City of East Orange, NJ
Essex County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of East Orange as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Drug and alcohol testing of employees required to maintain a commercial driver's license  — See Ch. 60, Art. XIV.
[Adopted 11-9-1998 by Ord. No. 18-1998; amended 8-21-2000 by Ord. No. 15-2000]

§ 84-1 Definitions.

As used in this article, the following terms shall be defined as follows:
AUTHORIZED PERSONNEL
City employees assigned or permitted by a department head to operate a vehicle; City officials and department heads authorized by the Mayor or the Boards of Police, Fire or Water Commissioners to operate a vehicle; the Mayor.
MUNICIPAL VEHICLES
All sedans, station wagons, sports utility vehicles, vans, trucks and equipment owned or leased by the City of East Orange or the Boards of Police, Fire or Water Commissioners for use by authorized City employees to conduct the business of the City.
OFFICIAL VEHICLES
Municipal vehicles used by City officials, department heads or employees to conduct City business.
POOL VEHICLES
Municipal vehicles obtained from a centralized group of vehicles used by authorized City employees to conduct City business.

§ 84-2 Lease of motor vehicles.

A. 
The municipality may lease municipal vehicles pursuant to this section, subject to the availability and appropriation annually of sufficient funds as may be required to meet the extended obligation.
B. 
Leasing municipal vehicles shall be as permitted by the Local Public Contracts Law;[1] provided, however, that such contracts shall be entered into only subject to and in accordance with the rules and regulations promulgated by the Director of the Division of Local Government Services of the Department of Community Affairs.
[1]
Editor's Note: See N.J.S.A. 40A:11-1 et seq.

§ 84-3 Mayor's vehicle.

A vehicle shall be provided for the use of the Mayor, equipped with the appropriate communications equipment.

§ 84-4 Labeling of municipal vehicles.

All new and existing municipal vehicles shall be plainly marked or lettered "City of East Orange, For Official Use," with the department or division also identified, which marking or lettering shall be in letters at least one inch in height conspicuously placed in a contrasting color on the vehicle. Labeling shall not apply to the vehicle used or operated by the Mayor. The City Council shall establish a budgetary line item to purchase the necessary decals for labeling. All municipal vehicles shall be licensed as a municipal government vehicle and shall display municipal government license plates. Vehicles used by the Police and Fire Departments for undercover investigative purposes shall be exempted from the requirements of this section.

§ 84-5 Motor vehicle use.

All official vehicles which are assigned to City officials, department heads or employees (with the exception of the Mayor, City Administrator and Chief of Staff) are to be made available for use on City business by all other members of their department. City officials and department heads assigned vehicles are allowed to drive their assigned vehicles to and from their home only if they reside in East Orange, unless granted an exemption by the Mayor.

§ 84-6 Use of City vehicles.

A. 
Persons assigned a vehicle shall be reimbursed for expenses incurred regarding maintenance and safekeeping following the submission of a voucher that details the expenses and dates incurred. Municipal vehicles are to be used for official work-related activities only. Only authorized persons may be transported in a municipal vehicle.
B. 
Unauthorized use or removal of a municipal vehicle may be cause for disciplinary action, up to and including termination of employment.
C. 
An employee may be held liable for a loss or damages to a municipal vehicle if the loss or damage is the result of gross negligence or reckless conduct on the part of the employee.
D. 
All occupants of municipal vehicles must wear their seat belts in compliance with laws of the State of New Jersey.
E. 
It shall be the employee's responsibility to possess the current vehicle registration and insurance card and make sure that the vehicle has a current inspection sticker.
F. 
Payment of traffic/parking tickets are the responsibility of the operator of the vehicle. Failure to attend to the summons and pay any fine required may result in disciplinary action, up to and including termination.

§ 84-7 Motor vehicle operator license requirements.

A. 
If the possession of a valid motor vehicle operator license is a condition of employment and that license is suspended or revoked for any reason, the employee may be subject to disciplinary action, up to and including removal from their position.
B. 
The employee shall inform his or her division head, within 24 hours of the event, if his or her motor vehicle license or commercial driver's license endorsement(s) is suspended or revoked for any reason. Failure to inform the City is sufficient cause for disciplinary action.
C. 
To use a municipal vehicle, an employee must possess a current, valid driver's license, which is valid for the class of vehicle to be driven. The operation of a municipal vehicle with a suspended or revoked license may be cause for disciplinary action, up to and including termination.

§ 84-8 Vehicle operation.

A. 
All employees operating municipal vehicles must comply with all motor vehicle and traffic laws. Failure to comply with all motor vehicle and traffic laws may result in disciplinary action, up to and including termination.
B. 
A municipal vehicle should be inspected prior to operation. Any defects found with the municipal vehicle before, during and after operation must be reported to the immediate supervisor.

§ 84-9 Motor vehicle accidents.

A. 
All motor vehicle accidents involving a municipal vehicle must be reported to the Police Department in the location where the accident occurs.
B. 
A vehicular accident report must be prepared by the driver and his immediate supervisor. Also, a vehicular loss notice must be prepared inclusive of all sketches and details. The completed reports are to be submitted to the appointee and/or department head responsible for vehicular accident records within 24 hours of the accident.
C. 
Vehicular accident report. The following procedures must be adhered to when an accident occurs:
(1) 
Stop and investigate immediately;
(2) 
Attend to injured first;
(3) 
Obtain names and addresses of owners, drivers and occupants of the other vehicle(s) involved;
(4) 
Obtain the other parties' insurance company names, addresses and policy numbers; and
(5) 
Do not discuss the accident nor sign any statements unless authorized to do so by an authorized City official, other than the police officer filing the report.

§ 84-10 Vehicle use and mileage reimbursement.

A. 
A municipal vehicle should be used for official business. An employee may only use a private vehicle to conduct City business with permission from the employee's supervisor when there is no municipal vehicle available. Employees who, through necessity, must use their private automobile for City business are eligible for reimbursement of mileage at a rate stated by City Council resolution. Employees shall be reimbursed for mileage following the submission of a voucher that details the actual number of miles traveled, the purpose of the trip and the specific dates of travel. Any toll and parking receipts are to be attached to the voucher.
B. 
Mileage may be charged under the following circumstances:
(1) 
To conduct City business when a municipal vehicle is not available;
(2) 
To attend a meeting pertaining to City business after normal business hours, in the evenings, holidays or weekends; and
(3) 
To attend a job-required training program or school sessions associated with employment with the City.

§ 84-11 Vehicle maintenance.

A. 
Assigned drivers are responsible for ensuring that the vehicles are kept clean, in good operating condition and are serviced in accordance with a representative maintenance schedule.
B. 
A log must be maintained for all maintenance performed on municipal vehicles. This log sheet must be submitted on a monthly basis to the central City garage for filing.

§ 84-12 Insurance.

A. 
The City of East Orange shall provide insurance coverage for the following purposes:
(1) 
To insure against any loss or damage however caused to any motor vehicle owned or leased by it or owned or leased by or under the control of any of its departments, boards, agencies or commissions.
(2) 
To insure against liability for its negligence and that of its officers, employees and servants, whether or not compensated or part-time, who are authorized to perform any act or services.
B. 
The City of East Orange shall provide uninsured motorist coverage for any one accident in the minimum amount required by the insurance laws of the State of New Jersey.
C. 
The City of East Orange shall provide insurance coverage for the authorized operators of all municipal vehicles against liability for damages to property.

§ 84-13 Scope.

This article shall apply to all municipal departments, including the Fire Department, Police Department and Board of Water Commissioners.
[Adopted 12-14-1998 by Ord. No. 20-1998]

§ 84-14 Definitions.

As used in this article, the following terms shall have the meanings indicated:
A. 
An employee or City official with authorization to operate a City of East Orange vehicle;
B. 
Any other authorized occupant of a City of East Orange vehicle; and
C. 
Any person that is entitled to recover damages because of bodily injury sustained by a person described in Subsection A or B above to which this coverage applies.
A. 
Includes a land motor vehicle or trailer of any type:
(1) 
To which no bodily injury liability bond or policy applies at the time of the accident;
(2) 
To which a bodily injury liability bond or policy applies at the time of the accident in which the limits for bodily injury liability must be less than the minimum limit for bodily injury liability specified by the Financial Responsibility Law of the State of New Jersey;
(3) 
Which is a hit-and-run vehicle whose operator or owner cannot be identified and which hits a City-owned vehicle, which an insured person is occupying; and
(4) 
To which a bodily injury liability bond or policy applies at the time of the accident but the bonding or insuring company:
(a) 
Denies coverage; or
(b) 
Is or becomes insolvent.
B. 
"Uninsured motor vehicle" does not include any vehicle or equipment:
(1) 
Owned by or furnished or available for the regular use of the insured;
(2) 
Owned or operated by a self-insurer under any applicable motor vehicle law;
(3) 
Owned by any governmental unit or agency;
(4) 
Operated on rails or crawler treads;
(5) 
Designed mainly for use off public roads while not on public roads; and
(6) 
While located for use as a residence or premises.

§ 84-15 Insuring agreement.

A. 
The City of East Orange Self-Insured Fund will pay damages which an insured is legally entitled to recover from the owner or operator of an uninsured motor vehicle because of bodily injury:
(1) 
Sustained by an insured; and
(2) 
Caused by an accident.
B. 
The owner's or operator's liability for these damages must arise out of the ownership, maintenance or use of the uninsured motor vehicle.
C. 
Any adjustment for damages arising out of a suit instituted without authorization of the City of East Orange and notice to the City is not binding on the City of East Orange.

§ 84-16 Exclusions.

A. 
The City does not provide uninsured motorist's coverage for bodily injury sustained by any person:
(1) 
While occupying or when struck by any motor vehicle owned by the insured which is not covered by bodily injury liability insurance. This includes a trailer of any type used with that vehicle.
(2) 
If that person or the legal representative settles the bodily injury claim without the authorization of the City of East Orange.
(3) 
Using a City-owned vehicle without a reasonable belief that the person is entitled to use the vehicle.
B. 
This coverage shall not apply directly or indirectly to benefit any insurer or self-insurer under any of the following or similar law:
(1) 
Worker's compensation law; or
(2) 
Disability benefits law.

§ 84-17 Limit of liability.

A. 
The limit of liability is $15,000 per individual and $30,000 per occurrence for this coverage. This is the maximum limit of liability for all damages resulting from any one accident. This is the most the City of East Orange will pay, regardless of the number of:
(1) 
Insureds.
(2) 
Claims made.
(3) 
Vehicles involved in the accident.
B. 
Any amounts otherwise payable for damages under this coverage shall be reduced by all sums:
(1) 
Paid because of the bodily injury by or on behalf of persons or organizations who may be legally responsible; and
(2) 
Paid or payable because of the bodily injury under any of the following or similar laws:
(a) 
Worker's compensation law; or
(b) 
Disability benefits law.

§ 84-18 Other insurance.

If there is other applicable similar insurance, the City of East Orange will pay only the City's share of the loss. The City's share is the proportion that the City's limit of liability bears to the total of all applicable limits.

§ 84-19 Arbitration.

A. 
If the City of East Orange and an insured do not agree whether that person is legally entitled to recover damages under this article or as to the amount of damages, either party may make a written demand for arbitration. In this event, each party will select an arbitrator. The two arbitrators will select a third. If they cannot agree within 30 days, either may request that selection be made by a judge of a court having jurisdiction.
B. 
Each party will:
(1) 
Pay the expenses it incurs; and
(2) 
Bear the expenses of the third arbitrator equally.
C. 
Unless both parties agree otherwise, arbitration will take place in Essex County. Local rules of law as to procedure and evidence will apply. A decision agreed to by two of the arbitrators will be binding as to:
(1) 
Whether the insured is legally entitled to recover damages; and
(2) 
The amount of damages.