[HISTORY: Adopted by the Legislature of the County of Putnam 7-10-2001 by L.L. No. 13-2001; amended in its entirety 12-4-2001 by L.L. No. 16-2001. Amendments noted where applicable.]
Putnam County's motor vehicle policy shall apply to any and all Putnam County Departments and employees, including but not limited to all elected officials: Putnam County Executive, Putnam County Legislature, Putnam County Clerk, Putnam County coroners, Putnam County District Attorney, Putnam County Sheriff, and nonelected department heads, management, CSEA and DSBA employees, as well as any other employee who uses a County-owned or -leased vehicle in order to perform their assigned and/or elected duties on behalf of the residents of Putnam County. Solely, the Putnam County Executive shall oversee the policy, while operational compliance of said policy shall be the responsibility of each elected official and each department head with respect to their individual departments, to insure that the policy is being enforced.
It is the intent of the County of Putnam to provide County-owned or -leased vehicles for use by County employees to enhance their efficiency in their positions and to enable them to provide appropriate services to the public we serve. It is also the intent of the County of Putnam to provide a framework within which such vehicles will be used, so as to insure the safety and general welfare of all County employees and members of the general public.
All County personnel who operate a vehicle owned or leased by the County must use such vehicle in compliance with all motor vehicle and traffic laws as promulgated by the New York State Department of Motor Vehicles and/or any subdivision of New York State.
To the extent that the provisions of this policy conflict with and contradict the terms and provisions of collective bargaining agreements, such provisions shall not be enforceable against members of such bargaining unit until such time as those provisions are negotiated into the bargaining unit contract.
All employees who, as part of their job responsibilities, are required to operate a County-owned or -leased vehicle shall be required to participate in and be certified in the defensive driver safety course within the earlier of one year from the effective date of this policy, or within one year of their employment in such position, unless such course was unavailable or due to extenuating circumstances, in which case the employee will participate in the next available course. Said course shall be given at no cost to the employee and shall be repeated and renewed by each County employee in accordance with all applicable state regulations, so as to insure that said employee maintains a current and valid certificate of completion from said course at all times. The Putnam County Risk Manager shall have the responsibility to track and insure that all employees affected by this requirement are in compliance.
All County employees who utilize County-owned or -leased vehicles, on whatever basis, shall not engage in the use of alcohol or unauthorized controlled substances while using said vehicle. Furthermore, should drivers of County-owned or -leased vehicles engage in the use of alcohol or unauthorized controlled substances, they shall be subject to drug and alcohol testing in accordance with any applicable state and federal statutes and/or applicable bargaining unit contracts.
In the event that a County-owned or -leased vehicle is involved in an accident, the employee shall submit to an Alconsensor/Breathalyzer test within one hour of the accident, or as soon as possible thereafter but in no event beyond two hours of the time of the accident. Failure to comply with such test procedures shall be deemed a violation of this policy. This section will be implemented immediately, except where it conflicts with any union bargaining agreements.
In the event that a County-owned or -leased vehicle is involved in an accident and probable cause of being under the influence of drugs is determined by a law enforcement officer, the employee shall submit to a urinalysis test within one hour of the accident, or as soon as possible thereafter but in no event beyond two hours of the time of the accident. Failure to comply with such test procedures shall be deemed a violation of this policy. This section will be implemented immediately, except where it conflicts with any union bargaining agreements.
A. 
No employee of the county shall be entitled to the use of a County-owned or -leased vehicle on a twenty-four-hour basis as a condition of employment. Any and all vehicles that are assigned on a twenty-four-hour basis to those employees serving the County Executive and Sheriff will be under the approval authority of the County Executive and under the approval authority of the County Sheriff with respect to vehicle assignments within the Sheriff’s Department. Under no circumstance shall a County vehicle be assigned to the County Executive on a twenty-four-hour basis.
[Amended 11-3-2010 by L.L. No. 21-2010]
B. 
The Sheriff, Commissioner of Highways and Facilities, and Commissioner of Emergency Services serve in positions of responsibility which require them to be on call on a twenty-four hour basis. For that reason, coupled with security considerations and the need for access to communications equipment, it is the intent of this provision to authorize the above individuals unrestricted use of their assigned County vehicles while in the County or while attending to authorized County business. All other provisions of this vehicle policy apply to the above-referenced positions.
[Amended 11-3-2010 by L.L. No. 21-2010]
C. 
County employees, other than those three listed above, who are assigned vehicles on a twenty-four-hour basis will be given this privilege in order to insure that they have around-the-clock access to said vehicle in light of the fact that said employees are on call as well as to insure that they have access to the vital communications equipment contained therein. Despite the foregoing, however, said employees shall not utilize a County Vehicle when traveling on personal or private business.
[Amended 11-3-2010 by L.L. No. 21-2010]
D. 
No County-owned or -leased vehicle, including those of the Putnam County Sheriff's Department, shall be driven outside Putnam County with the following exceptions:
(1) 
To perform the duties of their employment during normal business hours of the County. Under no circumstances, during those hours, shall a vehicle go beyond the four contiguous counties to Putnam (Dutchess, Orange, Rockland, Westchester) without notification to the County Executive's Office. If the vehicle must travel outside those parameters, to or into nearby Danbury, New Fairfield or Ridgefield, Connecticut, the County Executive's Office must be informed prior to dispatch, or as soon as possible, or the next business day.
(2) 
If a vehicle is required to leave the borders of Putnam County other than during normal business hours of the County, it must be reported to the County Executive's Office on the first County business day following the event.
(3) 
In either of the two exceptions listed above, a copy of the dispatch that required the vehicle to leave the borders of Putnam County must be provided to the County Executive on the first business day following the event.
E. 
Additionally, the use of County-owned or -leased vehicles by County employees, other than those holding the positions listed above, shall be determined by the County Executive, and by the Putnam County Sheriff with respect to vehicles assigned to the Sheriff's Department. In so doing, the County Executive shall develop and dictate policy to individual department heads, who shall then be charged with the responsibility of carrying out said policy on a day-to-day basis.
F. 
Under no circumstances shall a County employee utilize a County vehicle for the purpose of regularly commuting to and from his or her place of County business. Rather, it is the intent and purpose of this policy to provide County employees with the discretionary use of a County vehicle for County business, including but not limited to driving to or from a County function, a County job responsibility, or to enhance job efficiency for an early meeting out of the County. It has as its purpose that said use of a County vehicle enhances an individual's performance of his or her duties and is not intended to provide said employees with a form of compensation.
All county employees who have use of a County-owned or -leased vehicle on a twenty-four-hour basis, or any County employee who may at any time utilize a County-owned or -leased vehicle, shall be required to execute and file a Putnam County vehicle policy certification form (acknowledging the receipt and acceptance of this vehicle policy) with the Director of Personnel. Effective immediately, upon passage of this vehicle policy, all new employees hired by the County shall be required to complete a certification at their orientation with the Personnel Department. During the first 30 days of passage of this policy, it will be the responsibility of both the County Executive and the County Sheriff to insure that all employees currently using County-owned or -leased vehicles under their auspices shall be required to fill out the necessary certification and file it with the Personnel Department. If an employee has not filed a certification within 30 days from passage of this policy, their right to drive a County-owned or -leased vehicle shall be revoked. Once an employee's certification is on file, such employee will be required to renew the certification annually with the Personnel Department. Failure to file annually may result in the revocation of the employee's privilege to use a County vehicle until such time as they have complied with the terms of this policy.
In general, County vehicles are to transport County employees in the course of their job function. Only passengers connected with or on official County business shall be transported by a County employee who utilizes a County-owned or -leased vehicle, whether on an intermittent or twenty-four-hour basis, in said vehicle. Spouses and immediate family members shall be considered authorized passengers under this provision, where said individuals are traveling with the County employee in connection with official County business and where the County Executive has issued approval for such passengers. Any New York State laws regarding the transportation of passengers in a vehicle must be adhered to, and it shall be the responsibility of the County employee who is the driver of said vehicle to insure compliance with such laws.
A. 
Use of a County-owned or -leased vehicle is a discretionary privilege by the County to the employee using the vehicle. In accepting and using the County vehicle, the employee agrees to operate the vehicle in a safe and business-like manner, in full compliance with all local, state and federal laws governing the operation of motor vehicles and in full compliance with the provisions of this County vehicle policy.
B. 
In the event of a vehicle accident or claim involving a County vehicle operated by a County employee, the employee shall be responsible for any losses if said vehicle accident is found to be a substantive usage violation of this vehicle policy. A substantive usage violation shall be defined as follows:
(1) 
The County vehicle was not being used for an authorized County business purpose for which the County Executive had issued approval prior to such use.
(2) 
The County vehicle was being used for purposes outside the scope of the driver/employee's employment with the County.
(3) 
The employee had engaged in the use of alcohol or a controlled substance while operating the County vehicle and or failed to comply with § 112-7, 112-8, or 112-9 of this vehicle policy.
(4) 
Any form of discipline which is available to the County of Putnam based upon the nature of the employee's status with the County (for example, a CSEA employee as opposed to a management employee) based upon the specific facts and circumstances of the incident involved.
(5) 
Complete and total loss of the use of a County vehicle on a permanent basis if deemed appropriate in light of the specific facts and circumstances of the incident at issue.
(6) 
Grounds for permanent revocation of County vehicle privileges.
(a) 
If a County employee is involved in an accident with a County-owned or -leased vehicle and has violated § 112-12B(3) of this policy, said employee shall automatically lose the use of any County vehicle permanently.
(b) 
If any employee driving a County-owned or -leased vehicle is involved in an accident and his/her blood alcohol content (BAC) is at or below 0.05 under Article 31 of the New York State Vehicle and Traffic Law, the County Executive shall have five days to make a final determination of the employee's driving privileges. If the ticket is issued under Article 31 of the New York State Vehicle and Traffic Law (or similar laws in the case of another state) and the employee's blood alcohol content (BAC) exceeds 0.05, he/she will have his/her County driving privileges revoked immediately. Once the court adjudicates the employee's case and the employee is found guilty, the employee will lose his/her County vehicle privileges permanently.
C. 
The County Executive shall be charged with the duty of determining whether or not a substantive usage violation has occurred. In the event that a substantive usage violation shall have been found by the County Executive in connection with said County vehicle accident and the County has sustained any loss or damage, e.g. vehicle damage, repair, replacement, personal injury judgment or settlement (hereinafter referred to as the "loss"), the County Executive may, in his/her sole discretion, charge back any or all of said loss to the employee. The County Executive shall advise the employee of the amount of said charge back in writing, which if not accepted by the employee and agreed in writing, shall immediately result in the loss of said employee's driving privilege, and may subject him/her to further job-related sanctions.
Any County employee who violates any section or provision of this policy shall be subject to any one or more of the following penalties, which shall be imposed by the County Executive or, if the accident involves the Sheriff's Department, the County Sheriff with notification to the County Executive.
A. 
All County-owned or -leased vehicle accidents, including Sheriff's Department vehicle accidents, must be reported to and investigated by the law enforcement agency with jurisdiction over the particular accident. In no circumstances shall the Sheriff's Department investigate its own accidents nor shall they conduct Alconsensor or Breathalyzer tests on members of their own department. All accidents must be reported to the department head immediately, but in no case more than 24 hours from the time of said accident or the next County business day. The department head will then report the accident to the County Executive immediately. In the case of an accident involving a department head, the accident must be reported directly to the County Executive within 24 hours or the next County business day. In either case, a written report of the events must be filed with the Putnam County Risk Manager within 48 hours or the next County business day. A copy of the police accident report, along with a copy of the Putnam County accident and incident reporting form, shall be filed by the appropriate or applicable department head with the County Risk Manager as soon as it is available. The Risk manager will provide a written monthly report of all accidents to the County Executive and Legislature.
B. 
If an employee is issued a parking or traffic ticket while driving a County-owned or -leased vehicle, he or she shall report the incident to their department head immediately. The department head shall report the incident to the County Executive within 24 hours or on the next County business day. In the case of a department head receiving a parking or traffic ticket, he/she shall report the incident to the County Executive within 24 hours of, or on the next County business day from, the violation. The report submitted by the employee and/or department head shall explain the events that led up to the ticket, and the employee and/or department head shall attach a copy of said ticket to the report.
C. 
If the ticket, parking or otherwise, is issued by an agency outside of the five-county region (Dutchess, Orange, Putnam, Rockland and Westchester) and the employee was outside the County limit without the specific authorization of the County Executive, the employee shall have their County car privileges revoked immediately. The County Executive shall then have five business days to make a final determination of the employee's driving privileges.
D. 
Failure by the employee and/or their department head (elected and nonelected) to report an accident or traffic ticket violation to the County Executive may result in revocation of his or her County vehicle driving privileges permanently.
Any and all accidents, parking and traffic tickets, and any disciplinary actions administered to an employee in compliance with this vehicle policy shall be reported by the County Executive through the County Risk Manager at the next regularly scheduled meeting or, if necessary, special meeting of the Putnam County Legislature's Personnel Committee.