[Adopted 1-8-1986]
A.
Towns all over New York State are suffering from extremely
high municipal liability insurance rates. The Town of Massena is no
exception. The Town has recently been notified that, effective January
1, 1986, our insurance carrier reserves the right to cancel the Town's
liability insurance in the event that any municipal employee who has
a prior conviction for driving while intoxicated or driving while
ability impaired is allowed to operate a municipally owned vehicle.
B.
It is necessary, therefore, that the Town institute
a new policy with respect to all Town employees who operate municipally
owned vehicles and equipment, including but not limited to Town of
Massena Highway Department employees.
Effective January 1, 1986, the following policy
will go into effect concerning all employees who operate municipally
owned vehicles and equipment:
A.
No employee is to consume or use alcoholic beverages,
drugs or chemicals during working hours.
B.
If an employee has been drinking after working hours
and is called in to work overtime (this includes instances where drivers
are called in to clear roads during storms), the employee must notify
the supervisor at the time the employee is called. An employee will
be deemed unable to work in such circumstances and will forfeit any
and all overtime pay/benefits for that pay period.
C.
Any Town highway employee, Town employee or person
who acts on a volunteer basis, who operates a municipally owned motor
vehicle or equipment, who has been convicted of an alcohol- or drug-related
driving offense, i.e., driving while ability impaired (DWAI) or driving
while intoxicated (DWI), during working hours may be suspended without
pay for the amount of time during which his or her license or driving
privilege in New York State is suspended or revoked or for a longer
period of time. In any event, the employee will not be allowed to
operate the municipally owned vehicles at any time during the period.
D.
Any employee who reports for work who has been drinking
or who is intoxicated may be sent home without pay and/or discharged
from employment.
E.
Any employee whose job involves operating municipally
owned vehicles and/or equipment, who has had his or her driving privilege
and/or license revoked for a DWI or DWAI conviction may be suspended
from Town employment for the time of the revocation/suspension or
may be permanently terminated from employment.
F.
All employees will be notified of any future changes
enacted by the New York State Legislature which affects them concerning
operation of municipal motor vehicles and equipment.
A.
It is the hope of the Town Board that all employees
understand the position of the Town. In order to obtain and maintain
liability insurance for this municipality, it is necessary that the
Board institute measures designed to eliminate all possibility of
liability and/or cancellation.
B.
A copy of the conditions of employment is available
for review upon the request of any Town employee, during working hours,
from said employee's departmental supervisor.
