Upon approval of his/her supervisor, an employee may be required to use a district vehicle, or at times may be permitted to use a personal vehicle, while conducting district business. While using a personal vehicle, the employee will be reimbursed a mileage rate equivalent to the rate established by the Internal Revenue Service providing that the employee has a certificate of automobile insurance on file with the district. An accurate amount of total mileage must be maintained. In order to ensure that those employees using district vehicles are safe drivers, a California driver's license is required and the general manager shall check the employee's driving record through the Department of Motor Vehicles.
If operating a district vehicle, or a personal vehicle on behalf of the district, the employee shall comply with all district and state laws regarding the operation of motor vehicles, including state law requiring both driver and passengers of motor vehicles to wear seat belts. For drivers, use of a cell phone must be hands-free. Employees will be personally responsible for any traffic citation incurred unless excused by the general manager.
If an accident should occur, the employee must stay at the scene until a traffic accident report is prepared by the local law enforcement agency, unless the employee requires medical attention. The accident must be brought to the attention of the general manager immediately through the chain of command. If the accident was the employee's fault, and depending on the circumstances, the employee may be held personally liable for the damage and any liability claims arising from the accident. The accident, depending on the circumstances, may also be grounds for dismissal.
The following rules shall apply to the use of district vehicles:
A. Board of Directors. Board directors may check out a district vehicle to drive to and from approved meetings by reserving dates with the district secretary.
B. General Manager. The district requires the general manager to drive a vehicle, in order to be able to respond in emergency situations for the purpose of restoring or maintaining water services. Therefore, the general manager's employment contract may include a monthly auto allowance, paid as taxable income, in compensation for business use of his/her personal vehicle. In lieu of the auto allowance, the general manager may receive the use of a district-provided vehicle for his/her business and personal use. If so, the cost to purchase, maintain, and insure the district-provided vehicle will not exceed the amount of the auto allowance specified in the general manager's contract.
C. Assigned Vehicles. Certain district service vehicles are assigned to specific management and supervisory positions on a 24-hour-per-day basis for emergency purposes. Staff assigned vehicles must reside with sufficient distance from the district service territory to ensure the requirements of HDWDC §
3.40.070(F) are met. The acceptable distance shall be determined by the general manager on a case-by-case basis. A list of district employees who are assigned such vehicles is maintained by human resources. Such employees are authorized to use the vehicles assigned to them day or night to respond to district business requirements.
Certain district service vehicles are assigned to employees who are on call for emergencies that occur during nonbusiness hours. Such employees are authorized to use the vehicles assigned to them during the scheduled on-call periods to respond to district business requirements.
The above employees are also authorized to use the vehicle for transportation to and from their residence and to store the vehicle at their residence when the vehicle is not being used for district business. The above employees may also use the vehicle for educational activities, personal errands during lunch breaks and on their way to and from work, and for medical appointments occurring during work hours. With written approval from the general manager, the above employees may transport members of their immediate family (spouse and children) during lunch breaks and on their way to and from work. Transportation of any nondistrict personnel for nondistrict business requires the approval of the general manager. Any other use of such vehicles is not authorized, and unauthorized use of such vehicles will subject the employee to disciplinary action, up to and including suspension and/or termination.
Employees must comply with all district policies and procedures and must remain sensitive to the public's perception of them while using district vehicles. The transportation of firearms, alcoholic beverages or illegal drugs is prohibited.
Each employee assigned a district vehicle is responsible for Social Security and income taxes relating to the commuting value and will comply with all applicable Internal Revenue Service regulations.
D. All employees who drive a district vehicle will be required to sign the district employee vehicle use indemnification agreement.
E. Except as stated above, use of district vehicles outside of normal business hours may be made only upon prior approval of the general manager.
F. Except as stated above, district employees may use district vehicles only for transportation required to perform their official district duties.
G. Smoking is prohibited in all district vehicles, including those assigned to an employee and all vehicles available to employees for general district business such as pool vehicles, utility trucks, heavy equipment, etc.
(Res. 20-24; Res. 21-18)