[Adopted 2-9-1983 by Ord. No. 1-1983 (Art. 136 of the 1979 Codified Ordinances)]
[Amended 3-6-1985 by Ord. No. 5-1985]
Council is hereby authorized to create an Accident Review Board whose purpose shall be to review all accidents which occur involving damages to vehicles owned by the City and to determine who is at fault, to recommend assessment of damages and discipline employees involved in such accidents when necessary.
The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates or requires a different meaning.
ACCIDENT
Means any incident which results in damage to any motor vehicle which is the property of the City.
BOARD
Means the Accident Review Board.
DAMAGE
Means loss sustained which requires some repair to any motor vehicle owned by the City.
DAY
Does not include Saturday or Sunday and is limited to Monday through Friday.
OPERATOR
Means one who is in possession of or who is operating a City-owned vehicle at the time of accident.
REPORT
Means written information to be supplied the Personnel Office regarding the occurrence of an accident.
[Amended 6-11-1986 by Ord. No. 11-1986]
A. 
The Board shall be composed of five members who shall be appointed for a one year term by Council. A quorum shall consist of three members.
B. 
The members of the Board shall receive no compensation and shall, by majority vote, appoint a Chairman.
C. 
All recommendations made by the Board shall be reached by a majority vote of the members present and voting.
[Amended 3-6-1985 by Ord. No. 5-1985]
The Accident Review Board has the following powers and duties:
A. 
To hold hearings and hear evidence regarding all vehicle accidents involving City-owned vehicles.
B. 
To recommend assessment of damages on the responsible party or parties up to a maximum of $1,000 to the appropriate director of the department.
C. 
To recommend discipline of responsible party or parties, including but not limited to suspension for up to 10 days to the appropriate director of the department.
D. 
To recommend dismissal to Council of employees in appropriate cases.
[Amended 3-6-1985 by Ord. No. 5-1985]
An operator who is involved in an accident shall report such accident to the personnel office of the City within two days of its occurrence. Any person who claims that his City-owned vehicle was not damaged, shall within one day after the accident, bring his vehicle to the City Scale House, Second and Dock Streets, to have his vehicle examined by a member of the Highway Patrol who shall report his findings to the personnel office immediately.
A. 
A hearing before the Board shall be held within 90 days of the filing of the report with the personnel office.
B. 
The operator shall receive at least 10 days' written notice prior to the date of the hearing. The notice shall inform him of the date, time and place of the hearing. The notice shall also advise him of his right to have an attorney present and of his right to present evidence in his behalf.
C. 
After hearing the evidence presented, the Board shall make a determination of fault and if the operator is found to be responsible for the accident, the Board shall have the power to recommend one or more of the following sanctions:
(1) 
Assessment of damages up to a maximum of $1,000.
(2) 
Suspension of the operator from his employment without pay up to a maximum of 10 days.
(3) 
In the case of an employee who has been involved in three or more accidents or where the Board finds that the personnel policy of the City requires it, recommend to Council that the employee be dismissed.
(4) 
In addition to the sanctions mentioned above, any operator who does not report an accident to the personnel office within two days of its occurrence shall receive an automatic two days suspension from his employment without pay.
(5) 
Any person who is involved in an accident and fails to appear at the hearing of the Board after receiving proper notice shall receive an automatic suspension of two days without pay.
D. 
Any testimony presented before the Board and any findings of the Board or sanctions imposed by the Board may not be used as evidence in any other proceeding or be discoverable in any civil or criminal proceeding.
E. 
The Board shall render a recommendation in all matters within 30 days of the hearing and shall send written notice and a copy of their recommendation to the operator.
F. 
Any operator aggrieved by the recommendation of the Board may appeal to Council within 30 days of his receipt of the recommendation of the Board and shall receive a hearing before Council.
G. 
Any operator may appeal the decision of Council to the Court of Common Pleas of Delaware County within 30 days of the receipt thereof.
A. 
A copy of this article is to be given to every City employee. The Director or head of each department is to provide the Accident Review Board a list with the signature of every employee who received a copy of this article.
B. 
All new employees are to be given a copy of this article by the Personnel Department and are to acknowledge their receipt thereof by placing their signature on a document provided by the Personnel Department.