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HomeMy WebLinkAbout1993-OR-58Ordinance 93-OR-58 Whereas, it is deemed necessary and desirable to adopt a vehicle policy for the City of Jeffersonville. Whereas, certain rules and regulations have been proposed and submitted to the Common Council of the City of Jeffersonville. Whereas the intent of tills or;:linance is to cut costs of operating and maintaining city vehicles. Whereas, pursuant to lC 36-4-4-4 (b) the legislative body may manage the finances of the City of Jeffersonville. Whereas, pursuant to lC 36-4-6-18 the legislative body' may pass ordinances for the government of the city, the control of the City's property and finances. Whereas, in order to insure that take home vehicles are not abused and utilized in a manner and fashion which results in additional expenses and costs to the City of Jeffersonville. The following is hereby adopted: SECTION 1: EFFECTIVE DATE The rules and regulations for city employees, and employees appointed by the Mayor are hereby approved and become effective as of the final passage of this ordinance and until such time said rules and regulations are amended. SECTION 2: DUTY TO INFORM Each department head of the City of Jeffersonville is instructed to deliver a complete set of said rules and regulations to each employee and receive from each person an acknowledgement in writing that they have read said rules and are familiar with same. Each department head shall, in the future, thoroughly explain said rules and regulations to each new employee and receive this acknowledgement in writing that they understand said rules. It shall be the responsibility of the Mayor of Jeffers0nv!lle and bis department heads to oversee the implementation of this policy as it pertains to City Government. SECTION 3: ESTABLISHMENT OF VEHICLE POOL RECORDS 3.1) Each department of the City of Jeffersonville shall establish and maintain on a regular basis a Vehicle pool log. (Forms provided by Vehicle Maintenance Department.) 3,2) Said logs shall include the following information: a) Type of vehicle b) Model year c) Vehicle serial number d) License number e) Department to which vehicle is assigned f) Individual to whom vehicle is assigned 3.3) An initial report of each department vehicle pool shall be submitted to the Mayor and the City Council by January I of each year, or at their request. SECTION 4: EMPLOYEE ELIGIBILITY 4.1) The following emplo.yee or departments shall be assigned to a city vehicle and are authorized to use said vehicle for city business: 1. Police Department 2. Fire Department. 3. Mayor of Jeffersonville 4. Wastewater Treatment Plant ( Superintendent & one twenty-four hour rotating vehicle) 5. Animal Shelter 6. City Services Coordinator 7. Street Department 8. Building Commission Department 9, Parks Department 4.2) It may be deemed necessary for certain other employees of the City of Jeffersonville to be provided with a city vehicle for the purpose of travel on official business. The following conditions must be met: a) That the City requires the employee to commute in the city provided vehicle. b) The employee is not alloWed to use the vehicle for personal purposes. Only to conduct official city business. SECTION 5: RECORDING REQUIREMENTS No city vehicle may be used when working for another place of employment other than the City of Jeffersonville. SECTION 6: MILEAGE LOG REQUIREMENTS 6.1) A mileage log must be maintained for each individual in-Section 4,1, Said mileage log must be maintained within a twenty-foUr hour period. 6.2) The mileage log record must record the business use of the vehicle. A beginning odometer reading must be entered on the first day of each month and an ending odometer reading must be entered on the last day of each month. The mileage log will also include daily records which will be turned in to department heads and then forwarded to the Vehicle Maintenance Department. SECTION 7: REPORTING REQUIREMENTS 7.1) The department head shall report in summary form on prescribed forms by the City of Jeffersonville, data concerning use of city provided vehicles for each individual. The data for those individuals with any use of city vehicle shall include total miles driven, the reporting period, total business miles driven during the reporting period. The data required for those employees designated in Section 4.2, shall be the number of working days each employee was provided a city vehicle and nature of business. SECTION 8: MAINTENANCE OF VEHICLES 8.1) No employee shall at the expense of the city wash their take home or assigned vehicle. Police and Fire may at the expense of the city have the interior cleaned professionally if soiled or bloOdied during working hours. 8.2) Maintenance shall be done as specified by the Vehicle Maintenance Department SECTION 9: DRUG AND ALCOHOL TESTING Any person with a take home vehicle or who has authority to use a city vehicle that is involved in an vehicle accident shall be obligated to engage in the following: a) Submit to a drug and alcohol test, to be conducted not less than forty-five (45) minutes after said vehicle accident; b) Report the results of said drug and alcohol test to the Office of the Mayor; The President of the City Council; The Director of Personnel and Safety; c) That if the drug and alcohol test result substantiate that the employee has consumed alcohol or ingested illegal drugs the employee shall be afforded a hearing. That in the instance of the Police and Fire personnel said hearing shall be conducted pursuant to their adopted rules and regulations. However, in all other instances the following shall apply; 1.) That the hearing shall be conducted before the Jeffersonville Board of Public Works and Safety. Moreover, that the hearing shall be conducted during an executive session of said Board pursuant to Indiana Code 5-14-1.5-6. 2) That the Board shall submit its findings to the members of the Jeffersonville City Council; the Mayor and the Director of Personnel and Safety. 3) That a finding that the employee has operated a motor vehicle while having the presence of alcohol or illegal drugs in their blood shall results in the recommendation that said employee shall be terminated from his position with the City of Jeffersonville. 4) That the Mayor shall be responsible for enforcement and implementation of the Board's findings. SECTION 10: OFF DUTY REGULATIONS No employee shall use a city vehicle while on vacation: Any vacation time, extended sick time or personal time lasting longer than four days, shall result in the parking of city vehicle at the respective department. If the employee is expected to respond to all emergency calls while off duty during said time, the employee may retain possession of the vehicle. This section excludes police detectives. SECTION 11: IDENTIFICATION OF VEHICLES No city vehicle shall be unidentified. It shall Jeffersonville logo, emblem, lights, etc.. The of Jeffersonville shall be excluded from this have the City of Police Department and Mayor section. SECTION 12: TRANSPORTATION OF PASSENGERS No employee shall use their city vehicle to transport other passengers unless on official city business. The Police officers, Fire Chief, Assistant Fire Chief, and employees on twenty-four hour call shall be exempt from this section. This ordinance shall become effective fourteen (14) days after it's passage and approval. Each provision of this ordinance is adopted separately. In the event that any section or part of this ordinance is deemed to be illegal or invalid, only that section shall be repealed. The remaining parts of the ordinance shall remain in effect. Passed and adopted by the Common Council of the City of Jeffersonville, in Clark County, Indiana, on this Robert Potter, President, Common Council Attest: C. Richard Spencer, Jr. Clerk-TreaSurer This Ordinance has been seen, approved, and signed by me this __ day of , 1993. Raymond J. Parker, Jr., Mayor CLE L .TREASU LE t November 19~ 1993 Mayor Raymond J. Parker Jr. City-County Building Jeffersonville, IN 49130 Dear Mayor Parker: I have been waiting for Council President Potter to sign Ordinance No. 93-0R-58. As of Thursday, November 18~ 1993 at approximately 4:35 P.H., Council President Potter told me that he would not sign said Ordinance. I am~ therefore, placing this Ordinance on your desk per proper procedure. If you have any questions about time requirements, please contact the City Attorney. Sincerely~ C. Richard Spencer Clerk and Treasurer CRS~bch Received by: ................................... Date: ............. EXCERPTS FROM THE COUNCIL PROCEEDINGS OF THE COMMON COUNCIL OF ]'HE CITY OF JEFFERSONVILLE, INDIANA MARCH 21, 1994 The Common Council of the City of Jeffersonville met in regular session in Council Chambers in the City-County Building~ Jeffersonville, Indiana~ at ?:30 P.M. on the 21st day of March~ 1994. The meeting was called to order by Mayor Raymond J. Parker Jr., with Clerk and Treasurer C. Richard Spencer Jr~ at the desk. Mayor Parker welcomed all in attendance~ asking all those present to stand as Council President Steven Stemler gave the invocation. He then asked all those present to join him in the pledge of allegiance to the flag. The roll was called and those present were Councilpersons Bill Wolpert~ Andrew Williams III, Donna M. Frantz, Peggy Knight Wilder, Barbara Wilson, Robert L. Potter, and Steven R. Stemler. Absent: None. Other Business Followed. Council President Stemler explained there have been ongoing discussions for the past several months to try to reach a compromise regarding Ordinance No. which is known as the "take home car ordinance". As Council President, he feels this does need to be addressed and solved. An opinion has been received from Attorney General Pam Carter addressing the situation. At a recent Council workshop it was the general opinion a move needs to be made. Council President Stemler will ask to rescind Ordinance No. 93-0R-58~ with ~he understanding that the policy that has been worked on by the Mayor, Attorney~ and other~, has incorporated in it a number of points contained in the Ordinance. to suspend the rules on Councilperson Potter and Council President Stemler made the motion Ordinance No. 93-0R-58~ seconded by carried unanimously. Council President Stemler then made the motion to rescind Ordinance No. 93-0R-58 on all three readings: seconded by Councilperson Potter~ passing on a vote of 6-I~ with Councilperson Frantz voting against rescindi'ng. Council President Stemler said it has been a difficult situation~ but he does believe some good has come from it. A committment has been received from the Mayor to enforce the policy. He thanked Mayor Parker and Councilperson Frantz for the work in this area. Mayor Parker thanked the Council. PAGE 8 MARCH 81~ 1994 EXCERPTS Other business followed: There being no further business to come before Councilperson Potter moved to adjourn at 8:40 o~clock P.M. Councilperson Wolpert and unanimously carried. ATTEST: CLE~' ~D ~E~U~R ~ ~UH~b~ JR. the Council, seconded by PAGE 6 DECEMBER 16, 1993 ~ Councilperson Frantz made the motion to override the Mayor's veto of Ordinance No. 93-0R-58~ Take Home Vehicle Policy~ seconded by Councilperson Williams, passing on the following roll call vote: Ayes: Councilpersone Stemler, Williams~ Wilson, Frantz~ and Wilder.  Nays: Councilpersons Potter and Wolpert. /J Mayor Parker explained over the months of discussion regarding the take home vehicle policy with the opinion of I.A.C.T. and the City Attorney he does believe this should be the call of the Mayor. Mayor Parker does have broad shoulders and he will abide by this Ordinance. He does ask those Councilpersons that voted to override the veto if they will take into consideration the Attorney General's opinion and rescind the Ordinance if the opinion is that it is the call of the Mayor. Councilperson Frantz feels the Attorney General does not want to get involved in this matter. She is willing to take this matter to a Judge. She does not question Attorney Gillenwater's qualifications, it is a matter of opinion. Councilperson Frantz stated she would be the first one to rescind the Ordinance if a Judge says it is not the call of the Council. Councilperson Stemler said if told by higher powers he would abide, however he would not rescind on the Attorney General's opinion. He will abide by the law of the land. Councilperson Williams will go to court and not abide by the Attorney General's opinion. Councilperson Wilson agrees with Councilperson Williams. Counciiperson Wilder explained the Attorney General's opinion would only be used as a ruling in Court and does not feel the City will get a formal opinion. She would not look at an opinion to make up her minds she would go to Court. There are conflicting statutes. Mayor Parker has been told by Mr. Bill Shrewsberry an opinion would be forthcoming. Councilperson Frantz questioned how Mr. Shrewsberry got involved. Mayor Parker explained he had called him as his position is that of a troubleshooter. Councilperson Wilder introduced and read aloud a Drainage Proposal Ordinance. It is hoped the priority basis would be the most