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HomeMy WebLinkAboutN-276 - Use of City Vehicles CITY OF PASCO ADMINISTRATIVE ORDERS Administrative Order No. 276 Personnel Policies &Procedures Subject: Use of City Vehicles Initial Effective Date:March 31, 1981 Revised 3/ /08 Approved The following Administrative Order is effective March 1, 2008 and supersedes Administrative Order No. 24 dated March 31, 1981. I. PURPOSE: The purpose of this Order is to clarify the use of City vehicles by City employees; to prescribe the official circumstances under which City vehicles may be used; to regulate the use of cell phones when using_a City vehicle, and direct these regulations to apply to any employee using a City vehicle, on or off the job. II. DEPARTMENTS AFFECTED: All III. REFERENCES: RCW 46.61.667 and 46.61.668 IV. CONDITIONS FOR TAKE HOME PRIVILEGE: The City Manager will determine which City employees are authorized by virtue of position to use a City vehicle for trips back and forth to work. The standard by which this listing will be prepared will correlate to the degree of public interest served by the City employee having a City vehicle assigned for take home purposes. Where there is no preponderance of evidence to support a take home policy, then the privilege will be denied. A legitimate and clear cut need to respond to emergencies is an obvious factor to be taken into account; however an infrequent emergency call is not sufficient justification for a take home vehicle. V. APPROVED USE STANDARDS: An employee, once approved by the City Manager for a take home vehicle, shall use the vehicle during duty hours, or off-duty hours, for the following purposes only: A. During Duty Hours: 1. Driving associated with the official purpose of the employee's job designation is permissible. 2. Driving to official job-related meetings in the Tri-Cities area, after getting the advanced approval of the department director, is permissible. 3. Driving to out-of-Tri-Cities locations requires the approval of the City Manager if it concerns a department director. For any other employee, the department director of that employee is authorized to grant this permission if the use is for official purposes. B. During Off-Duty Hours: 1. Driving the vehicle to and from home to work is permissible if approved by the City Manager. VI. RESTRICTIONS ON USE OF CITY VEHICLES BY CITY EMPLOYEES AT ALL TIMES: The following uses are specifically forbidden: A. Taking a City vehicle to social or recreational functions is forbidden. This restriction shall not apply to the official physical fitness program for the Fire Department when such an activity is scheduled away from the station. B. Using a City vehicle to take children to and from school is forbidden. C. Using a City vehicle for shopping (including side trips on way back and forth from work) is forbidden. This does not apply to the Fire Department when a City vehicle is used to get provisions for the station kitchens. D. Taking a City vehicle home for lunch is not authorized if the employee lives outside of Pasco city limits unless it can be shown that it would be cost effective to the City to do so. Under these circumstances, it would be necessary to obtain special permission from the City Manager, in writing, authorizing a vehicle to be taken home for lunch. I. If out in a City vehicle at or near the lunch hour, the employee may stop at the nearest restaurant in town without violation of this Order. Or he/she may proceed home to lunch if within the City limits of Pasco. E. Hauling friends or strangers in a City vehicle at any time is forbidden unless there is a direct work-related requirement to do so. If in doubt, the employee should check with his/her supervisor. F. Joyriding in a City vehicle during duty hours or off-duty hours is forbidden. G. Taking a City vehicle anywhere which has no job-related connection is forbidden. Administrative Order No. 276: Use of City Vehicles Page 2 H. If not part of the usual and customary duties in a job description, using a City vehicle during work hours or off-duty hours requires the advanced approval of the employee's department director. VII. USE OF CELL PHONES WHILE OPERATING CITY VEHICLES: Definitions: A. Using a wireless communication device while driving. Hands-free mode: The use of a wireless communication device with a speaker phone, headset, or earpiece. As of March 1, 2008, City employees may only use a cell phone in hands-free mode (speaker phone, headset, earpiece) while operating a moving City vehicle. Operation of a moving City vehicle while holding a wireless communications device to the ear is a violation of this policy which will result in discipline. Only the following exception will be permitted: driving an authorized emergency vehicle (those equipped with lights and sirens). B. Sending, reading, or writing a text message while driving. City employees are not to operate a moving City vehicle while sending, reading or writing a text message. Violation of this requirement will be grounds for discipline. The following exception will be permitted: use of a voice-activated global positioning or navigation system that is permanently affixed to the vehicle. PENALTIES FOR MISUSE: The penalty for misuse will depend on the nature of the infraction and may range from a letter of reprimand to termination of employment. Administrative Order No. 276: Use of City Vehicles Page 3 Page 1 of 1 RCW 46.61.667 Using a wireless communications device while driving. (Effective July 1, 2008) (1) Except as provided in subsection (2) of this section, a person operating a moving motor vehicle while holding a ess communications device to his or her ear is guilty of a traffic infraction. (2) Subsection (1) of this section does not apply to a person operating: (a) An authorized emergency vehicle, or a tow truck responding to a disabled vehicle; (b) A moving motor vehicle using a wireless communications device in hands-free mode; (c) A moving motor vehicle using a hand-held wireless communications device to: (i) Report illegal activity; (ii) Summon medical or other emergency help; (iii) Prevent injury to a person or property; (d) A moving motor vehicle while using a hearing aid. (3) Subsection (1) of this section does not restrict the operation of an amateur radio station by a person who holds a valid amateur radio operator license issued by the federal communications commission. (4) For purposes of this section, "hands-free mode" means the use of a wireless communications device with a speaker phone, headset, or earpiece. ,,-)) The state preempts the field of regulating the use of wireless communications devices in motor vehicles, and this Section supersedes any local laws, ordinances, orders, rules, or regulations enacted by a political subdivision or :municipality to regulate the use of wireless communications devices by the operator of a motor vehicle. (6) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when i driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or ;ome other offense. (7) Infractions that result from the use of a wireless communications device while operating a motor vehicle under his section shall not become part of the driver's record under RCW 46.52.101 and 46.52.120. Additionally, a finding hat a person has committed a traffic infraction under this section shall not be made available to insurance companies or ;mployers. 2007 c 417 §2.] VOTES: Intent-- 2007 c 417: "The use of wireless communications devices by motorists has increased in recent years. Nhile wireless communications devices have assisted with quick reporting of road emergencies, their use has also :ontributed to accidents and other mishaps on Washington state roadways. When motorists hold a wireless ommunications device in one hand and drive with the other, their chances of becoming involved in a traffic mishap ncrease. It is the legislature's intent to phase out the use of hand-held wireless communications devices by motorists operating a vehicle." [2007 c 417 § 1.] Effective date -- 2007 c 417: "This act takes effect July 1, 2008." [2007 c 417 § 3.] tttp://www.mrsc.org/mc/rcw/RCW%20%2046%20%20TITLE/RCW%20%2046%20.%2061%20%20CH... 2/26/2008 Page 1 of 1 RCW 46.61.668 Sending, reading, or writing a text message while driving. (Effective January 1, 2008.) (1) Except as provided in subsection(2) of this section, a person operating a moving motor vehicle who, by means of ;ctronic wireless communications device, other than a voice-activated global positioning or navigation system that is permanently affixed to the vehicle, sends, reads, or writes a text message, is guilty of a traffic infraction. A person does not send, read, or write a text message when he or she reads, selects, or enters a phone number or name in a wireless communications device for the purpose of making a phone call. (2) Subsection (1) of this section does not apply to a person operating: (a) An authorized emergency vehicle; or (b) A moving motor vehicle while using an electronic wireless communications device to: (i) Report illegal activity; (ii) Summon medical or other emergency help; (iii) Prevent injury to a person or property; or (iv) Relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle. (3) Enforcement of this section by law enforcement officers may be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of this title or an equivalent local ordinance or some other offense. k4) Infractions under this section shall not become part of the driver's record under RCW 46.52.101. and 46.52.120. Additionally, a finding that a person has committed a traffic infraction under this section shall not be made available to insurance companies or employers. 2007 c 416 § 1.] VOTES: Effective date -- 2007 c 416: "This act takes effect January 1, 2008." [2007 c 416 § 2.] ittp://www.mrsc.org/mc/rcw/RCW%20%2046%20%20TITLE/RCW%20%2046%20.%2061%20%20CH... 2/26/2008