but not limited to certain types of cold medicine, allergy medicine, and/or anti-depressants).
10. Use of a cellular telephone or any other electronic equipment that may interfere with operating the vehicle is not permitted.
11. Operating a City-owned vehicle without a valid operator's license or while the license is under suspension or revocation.
12. Failing to report an accident, a collision, a ticket, or any other damage to a City-owned vehicle or other vehicle to the City Manager, in writing, within one business day.
13. Smoking or vaping tobacco, cannabis, or any other drug while in a City-owned vehicle.
Any unauthorized use of a City-owned vehicle may cause revocation of the privilege to use City-vehicles.
I, Andrea Flores, City Clerk of the City of Barstow and ex-officio Clerk of the City Council, DO HEREBY CERTIFY UNDER PENALTY OF PERJURY that the foregoing is a true and correct copy of City Council Policy Memorandum #2024-XX of said Council which was adopted at a regular meeting held February 20, 2024, by the following vote:
AYES: Council Members Dyer Kruse, Rose, Hernandez; Mayor Pro Tem Noble and Mayor Courtney NOES:
ABSENT:
ABSTAIN:
_________________________________ ________________________________ Andrea Flores, City Clerk Paul Anthony Courtney, Dr.B.A., Mayor