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Kent County, DE Policy Manual
 
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[Adopted 9-16-2003 (P-14E)]
This Policy establishes procedures for the use of County-owned and personal vehicles for the conduct of County business.
A. 
Operating vehicles while on County business.
(1) 
Employees shall have a valid motor vehicle operator's license that is legal for the type of vehicle being driven.
(2) 
Employees shall be of sound mind and body when operating any vehicle. Vehicles are not to be operated if the employee has a physical impairment (i.e., illness and/or injury, etc.) or is under the influence of alcohol or any controlled substances which could impair the individual's physical and/or mental abilities. The restrictions also apply to individuals taking medications which impair the safe operation of a motor vehicle and/or medications that the manufacturer has provided specific warnings about operating a motor vehicle while using the product.
(3) 
Employees shall operate vehicles in a safe manner within the posted speed limits or at lesser speed, depending on existing road and weather conditions. Any moving or standing motor vehicle violation incurred by a Kent County employee while operating a vehicle on County business will be the sole responsibility of the employee operating the vehicle and promptly reported to the employee's supervisor.
(4) 
Seat belts shall be worn at all times in vehicles so equipped. Employees will operate vehicles in compliance with all the provisions of Title 21 of the Delaware Code.
(5) 
Smoking is prohibited in all County vehicles.
B. 
Private vehicles used for County business.
(1) 
All requirements set forth in Subsection A of this Policy apply, with the exception of Subsection A(5).
(2) 
Any motor vehicle used for County business must have and maintain valid automobile insurance with at least the minimum liability coverages required by law.
(3) 
When an employee's personal vehicle is used during the execution of authorized County business, the employee is eligible for mileage reimbursement at a rate that is determined by the Levy Court. Appropriate request forms must be submitted to receive reimbursement. "Authorized County business" refers to any activities that are consistent with an employee's assigned duties. These duties include, but are not limited to, office-related errands, off-site meetings, seminars and conferences.
(4) 
Employees traveling out-of-state and/or overnight are required to document all mileage and additional expenses incurred during their excursion on a "Kent County Travel Expense Report" form.
C. 
County vehicles.
(1) 
County-owned vehicles are to be used for the sole purpose of conducting Kent County business, except as provided herein. Non-employee passengers are not permitted in County vehicles except those persons with a legitimate government business purpose, those persons participating in department head approved ride-along programs (provided a waiver of liability is properly executed), or as authorized by the County Administrator.
(2) 
County vehicles are only to be operated by Kent County employees, with the exception of employees from federal, state and local governments, employees of firms supplying materials, equipment or services required to conduct County business and Volunteer Fire Company members, who shall operate any County vehicle in a safe manner consistent with this Policy. When necessary, the Kent County Sheriff and his or her deputies may use their vehicles to transport persons and/or documents relating to business affiliated with the state courts or County.
(3) 
Departments in possession of County vehicles are to maintain a daily log that will detail each time the vehicle is used, who is operating the vehicle, destination, mileage, gasoline purchases and any part replacement and/or repairs. These daily reports shall be retained for a period of 24 months. Copies of the daily logs will be forwarded to the Finance Director by the 5th of each month for the maintenance of a scanned record. That information will be used to compile a comprehensive report that will accompany the department's annual budget submission.
(4) 
No County employee is to use a County vehicle to transport any material or equipment that is not the property of Kent County, rented by Kent County or legally in the possession of Kent County. No employee is to use a County vehicle to transport staff members on personal errands, to transport family or other persons to places outside the normal travel work hours and route between home and work, or for travel of a personal nature outside Kent County.
(5) 
Any County employee assigned a County vehicle for on-call use will only use it to travel to and from work and during situations where work-related travel is required after hours. Employees assigned a County vehicle will be allowed to make personal stops of short duration while traveling to and from work (i.e., pharmacy, dry cleaners, etc.). No other uses are permitted. Employees on vacation or extended sick leave shall leave assigned vehicles at the work site to be available for use by others.
D. 
Vehicle incidents, accidents and insurance claims (applies to County-owned vehicles and any vehicle(s) used to conduct County business).
(1) 
All accidents that occur involving an employee who is conducting County business, regardless of the severity, will be immediately reported to the department manager of the involved party. This applies to both County-owned and employee-owned vehicles. The department manager will determine whether immediate notification of the County Administrator is required. All serious accidents involving personal injury or damage to another party's vehicle or property will be reported to the County Administrator as soon as possible. The County Administrator will determine the urgency and evaluate the need to provide information to the Levy Court.
(2) 
County employees authorized to operate County vehicles shall report any defects in the vehicles that would impair their safe operation to their supervisor and/or department manager immediately. Such defects noticed during non-work hours will be reported to the supervisor and/or department manager at the beginning of the following working day.
(3) 
Accident and incident reports will be filed no later than the beginning of the following workday. All reports must be submitted to the Insurance Claim Officer in the Personnel Office, with a copy forwarded to the County Administrator. In incidents involving an employee- or other-owned vehicle used for County business, the County will reimburse the owner for the amount of his or her insurance deductible up to the limit allowed on the County's own auto policy.
E. 
Gasoline purchases.
(1) 
The Kent County Finance Department shall oversee all bulk gasoline purchases necessary for Kent County, in addition to the procurement and administration of gasoline credit cards.
(2) 
Gasoline cards shall be issued by the Finance Department to departments with vehicles. Each department will maintain list of authorized users, with a copy forwarded to the Finance Department.
(3) 
Gasoline is to be purchased by authorized County employees for use in County-owned vehicles only.
F. 
Disciplinary measures.
(1) 
Employees violating this Policy shall be subject to disciplinary action up to and including termination and/or the suspension of use privileges.
(2) 
Elected officials or deputies violating this Policy shall be subject to suspension of use of County-owned vehicles and/or no mileage reimbursement for such period(s) of time as determined by Levy Court.
[Adopted 10-25-1994 (P-58)]
This Policy sets up guidelines and rules for the use of County vehicles for carpooling to assist in compliance with the Clean Air Act.
A. 
A minimum of two people in each vehicle will be required to form the carpool. The driver will be responsible for keeping all mileage logs and records.
B. 
Non-County employees may be allowed to participate.
C. 
Carpool participants must carpool four days per week.
D. 
Rules of the carpool arrival times, late policy, and other procedures will be set up by the participants of each carpool. These rules will include the procedure to follow if the driver is sick, on vacation, or unable to drive on any given day.
E. 
There will be a "Guaranteed Ride Home" policy for emergencies. If a person needs to get a ride home before the end of their regularly scheduled workday, the County will provide another vehicle to give him or her a ride home.
F. 
After work hours, vehicles will be used for car pooling only. Stops for other than discharging or picking up participants are limited to circumstances authorized by the department manager responsible for the vehicle.
G. 
A nominal fee will be charged to participants; it may be waived for the driver. Fees will be prepaid monthly at the appropriate County office. The fees will be determined by the amount of the additional cost of operating each vehicle, divided by the number of participants.
H. 
The County Administrator shall designate a certain number of parking spaces sufficient to meet the needs of carpooling employees, and special car tags shall be provided to indicate authorization to park in the reserved spaces. Employee or other vehicles parking in said spaces without authorization shall be subject to towing at the owner's expense.
[Adopted 12-8-1998 (P-75)]
This Policy establishes a requirement that employees regularly operating County-owned vehicles achieve and maintain defensive driving certification.
A. 
The County will coordinate, sponsor, and/or offer defensive driving training classes on a regular basis to its employees.
B. 
All County employees will be eligible to participate in County-sponsored defensive driving training up to the maximum number permitted in the class. Priority will be given to those employees who regularly operate County-owned vehicles, as determined by the Personnel Director.
C. 
Employees who regularly operate County-owned vehicles shall attend a defensive driving course within one year of the start of County employment. Said employees shall maintain defensive driving skills through recertification every three years during their employment with Kent County.
D. 
Costs associated with the required defensive driving classes and recertification shall be paid by the County for those employees regularly operating a County-owned vehicle. Other interested employees must pay for normal course costs.
E. 
Employees failing to achieve or maintain required defensive driving certification shall be subject to disciplinary action up to and including termination.
[Adopted 9-10-2002 (P-87)]
This Policy establishes requirements for the safe operation of motor vehicles by County employees who drive a vehicle in the performance of County duties.
A. 
Employees shall possess and maintain a valid motor vehicle operator's license that is appropriate for the type of vehicle being driven.
B. 
Employees shall report to their respective supervisor all motor vehicle violations in any jurisdiction, including those received operating non-County-owned vehicles.
C. 
Employees with special motor vehicle operator's licenses and/or endorsements (i.e., CDL) shall maintain compliance with provisions of the state and federal statutes for such designations.
D. 
Seat belts shall be worn by the driver and all passengers in vehicles so equipped.
E. 
Employees not wearing a seat belt while driving a County-owned vehicle or driving any vehicle in the performance of County duties, while said vehicle is in motion, shall be subject to progressive disciplinary action.
F. 
At least once per calendar year, the motor vehicle record of employees regularly operating County-owned vehicles or driving any vehicle in the performance of County duties shall be reviewed by the Personnel Director. Employees and their respective department heads will be advised of any unreported or serious violations. For the purpose of determining whether County employees will be permitted to drive County vehicles, or drive vehicles in the performance of their County duties, the Personnel Director will evaluate the points assigned to an operator's license for a County employee based on when points are accumulated. Points assigned to an operator's license for motor vehicle violations over one year old shall be reduced by one-half; points assigned for violations over two years old shall be reduced by one-half again; and points for violations over three years old shall not be counted.
G. 
Employees with motor vehicle records which indicate revocation or suspension shall not be permitted to drive a County-owned vehicle or drive any vehicle in the performance of County duties. Employees whose position description requires the retention of a valid motor vehicle operator's license shall be subject to termination.
H. 
Employees who drive a County owned vehicle in the performance of County duties and accumulate motor vehicle operator violation points, by their state of residence, shall be subject to the following:
Number of Points Accumulated
Consequence
4 — 5
Loss of commuting privileges for one week
6 — 7
Loss of commuting privileges for one month
8 — 9
Loss of commuting privileges for six months
10 or more
Prohibited from driving any County vehicle and possible termination
I. 
In addition, employees who drive a County-owned vehicle in the performance of County duties and who are charged or accumulate motor vehicle operator violation points while operating a County-owned vehicle shall be subject to the following additional disciplinary action:
Number of Points Accumulated
Disciplinary Action
2 — 3
Oral reprimand
4 — 5
Written reprimand
6 — 7
Suspension without pay
8 or more
Possible termination
J. 
Employees incurring a motor vehicle violation which imposes five points or more on his or her motor vehicle record (i.e., reckless driving, aggressive driving, 15 miles over the speed limit, etc.) shall not be permitted to drive a County-owned vehicle or drive any vehicle in the performance of County duties, and shall be subject to termination if his or her position description requires the retention of a valid motor vehicle operator's license. Employees enrolling and successfully completing the DUI first offender's program may retain their positions, provided the individual agrees to random alcohol and/or drug testing at his or her cost as directed by the Personnel Director and sufficient staff is available to drive the employee's assigned County-owned vehicle(s) during the program period and any related motor vehicle operator's license restrictions.
[1]
Editor's Note: See also § 4-4, Use of vehicles for County business.