[Adopted 5-11-1998 by Res. No. 165-1998]
This article regulates the management, assignment and use of
certain vehicles owned by Albany County; it supersedes all previous
statements on the subject.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of the Albany County Department of General
Services.
The County passenger vehicle and light truck fleet (Fleet)
is composed of all passenger vehicles, and trucks with a capacity
of less than one ton, owned by Albany County; it does not include
any vehicle registered to the Sheriff's Department, the Department
of Public Works or the Sewer District.
The County Executive, District Attorney, County Clerk and
the County Comptroller.
A unit of the Department of General Services.
The assignment of a Fleet vehicle for individual or departmental
use for a period greater than five days.
Matters directly concerned with County activities and for
which operating expenses are a proper charge to the County.
The County employee or department assigned a Fleet vehicle.
The assignment of a Fleet vehicle for individual or departmental
use for a period not to exceed five days.
Assignment of a Fleet vehicle to a Countywide elected official
upon the official's request.
The Division's mission is to maintain, manage and acquire the
Fleet in the most professional and cost-effective manner possible.
A.
Division staff will ensure that, before being issued or returned
from service, each vehicle is clean, fueled and road-tested.
B.
Division staff will complete in a timely manner all safety inspections,
vehicle recalls, routine maintenance and vehicle repairs they are
equipped to offer and will, when available, provide operators with
vehicles to replace those being serviced.
C.
Routine maintenance will be carried out within the time and mileage
guidelines specified by each vehicle's manufacturer.
D.
Division staff will maintain mileage, assignment and repair records
for each Fleet vehicle.
E.
Division staff will retain copies of all forms submitted pursuant to § 425-58A(5) and B(7) of this article.
F.
The Division shall provide information to the Department of Law as
necessary and required of the County by insurance carriers and/or
insurance consultants. Such information shall include, but not be
limited to:
(1)
A list of employee driver information for each employee to whom a
Fleet vehicle has been assigned; including, but not limited to, the
following: employee name, driver's license state of issue, motorist
identification number and expiration date; and
(2)
A current list of all Fleet vehicles, showing make, model, year,
vehicle identification number, plate number, New York State inspection
sticker number and date of acquisition; and
(3)
An updated list of all transfers, junked vehicles and new Fleet vehicle
acquisitions.
G.
The Division shall, during the Executive budget process, make all
necessary recommendations regarding the acquisition of additional
or replacement Fleet vehicles.
Failure to comply with the following requirements may result
in revocation of Fleet vehicle operating privileges and will be reported
to the operator's department head for appropriate action.
A.
Fleet vehicles under short-term or long-term assignment may be used
only on official County business. Examples of prohibited use include:
(1)
Commuting between the employee's home and office, unless such travel
is incidental to official County business;
(2)
Traveling on nights, holidays and weekends, unless such travel is
incidental to official County business;
(3)
Transporting persons or material to eating places, stores, social
or sporting events, places of entertainment or recreation, unless
such travel is incidental to official County business;
(4)
Transportation of passengers who are not County employees, unless
such transportation is incidental to official County business.
B.
The operator of a Fleet vehicle must possess a valid driver's license.
(1)
The Division may require employees to produce both their driver's
license and its conviction stub prior to being assigned any vehicle.
(2)
The Division may restrict the operation of vehicles by an operator
who carries moving violation "points" on their license and/or require
the operator to complete a "defensive driving" course prior to assignment
of a County vehicle.
C.
Fleet vehicles must be operated in accordance with all applicable
traffic and parking laws, as well as all Fleet rules and regulations
for proper use of vehicles set forth in this article.
D.
Deficiencies in vehicle maintenance or condition which prevent the vehicle from being operated in a safe manner shall be reported to the Division immediately by telephone; operators shall record all other deficiencies on the log forms submitted pursuant to § 425-58A(5) and B(7) of this article.
E.
Vehicle operators and department heads must cooperate fully with
the Department of Law regarding matters of risk management, insurance,
accident investigation and the defense of claims made against the
County by reason of an occurrence or accident involving any Fleet
vehicle.
F.
The operator of a Fleet vehicle shall be solely responsible for the
payment of any fine, costs or penalties, including those of legal
defense, resulting from violations of traffic law or parking regulations
during the operation or assignment of that vehicle.
(1)
Jurisdictions assessing fines, charges or costs will present notice
to the Division.
(2)
If the driver of the vehicle is identifiable, the Division will immediately
transmit the notice to the Commissioner of General Services, who shall
immediately refer it to the driver and his/her supervisor for payment
by the driver. If, within 10 days of receiving the notice, the driver
fails either to demonstrate that the notice is erroneous or to make
full payment as set forth in the notice, the County reserves the right
to seek payment from the driver through any other legal means.
(3)
If the driver is not identifiable, the charge shall be made to the
County department which requisitioned the vehicle.
G.
Tax reporting and tax liability. Any personal use of Fleet vehicles,
regardless of assignment type, has a taxable value to the operator,
and must be reported consistent with Payroll Bulletins provided by
the State of New York. Any tax liabilities so incurred are the responsibility
of the individual vehicle operator. Albany County maintains and assigns
Fleet vehicles to assist its employees in carrying out official County
business, not as a benefit or condition of employment.
All Fleet vehicles are assigned pursuant to the guidelines below.
A.
Short-term assignment.
(1)
Fleet vehicles are available for hourly or daily assignment to an individual operator upon approval by Division staff of a vehicle use requisition signed by the proposed operator's department head or the department head's designee. Such requisition must explain why commercial transportation or employee mileage reimbursement would be neither feasible nor cost-effective. Such requisition must also specify any anticipated vehicle use incidental to official County business as set forth in § 425-57A above.
(2)
The Division will review requisitions in the order they are received.
Requisitions may be submitted in advance of the date(s) for which
the vehicle is requested.
(3)
Short-term assignment vehicles must be returned to the specified
County lot or garage by the date and time stated on the approved requisition.
Vehicles assigned for more than one day shall be returned daily, at
the close of business, to the County lot or garage indicated on the
approved requisition.
(4)
Fleet vehicles under short-term assignment may be operated only by
the County employee or employees specified on the approved vehicle
use requisition.
(5)
Short-term assignment vehicles must be returned at the close of assignment
with a signed, completed log form. The form shall indicate the origin,
destination, odometer readings, mileage and purpose of each trip taken
while the vehicle was on assignment.
B.
Long-term assignment.
(1)
Fleet vehicles are available to any County department or employee for long-term assignment upon approval by Division staff of a vehicle use requisition signed by a County department head. Such requisition must explain why commercial transportation or employee mileage reimbursement would be neither feasible nor cost-effective; such requisition must also specify any anticipated vehicle use incidental to official County business as set forth in § 425-57A above.
(2)
The Division will review requisitions in the order they are received.
Requisitions may be submitted in advance of the date(s) for which
the vehicle is requested.
(3)
Requests for long-term assignment failing to meet the following criteria
will not be honored:
(a)
Personnel operating the vehicle will travel a minimum of either
three days per week or 8,000 miles per year on official County business;
and
(b)
The requesting department has documented that alternative transportation
or reimbursement would be more costly to the County than long-term
assignment.
(4)
Unless otherwise specified on the approved requisition, long-term
assignment vehicles must be stored overnight at the County lot or
garage indicated on the approved requisition.
(5)
Upon the conclusion of their assignment, long-term assignment vehicles
must be returned to the County lot or garage specified on the approved
requisition.
(6)
Fleet vehicles under long-term assignment may be used only by employees
of the County department specified on the approved vehicle use requisition.
(7)
Departments or individuals using long-term assignment vehicles must
submit weekly a completed log form. The form shall indicate the operator's
name, origin, destination, odometer readings, mileage and purpose
for each trip taken while the vehicle was on assignment.
C.
Unrestricted assignment. Fleet vehicles will be assigned to Countywide
elected officials for unrestricted use upon request.
D.
Approval, revocation and reassignment.
(1)
The Division will not authorize short-term or long-term assignment
requests when the use of available commercial transportation would
be both feasible and more economical than assignment of a Fleet vehicle;
any such requests may be denied at the discretion of the Commissioner
of General Services.
(2)
Notwithstanding any other provision of this article, the Division
reserves the right to:
E.
County Seal. The Seal of the County of Albany and the legend "Official
Use Only" shall be affixed to the front doors of each Fleet vehicle
with the following exceptions: vehicles on unrestricted assignment,
vehicles assigned to investigators of the District Attorney's office
and for other investigatory purposes and vehicles exempted by the
Commissioner as warranted by considerations of safety and confidentiality
and pursuant to a department head's written request explaining why
such conditions apply.
A.
Personal vehicles used on County business. The following guidelines
apply to liability for incidents which occur while a personal vehicle
is used on official County business with the authorization of the
operator's department head.
B.
Accidents or incidents involving Fleet vehicles. The following guidelines,
copies of which are to be kept in each Fleet vehicle, must be followed
by each vehicle operator with respect to reporting motor vehicle accidents
or incidents involving Fleet vehicles:
(1)
The local police agency must always be contacted when an incident
results in bodily injury or property damage, whether or not the involved
Fleet vehicle appears to be damaged.
(2)
The vehicles must not be moved or towed until the responding police
agency has directed that the vehicles be moved, unless the Fleet vehicle's
location poses an immediate and life-threatening hazard.
(3)
The Department of Law must be notified in writing within 10 business
days of any incident, whether or not the involved Fleet vehicle appears
to be damaged. The information contained in the written notice shall
include, but not be limited to, the following:
(a)
The name of the vehicle's operator at the time of the incident;
and
(b)
The name of the responding police department; and
(c)
A complete description of the circumstances of the incident;
and
(d)
The apparent damage, if any, to the County vehicle; and
(e)
Any photographs taken of the accident scene.
(4)
The operator's department must obtain a copy of the Police Accident
Report from the responding police agency and forward same to the Department
of Law upon receipt.
In case of reported violations of law, regulation or the provisions
of this article by an individual operator or County department, the
Commissioner of General Services shall determine whether or not to
suspend the violator's assignment privileges for a definite period
of time. In making that determination, the Commissioner may consider
any persistent pattern of previous violations. No suspension will
be imposed unless the Commissioner has discussed the matter with the
violator and their supervisor.
