[HISTORY: Adopted by the City Council of
the City of East Orange as indicated in article histories. Amendments
noted where applicable.]
[Adopted 11-9-1998 by Ord. No. 18-1998; amended 8-21-2000 by Ord. No. 15-2000]
As used in this article, the following terms
shall be defined as follows:
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.
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.
Municipal vehicles used by City officials, department heads
or employees to conduct City business.
Municipal vehicles obtained from a centralized group of vehicles
used by authorized City employees to conduct City business.
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.
A vehicle shall be provided for the use of the
Mayor, equipped with the appropriate communications equipment.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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]
As used in this article, the following terms
shall have the meanings indicated:
Includes a land motor vehicle or trailer of
any type:
To which no bodily injury liability bond or
policy applies at the time of the accident;
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;
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
"Uninsured motor vehicle" does not include any
vehicle or equipment:
Owned by or furnished or available for the regular
use of the insured;
Owned or operated by a self-insurer under any
applicable motor vehicle law;
Owned by any governmental unit or agency;
Operated on rails or crawler treads;
Designed mainly for use off public roads while
not on public roads; and
While located for use as a residence or premises.
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.
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.
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:
B.
Any amounts otherwise payable for damages under this
coverage shall be reduced by all sums:
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.
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.
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:
