RESOLUTION NUMBER A RESOLUTION OF THE DRAPER CITY COUNCIL AMENDING SECTION CITY VEHICLE USAGE AND VEHICLE EXPENSES OF THE

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1 RESOLUTION NUMBER A RESOLUTION OF THE DRAPER CITY COUNCIL AMENDING SECTION CITY VEHICLE USAGE AND VEHICLE EXPENSES OF THE PERSONNEL POLICIES AND PROCEDURES MANUAL WHEREAS, the City Council from time to time reviews, amends and adopts personnel policies and procedures to assist in the efficient utilization of scarce City resources and the fair and uniform application ofrequirements regarding City operations and City employees; and WHEREAS, the City Council has reviewed Section 9020 and has determined a need to amend the City Vehicle Usage and Vehicle Expenses section ofthe Personnel Policies and Procedures Manual; and WHEREAS, the City Council finds the amendment ofthis policy is in the best interest of Draper City and the employees of Draper City. NOW, THEREFORE, be it resolved by the City Council ofdraper City, State of Utah as follows: Section 1. Amendment. The Draper City Council hereby amends and adopts Section 9020 ofthe Personnel Policies and Procedures Manual to read as attached hereto as Exhibit "A." Section 2. Severability. Ifany section, part or provision ofthis Resolution is held invalid or unenforceable, such invalidity or unenforceability shall not affect any other portion ofthis Resolution, and all sections, parts and provisions ofthis Resolution shall be severable. Section 3. Effective Date. This resolution shall become effective immediately upon passage by the City Council. PASSED AND ADOPTED BY THE CITY COUNCIL OF DRAPER CITY, STATE OF UTAH, THIS _\ ^TDAY OF JULY, DRAPER CITY ATTEST: BY: Draper City Mayor Draper City Recorder

2 EXHIBIT "A" Section GAR CITY VEHICLE USAGE AND VEHICLE EXPENSES General Policy Statement: City owned vehicles may be provided to employees with demonstrated business needs. Additionally, employees may be compensated for use of theirown vehicles on City business. All such expenses will be compensated subject to the following guidelines. 1. City Vehicles. City vehicles may be provided to employees as business needs warrant. A) Compensable Expenses. Fuel, tolls, parking, and related expenses will be compensated for when incurred for approved business activities. B) Personal Use of City Vehicles Prohibited. City vehiclesshall not be used for commuting or other personal purposes except as follows. (i) Certain Emergency Response Employeesdue to the nature of their position or functional area of responsibility may be assigned a City vehicle in the performanceof theirjob or function. Such vehicle may incidentally be used for commuting purposes to facilitate expeditiously responding to after hour calls, or assisting with emergencies. Any such employee must have written authorization from their Department Head-Director. (ii) Emergency Response Employees. To qualify as an Emergency Response Employee an employee must live within a mile radius driving distance on paved roads of from City Hall. (iii) (iv) All IRS regulations shall be followed ifa City vehicle is used for commuting purposes. Mileage Record. Employees permitted City vehicles for commuting must document miles and dates driven. (v) Department Heads Directors are responsible for identifying and scheduling Emergency Response Employees and monitoring vehicle usage records to ensure compliance with Draper City Policy and IRS regulations. (vi) Employees with City Vehicles unavailable for emergency response due to vacation, personal unavailability, seasonal needs, or other circumstances do notqualify as Emergency Response Employees during these periods of time and are subject to IRS regulations. 2. Employee-Owned Vehicles. Employees using their own cars for business purposes must receive prior authorization from their Department Head-Director. A) Mileage Allowance. Amileage allowance, which may vary from yearto year, for all costs related to vehicle operation, will be provided. Mileage will be paid at the current rate specified by the IRS. B) Mileage Record. Employees must keepa detailed record ofmileage for approved travel to ensure accurate compensation. C) Related Compensation. Parking charges, tolls, and other related expensesare compensable upon presentation of receipts, if incurred for business-related travel. However, all fuel, maintenance and depreciation expenses are considered to be included in the standard mileage rate. D) Approval. The employee's Department Head Director or the City Manager must approve claims for mileage allowance and related compensation.

3 E) Vehicle Allowance. In limited instances, a monthly vehicle allowance may be granted to those who travel regularly on City business. This allowance is in lieu of a mileage and miscellaneous reimbursement allowance for all travel. Employees with vehicle allowances are expected to use the vehicle at no additional cost to the City for City related travel within a 50 mile radius of City Hall. Employees with vehicle allowances, who use their personal vehicle and who travel beyond a 50 mile radius of City Hall for City related business will be compensated at the mileage rate established by the IRS for tax purposes. Employees who receive monthly allowances are prohibited from using a City owned vehicle except in the case of an emergency. An emergency does not include the unavailability ofthe employee's car. F) Use of City vehicles for non-city business related purposes are prohibited. Employees who are scheduled to respond on-call, outside ofregular work hours may beassigned an appropriate City vehicle to make such response from their homes. Such assignments, except in case of emergencies, shall beapproved by the City Manager. Commuting miles are subject to IRS regulations and must be reported annually on forms provided by the City. 3. Employee Responsibilities. Employees are accountable for the responsible operation ofcity cars, personal vehicles, or rentals when traveling for business purposes. An employee who drives any vehicle on City business must: A) License. Be a responsible driver and possess a current driver's license. B) Carry Insurance Coverage. Ensure that they have vehicle liability insurance in at least the minimum amounts required bystate law and carry proof of such coverage. Theemployee assumes liability for his or her personal vehicle in workrelated travel. C) Employee Impairment. No employee may operate a City vehicle or City equipment while his or her performance is impaired byalcohol or any controlled substance or over-the-counter drug. An employee taking a prescription drug for a bona fide medical condition shall notify his or her supervisor. The supervisor shall notify their Department Director ofthe situation who shall and the Department Director may make reasonable accommodation ofthe condition or place the employee on sick leave as required to ensure the safety of the employee, co-workers and public, after consulting with the Human Resources Director and City Attorney. D) Check Vehicle. Inspect the vehicle and confirm that it is in safe operating condition. E) Obey Traffic Laws. Observe all traffic laws including wearing a seat belt. (i) Assume Responsibility for Fines. Pay any fines or parking violations incurred while driving on City business. (ii) City Vehicle Cell Phone Use. Employees are prohibited from talking on a cell phone while driving a City vehicle or talking on a cell phone on City business while operating their private vehicle. Employees shall only use cell phones or other handheld wireless communication devices while driving in accordance with Section 41-6a-1716 Utah Code Annotated, as amended. Law enforcement officers or emergency service employees may use cell phones, handheld wireless devices or laptop computers while driving a City vehicle when acting within the scope of their employment. 4. Compliance. The employee and Department Head Director are responsible to ensure that all related policies are followed and established safety standards met. 5. Accidents. An employee involved in an accident while traveling on City business must immediately report the incident (regardless of how minor) to his or her Department Head Director and Police Department having jurisdiction. ADOPTION - AMENDMENTS - REVISIONS Amended 08/01/2006 Resolution No

4 41-6a Prohibition on using a handheld wireless communication device while operating a moving motor vehicle - Exceptions -- Penalties. (1) As used in this section: (a) "Handheld wireless communication device" means a handheld device used for the transfer of information without the use of electrical conductors or wires. (b) "Handheld wireless communication device" includes a: (i) wireless telephone; (ii) text messaging device; (iii) laptop; or (iv) any substantially similar communication device that is readily removable from the vehicle and is used to write, send, or read text or data through manual input. (2) Except as provided in Subsection (3), a person may not use a handheld wireless communication device while operating a moving motor vehicle on a highway in this state to manually: (a) write, send, or read a written communication, including: (i) a text message; (ii) an instant message; or (iii) electronic mail; (b) dial a phone number; (c) access the Internet; (d) view or record video; or (e) enter data into a handheld wireless communication device. (3) Subsection (2) does not prohibit a person from using a handheld wireless communication device while operating a moving motor vehicle: (a) when using a handheld communication device for voice communication; (b) to view a global positioning or navigation device or a global positioning or navigation application; (c) during a medical emergency; (d) when reporting a safety hazard or requesting assistance relating to a safety hazard; (e) when reporting criminal activity or requesting assistance relating to a criminal activity; (f) when used by a law enforcement officer or emergency service personnel acting within the course and scope of the law enforcement officer's or emergency service personnel's employment; or (g) to operate: (i) hands-free or voice operated technology; or (ii) a system that is physically or electronically integrated into the motor vehicle. (4) A person convicted of a violation of this section is guilty of a: (a) class C misdemeanor with a maximum fine of $100; or (b) class B misdemeanor if the person: (i) has also inflicted serious bodily injury upon another as a proximate result of using a handheld wireless communication device in violation of this section while operating a moving motor vehicle on a highway in this state; or (ii) has a prior conviction under this section, that is within three years of: (A) the current conviction under this section; or

5 (B) the commission of the offense upon which the current conviction is based. Amended by Chapter 416, 2014 General Session