Chapter 2.32
COUNTY VEHICLES
Sections:
2.32.010 County motor vehicle pools established.
2.32.020 Vehicle assignment and storage.
2.32.030 Misuse of County vehicles.
2.32.040 Use of privately owned vehicles for County business purposes.
2.32.010 County motor vehicle pools established.
There are established two County motor vehicle pools, from which all County motor vehicles licensed for highway travel shall be assigned. One motor pool shall consist exclusively of vehicles and related equipment assigned to the Department of Public Works and the other shall consist of all other County motor vehicles. For purposes of this chapter, “County vehicle” means a motor vehicle owned or maintained for use or service by the County. [Ord. 5285 § 8, 2018; Ord. 3869 § 1, 1987; Ord. 2487, 1977; Ord. 1466, 1969; Ord. 1302, 1968; Ord. 563, 1958; prior code § 5.20.010].
2.32.020 Vehicle assignment and storage.
(A) Assignment. County vehicles shall be assigned from the general County or Department of Public Works motor vehicle pool for use on County business in accordance with rules established by the County Administrative Officer. All permanent overnight assignments of vehicles to County officers and employees shall be made by either the County Administrative Officer or the Director of the Department of Public Works. A County officer or employee to whom a vehicle is assigned on a permanent overnight basis may use the vehicle for commuting to and from work and for any County business outside regular working hours, SCCC 2.32.030 notwithstanding.
(B) Storage. When not in use, County vehicles shall be stored in County garages and premises to the limits of the available capacity. In the event that the number of County vehicles exceeds the space in County garages or premises, persons using County vehicles may be permitted to provide overnight off-street parking of such vehicles under rules established by the County Administrative Officer.
(C) Service and Repair.
(1) Vehicles assigned from the general County motor vehicle pool shall be serviced and repaired at the general County motor vehicle pool when necessary, in accordance with standard practice, and under such rules as may be established by the County Administrative Officer.
(2) Vehicles and equipment of the Department of Public Works shall be garaged, serviced and repaired within facilities maintained by the Department for that purpose.[Ord. 5285 § 8, 2018; Ord. 3869 §§ 2—4, 1987; Ord. 2487, 1977; Ord. 1466, 1969; Ord. 1302, 1968; Ord. 563, 1958; prior code §§ 5.20.020—5.20.060].
2.32.030 Misuse of County vehicles.
(A) It is unlawful for any person to use, drive, employ or operate any County vehicle for any purpose other than a County purpose.
(B) Designated Prohibited Uses. Examples of uses of a County vehicle for purposes other than County purposes include, but are not limited to:
(1) When driven other than in the performance of or necessary to the duties pertaining to County business;
(2) When driven to or from the driver’s residence, unless departing upon or returning from an official trip under circumstances which make it impractical for such person to use other means of transportation;
(3) When driven to or from the driver’s residence, after completion of such person’s workday, unless the vehicle is to be used by that person in the conduct of County business on the same day or before their usual working hours on their next succeeding workday, and where such later use has been authorized in advance by their department head;
(4) When driven between the driver’s residence and place of work, unless with permission when no County garage facility or premises are available;
(5) When driven other than in the conduct of County business by a subordinate acting on direction from their supervisor;
(6) When driven in violation of State or local laws;
(7) When it clearly appears that the person operating a County vehicle failed to exercise reasonable and proper judgment.
(C) Disciplinary Action. Misuse of a County vehicle may be grounds for discipline, up to and including discharge by the employee’s appointing authority.
(D) Suspension of Driving Authority. Misuse of a County vehicle may be grounds for revocation or suspension of a person’s authority to drive a County vehicle.
(E) Supervisor’s Liability. Where and to the extent that a supervisor directs or authorizes misuse of a County vehicle, the supervisor and not the subordinate shall be liable.
(F) Investigation.
(1) Within 30 days after the County Administrative Officer or their designee has reasonable cause to believe that misuse of a County vehicle has occurred, or has been notified of such alleged misuse, that person shall initiate an investigation to determine the following:
(a) Whether misuse occurred;
(b) The person responsible for such misuse;
(c) The actual costs resulting from such misuse.
(2) Any person involved in the reported misuse shall, during the course of the investigation, be given an opportunity to explain their conduct.
(3) Notice of Decision. Within five days after concluding the investigation, the County Administrative Officer or their designee shall make a decision as to whether misuse occurred and what actual costs will be assessed against the employee for the misuse and serve a copy thereof on the person(s) involved.
(G) Liability for Costs. Every person shall be liable to the County for actual costs not otherwise covered by insurance proximately resulting from any misuse of a County vehicle by that person or with that person’s consent.
(1) The County Administrative Officer, or their designee, shall determine the amount and enforce the collection of actual costs attributable to misuse of County vehicles.
(2) Actual costs shall include:
(a) Expense of operation of a County vehicle for the distance traveled during misuse, or where the misuse amounts to an unreasonable deviation, the distance traveled in excess of the shortest practical route, computed on a mileage basis in accordance with the established mileage rate for payment of private mileage claims;
(b) Any and all damage to the County vehicle, and other property, proximately resulting from such misuse; provided, that a credit shall be allowed equal to any amount paid to the County by a third party;
(c) The amount of any judgment or claim not covered by insurance that the County pays by reason of the death, injury or damage to person or property arising out of misuse of a County vehicle, including interest at the legal rate accruing from the time of payment by the County, to the extent the judgment or claim results from an act or omission of the employee outside the course and scope of employment. For purposes of this subsection, “outside the course and scope of employment” includes, but is not limited to, the examples set forth in subsection (B) of this section. [Ord. 5285 § 8, 2018; Ord. 2601, 1978; Ord. 563, 1958; prior code §§ 5.20.070—5.20.230. Formerly 2.32.070].
2.32.040 Use of privately owned vehicles for County business purposes.
(A) Authority. County employees may use privately owned motor vehicles for County business when they are individually authorized by the head of their department, or that person’s designee.
(B) Insurance.
(1) Every County employee who uses their privately owned vehicle on County business pursuant to subsection (A) of this section must have in effect insurance which covers the employee while using the vehicle on County business.
(2) The insurance coverage shall be not less than $15,000 for bodily injury to or death of each person as a result of any one accident and, subject to such limit as to one person, the amount of $30,000 for bodily injury to or death of all persons as a result of any one accident, and the amount of $5,000 for damage to property of others as a result of any one accident.
(C) Reimbursement for Use. County employees who use privately owned vehicles for County business in accordance with subsection (A) of this section shall be reimbursed for such use in accordance with established mileage rates. [Ord. 5285 § 8, 2018; Ord. 2991, 1980; Ord. 2835, 1980; Ord. 2061, 1978; Ord. 2020, 1974; Ord. 1303, 1968; Ord. 1216, 1966; Ord. 563, 1958; prior code §§ 5.20.240—5.20.260. Formerly 2.32.200].
2.32.050 Traffic collisions.
(A) Report Requirements. Whenever a person engaged in driving while on County business is involved in a traffic collision, that person shall, within 24 hours of the collision, make or cause to be made a report of such collision to the Risk Management Division of the Personnel Department. Such report shall be treated as a confidential document and a copy of the report shall become a part of the files of the County Personnel Department.
(B) Investigation.
(1) The appropriate appointing authority shall investigate or cause to be investigated each motor vehicle collision in which a person engaged in County business is involved and determine the cause of and responsibility for such collision, and whether it was a preventable collision. As used herein, the term “preventable collision” means a collision in which the County employee failed to use every reasonable means to avoid the collision.
(2) In the event that the appointing authority determines that a collision was preventable, the authority may suspend or revoke the authority of the employee to drive a vehicle on County business.
(3) The Risk Management Division of the Personnel Department shall receive a copy of the collision report and investigation report, if any, for purposes of investigation, training and counseling to departments on collision prevention and traffic safety.
(C) Disciplinary Action. If the appointing authority determines that a collision was preventable, the appointing authority may impose disciplinary action on the employee as may be appropriate, up to and including discharge, pursuant to applicable County Civil Service rules and regulations. [Ord. 5285 § 8, 2018; Ord. 2601, 1978; Ord. 563, 1958; prior code §§ 5.20.300—5.20.320. Formerly 2.32.250].
2.32.060 Violation—Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor; however, no prosecution for such violation shall be instituted in any court without express authorization of the Board of Supervisors. [Ord. 5285 § 8, 2018; Ord. 563, 1958; prior code § 5.20.350. Formerly 2.32.300].