[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.