[HISTORY: Adopted by the Common Council of the City of Gloversville 6-25-2013 by Ord. No. 6-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Officers and employees — See Ch. 42.
A. 
The purpose of the Vehicle Usage Ordinance is to prescribe those terms, conditions, and requirements relative to the use of City-owned vehicles by elected officials and City employees. Additionally, this chapter and guidelines will produce a full understanding on the part of City elected officials/employees of their responsibilities concerning the use of City-owned vehicles.
B. 
It is the City's goal to maximize an employee's effectiveness to do his or her job within a framework of resources available. Compliance with this chapter will ensure that vehicle resources are effectively utilized to the greatest extent possible in job performance.
C. 
This Vehicle Ordinance and these guidelines will be reviewed and updated on an annual basis.
D. 
Violations of this chapter will be resolved by the use of employee contract and or New York State Penal Law.
City employee(s), who by the nature of their job are on emergency call 24 hours a day, are assigned City vehicles under the following guidelines:
A. 
It has been determined that these employees are allowed to take their assigned City vehicles home with them so they can respond to City emergencies.
B. 
A twenty-four-hour vehicle is to be used for emergency response only, except for limited personal use. (Example: A stop for a personal errand on the way between an official stop and the employee's home.)
NOTE: There are other City employees who because of their experience and expertise are on call for emergencies 24 hours a day. However, unless these employees need to get to an emergency situation at high rates of speed, with sirens and flashing lights, they can drive to the motor pool area and pick up the City vehicle needed to address the emergency conditions. These "twenty-four hour employees" should have a vehicle key assigned to them.
C. 
If determined by the Common Council, other City employee(s) may be added to the above list and assigned twenty-four-hour vehicles.
D. 
It is required that employees driving twenty-four-hour vehicles limit personal usage to commuting miles.
E. 
Unless federal or state law supersedes City ordinance, all employees driving "twenty-four-hour vehicles" must record and report personal mileage.
(1) 
In order to determine the percentage of personal and business usage, an official mileage log must be used. The Finance Commissioner's office will provide this form.
(2) 
Personal use of an employer-provided vehicle is taxable income to the individual. Personal use includes commuting to and from work as well as local and out-of-town personal travel.
(3) 
The IRS has provided four methods of determining the personal use value of a City-owned vehicle. The Finance Commissioner's office will determine which method will be used in reporting to the IRS what is considered an "employer-provided benefit."
F. 
Vehicles will be returned to the appropriate department for utilization prior to an individual's vacation or an extended leave which consists of any period of one week or more.
All other City vehicles not determined to be twenty-four-hour vehicles, but assigned to individuals for the performance of their workday duties, will follow the guidelines for motor pool vehicles.
A. 
Vehicles will remain at a designated work site or garage facility after business hours from 5:00 p.m. to 7:00 a.m.; except plow vehicles which will be under the guise of the DPW department head.
B. 
Use of these vehicles is limited to business only.
C. 
Employees, with permission from their department head/immediate supervisor, may use a motor pool vehicle for business-related activities after regular business hours when necessary.
D. 
Personnel from departments not assigned vehicles may obtain City pool cars by contacting the Department of Public Works and, upon availability, be given keys to a vehicle along with signing a log which includes make of vehicle, destination, time leaving and returning to City Hall and following general guidelines on the log form.
E. 
Meal breaks. City-owned vehicles may be used for meal breaks on a limited basis, if it is in conjunction with regularly scheduled business. For example, an employee may be allowed to use a City vehicle for a meal break, if he/she has business immediately before or after the meal break.
F. 
Subject to supervisory discretion and control, City-owned vehicles may be used on a limited basis to pick up food supplies for City workers who cannot leave their work site, provided the vehicle is used locally (within five miles of the work site and not outside of the City of Gloversville).
A. 
City-owned vehicles may be used only for official business and are not additional compensation or added benefit for the City of Gloversville elected officials.
B. 
All nonemergency vehicles, with the exception of police and fire vehicles, will be stored in a City parking facility (lot) between the hours of 5:00 p.m. and 7:00 a.m. unless formally requested and approved by the Mayor. If the vehicle use involves the Mayor, notice of event or emergency must be made to the Common Council within 72 hours following the use of the City vehicle.
C. 
Non-City employees, including relatives or spouses of the City employees/officials, will not ride in the City vehicles.
D. 
A daily log use will be maintained for all City vehicles, with the exception of police and fire vehicles, which will contain the following information on vehicle use for each day or each trip as appropriate: date, beginning odometer reading, ending odometer reading, driver name and purpose of use.
E. 
All operators must have a valid New York State driver's license. Out-of-state licenses must be replaced with a New York State license within 90 days of date of hire.
F. 
Maintenance. Each department is responsible for vehicle maintenance, including gas, oil, cleanliness, inspections, etc. The vehicle's exterior and interior should be kept neat and clean.
G. 
Official plates. All City-owned vehicles must have official license plates. Exception: Public Safety vehicles (e.g., undercover cars).
H. 
Any employee/elected official using a City vehicle shall have his/her driving record reviewed and must complete documentation to allow facilitation of this review. This shall determine his/her eligibility to operate a City vehicle. (Employee's contracts and City vehicle insurance company provides guidelines.)
I. 
The City of Gloversville is not responsible for any moving traffic violations, parking tickets, or any other City ordinances or state/federal laws regarding the driving habits, and operation/care of a City official or employee's personal motor vehicle. Any tickets issued are their responsibility, even if the ticket is issued while conducting business for the City of Gloversville.
J. 
All records will be maintained in the Office of the Department of Public Works by the administrative assistant. All logs and requests for the officials will be included in the monthly Common Council audit. Department heads will be responsible for review of their employee's logs.
To ensure that all accidents involving City-owned vehicles are properly and thoroughly recorded.
A. 
Rule I. When an accident occurs that results in personal injury to any person or damage to other than City-owned property, the vehicle operator must do the following:
(1) 
Report the accident to the police by calling 911 immediately. If outside the City, report the accident to the police agency having jurisdiction for that area.
(2) 
Get the name and addresses of all witnesses to the accident and give this information to the investigating police officers.
(3) 
Do not discuss the accident or make statements concerning the accident to any one at the scene except the police officers investigating the accident. The New York State Vehicle and Traffic Law requires the vehicle operator to show his/her operator's license to any other person involved in the accident. Registration certificates are on file in the department office. If you are asked for information concerning insurance coverage, state that the City of Gloversville is self-insured.
(4) 
Report the accident to your department head or his or her representative immediately. Your department head or representative must report the accident and the City Clerk's office the beginning of the next business day.
(5) 
The State Motor Vehicles Report (MV 104) is to be completed before the end of the next business day and submitted to the City Clerk's office for review by the City Attorney's office prior to filing with the State Department of Motor Vehicles. The New York State Vehicle and Traffic Law places the responsibility for filing the report with the operator. Make sure the report is filed by you through your department head.
(6) 
Under no circumstances give any statement orally or in writing concerning the accident to any person other than your department head or the police officers investigating the accident.
B. 
Rule II. When an accident occurs that results in no personal injury to any person or damage to other than City-owned property, the vehicle operator must do the following: Report the accident immediately to your department head, City Clerk's office and City Attorney's office.