SEQ CHAPTER \h \r 1SUBJECT: VEHICLE USE POLICY
PURPOSE: To describe City vehicle designation, use and general safety for employees and Councilmembers.
POLICY:
A. Designation and Use of City Vehicles
From the total fleet of passenger vehicles available, after deducting the number assigned to the City Council pool, the City Manager will assign passenger vehicles to the various departments based on need.
1. City Council Vehicle Designation
Up to four passenger vehicles will be placed in a pool for the City Council for City business use only. ”City business” shall include attendance at local and regional meetings, appointments or events involving business affecting, or of interest to, the City; meetings, appointments or events of various boards and/or agencies of which the City is a member; City community events and meetings, appointments or events to which members of the City Council have been invited to participate in or attend in their official capacity as Councilmembers.
A sign-in and out log, along with the keys for the pool vehicles, will be maintained by Administration Department staff. Councilmembers will provide the date, time and purpose for the use of a City vehicle when it is signed out and the date and time the keys are returned at the end of the trip. At the end of each trip, vehicles are to be returned to the assigned parking area at City Hall for night parking.
The Council participates, from time to time, in unusually long regular City Council meetings, a great number of special City Council meetings, additional meetings with legislators, and meetings with stakeholders throughout the City. The City Council has had to attend City Council meetings that do not end until very late at night, sometimes past midnight, and early morning meetings that are scheduled for the very next day. Such a schedule has made it extremely difficult or impossible for the City Council to check City vehicles back into the City or to make proper arrangements to assure that they can be in attendance at such early morning meetings. Thus, although the City Council members will make every effort to comply with the return policy as stated above, they may also keep vehicles at home if attending an evening, early morning or weekend meeting, appointment or event. The vehicle must be checked in immediately following the meeting, appointment or event, but no later than the morning of the next business day, during normal business hours.
2. Department Vehicle Designation
The vehicles assigned to departments will be in a department pool to be used by employees for purposes of City business only and not for personal use. The vehicles may not be used for regular travel between home and business except when specifically permitted in this policy.
With the approval of the City Manager, in specific cases, cars may be kept at home at night only if an employee is attending a night meeting or has an early morning appointment. The cars are not to be used for personal business (e.g., Credit Union).
The City Manager may authorize, in writing, specific employees to take vehicles home regularly because of the special necessities of their positions.
Whenever a vehicle is to be kept at home overnight, the Transportation Department must be informed by the employee in writing.
Attendance at a night class, even though the City might pay for the class, is not justification for the use of a City vehicle.
B. Take Home Vehicle Reporting for Employees
The City will use the Lease Value Rule to calculate the taxable value of a take home vehicle and add this amount to the Employees W-2. The City will use the guidance as provided in IRS publication 15-B Employer’s Tax Guide to Fringe Benefits. The taxable value of the take home vehicle may be reduced for qualified business use and if the following procedures are followed:
1. The employee must account to the City for the business use. This is done by substantiating the usage (mileage, for example), the time and place of the travel, and the business purpose of the travel.
2. A written record made at the time of each business use is best practice and may use the attached Mileage Log Sample.
The determination of whether a car trip was deductible business-related travel is made under the same HYPERLINK "https://www.wolterskluwer.com/en/expert-insights/cars-and-other-listed-property-are-subject-to-special-rules" rules that apply to City business travel. Commuting to and from work is not considered business use.
Any use of a City-provided vehicle that isn't substantiated as business use is included in the employee’s income using the IRS Lease Value Rule.
Please refer to IRS publication 15-B for additional information and details on qualified non-personal use vehicles. For example a pickup truck with a loaded gross vehicle weight of 14,000 pounds or less is a qualified non-personal use vehicle if it has been specially modified so it is not likely to be used more than minimally for personal purposes.
Use of fuel will be valued at the current calendar year IRS rate.
C. Vehicle Safety and Use for Employees and Councilmembers
1. Vehicle Safety
Use of seat belts is mandatory whenever operating or riding in a City vehicle or personal vehicle for City business.
City employees must obey all laws and regulations, including the California Vehicle Code, when operating a City vehicle, or when using a personal vehicle for City business.
City employees must report to their supervisor any accidents, or citations received, while operating a City vehicle, or while operating a personal vehicle for City business. No smoking or use of e-cigarettes is allowed in City vehicles.
As part of the City's Risk Management Program, the City will periodically be receiving reports from the California Department of Motor Vehicles regarding employee accident, citation records, and driver's license status. For more information about this reporting process, refer to City Policy I-13 Driver’s License Requirements.
2. Use and Care of City Vehicles
City Vehicles are to be used only for official City business, and operated only by City personnel who have been certified by the Transportation Department.
When not in use, vehicles will be stored at the City Transportation Department‘s “Yard” or at other places approved by the City Manager.
Employees who are assigned to stand-by-duty, or who must respond to emergency situations at times other than regular working hours may drive the assigned vehicle to their residences, provided they have the approval of the City Manager For employees who are assigned to stand-by duty, or who are required to use City Vehicles to respond to emergencies at other than regular working hours, the Department Head concerned shall submit, in duplicate, for the approval of the City Manager the following:
Name of Employee
Job Title
Home Address
Type of Vehicle (and vehicle number if applicable)
Hours of operation are restricted to time periods when employees and Councilmembers are on official City business.
No vehicle will be driven outside the boundaries of Los Angeles and Orange Counties without prior approval of the Department Head City vehicles will not be used for transportation of persons other than City employees unless it is for City business.
City vehicles may be driven to restaurants during the lunch period.
PROCEDURE:
Responsibility Action
ADVANCE \u 7
City Manager 1. Assigns City Vehicles to Councilmembers.
Councilmembers 2. Councilmembers will provide the date, time and purpose for the use of a City vehicle when it is signed out and the date and time the keys are returned at the end of the trip. At the end of each trip, vehicles are to be returned to the assigned parking area at City Hall for night parking. If a Councilmember is transporting non-employee passengers (18 and over only) in a City-Vehicle, they must have the passenger sign a waiver, provided by the Administration department, prior to the trip. The passenger must be 18 years or older and must sign the waiver prior to the trip. A parent or guardian must sign for passengers under 18, including the Councilmember in question, if transporting their own child.
Administration 3. Maintain a sign-in and out log for pool vehicles for Councilmembers, along with the keys for the pool vehicles for Councilmembers. Provides Councilmembers and Employees with a release waiver for the passenger to read and sign, if the Councilmember or Employee plans to transport passengers in a City a Vehicle. Obtains and maintains the completed waiver form from the passenger.
City Manager 4. Assigns passenger vehicles to the various departments.
5. May authorize, in writing, specific employees take vehicles home regularly because of the special necessities of their positions.
Employee 6. Obtains approval from City Manager and Department Head of overnight vehicle use. Notifies Transportation Department, in writing that the vehicle needs to stay overnight.
7. If approval to take a home a vehicle is authorized by the City Manager, the employee must document and account to the City the business use, substantiate mileage, time and place of the travel, and the business purpose of the travel.
8. These records must be retained and updated regularly by the employee in the event of a review or audit. Use of the attached mileage log is recommended.
9. If an employee is transporting non-employee passengers (18 and over only) in a City-Vehicle, they must have prior approval from their department head and the passenger must sign a release waiver, provided by their Department, prior to the trip. The passenger must be 18 years or older and must sign the waiver prior to the trip.
Employees and Councilmembers 10. Must obey all laws and regulations, including the California Vehicle Code, when operating a City vehicle, or when using a personal vehicle, or when using a personal vehicle for City business.
Human Resources/Risk Manager’s Office 11. Receives and Reviews reports from the California Department of Motor Vehicles regarding employee/councilmember’s accident, citation records, and driver's license status.
Attachment(s):
1. Mileage Log Sample
2. Passenger Liability Waiver Form
Number: VI-2 Updated Date: 3/28/2023
Number: VI-2 Updated Date: 3/14/2023
City of Commerce, California
Human Resources Policy and Procedure Manual
_________________________
Director of Human Resources
_________________________
City Manager
Number: VI-2 Updated Date: 3/14/2023
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