[HISTORY: Adopted by the Town Board of the Town of Marlborough 2-2-2010 by L.L. No.
1-2010.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Defense and indemnification — See Ch. 9.
Officers and employees — See Ch. 26.
Personnel policies — See Ch. 29.
Vehicles and traffic — See Ch. 145.
[1]
Editor's Note: This local law also repealed former Ch.
47, Vehicles, Town-Owned, adopted 1-28-1991, as amended.
This chapter is intended to set forth guidelines under which
Town-owned vehicles will be authorized to Town personnel use and the
parameters under which their vehicles shall be used and operated.
The majority of municipal vehicles are highly visible and subject
to public scrutiny. As a result, criticism is frequently received
from the general public concerning improper or unethical use of these
vehicles. This chapter will cause an increase in accountability surrounding
vehicle usage and the liability to the taxpayers of unauthorized use
of vehicles will be limited.
The provisions of this chapter apply to all Town of Marlborough
employees who operate municipal vehicles, inclusive to the Town of
Marlborough Police Department and the Town of Marlborough Highway
Department, except those operators that are regulated by a collective
bargaining agreement. As part of a department head's standard
operating procedure, he may adopt rules of operation that are more
stringent (but not less) than those of this policy.
A.
The
Town-owned vehicles are not personal vehicles and are not for personal
use. The Town Board may grant incidental usage, but that must be given
in writing and renewed on an annual basis.
B.
Town
vehicles must be viewed as belonging to the taxpayers of the Town
and are assigned solely for the purposes consistent with providing
services to those citizens.
C.
Employees of the Town who use municipal vehicles may be subject to
income tax as set forth by the IRS. Those employees should consult
with the Town Budget Officer regarding tax consequences and proper
withholding (Publication 15-B).
D.
Log books detailing the daily usage of each vehicle must be maintained
by the employee using the vehicle. Log books will be reviewed on a
monthly basis by the department head or his agent.
E.
No passengers shall be permitted in the vehicle, except those directly
involved in the municipal work activity.
F.
All vehicles shall have the Town logo prominently displayed on the
two front doors, except unmarked police vehicles.
G.
Town vehicles shall be assigned for use either directly to the employee
or to the department head only by approval of the Town Board.
H.
The Town is not liable for the loss or damage to any personal property
that may be on or in the vehicle. Such property is the responsibility
of the operator of the vehicle.
I.
All vehicle and traffic laws for operating a motor vehicle shall
be obeyed by the operator of the vehicle.
J.
Traffic summonses received while the motor vehicle is in the employee's
possession shall be the responsibility of that employee.
K.
Failure to abide by any of the terms in this chapter shall result
in the suspension of privileges and may result in termination of employment.
The Town Board authorizes the following employees to use Town-owned
vehicles:
A.
Employees who are authorized to use their personal vehicles in the
conduct of Town business shall be reimbursed for said use on a mileage
basis at the rate established by the Town Board at the annual organizational
meeting.
B.
Any employee using his or her vehicle for Town business must:
(1)
Obtain written authorization to use their vehicle from the Town Supervisor.
(2)
Carry a minimum automobile insurance coverage on the vehicle of $300,000/$500,000
liability/bodily injury and $50,000 property damage.
(3)
Verify in writing that the insurance coverage applies to municipal
usage of the personal vehicle.
(4)
Maintain a log book detailing mileage for reimbursement from the
Town.
As used in this chapter, the following terms shall have the
meanings indicated:
An employee of the Town that is required to respond to any
state of emergency, fire, flood or other natural disaster on a twenty-four-hour,
seven-day-a-week basis.
That usage of a municipally owned vehicle by an assigned
operator that is not related to his/her job. Incidental usage can
only occur during the normal working hours of the employee and only
within the legal limits of the Town of Marlborough. An employee may
be authorized in writing by the Town Board on an annual basis to conduct
non-job-related stops at banks, post office, library and schools.
The privilege may be revoked at any time by the Town Supervisor or
his agent.
