033 of 2009 - amending Section 2.54.030 relating to fuel equipment fee increase for secondary employment. 0 09-1
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SALT LAKE CITY ORDINANCE
No. 33 of 2009
(Fuel/Equipment Fee Increase for Secondary Employment)
An ordinance amending section 2.54.030 of the Salt Lake City Code, relating to
fuel/equipment fee increase for secondary employment.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 2.54.030 of the Salt Lake City Code be, and the same
hereby is, amended as follows:
2.54.030 Use Policy And Restrictions:
A. Except as provided in subsection B of this section, no motor vehicle owned by the
city may be taken home by any city employee except under the following
circumstances:
1. Authorization to regularly take home a city owned vehicle is granted by the
department director and approved by the chief administrative officer or his or her
designee based on a demonstrated need for such vehicle to be taken home to serve the
public interest; or
2. Due to an isolated incident of use when, because of the lateness of the hour or other
peculiar circumstances, it is impractical or impossible to return such vehicle to city
custody at the end of a duty shift.
B. Authorization to regularly take home a city owned vehicle may be granted to a full
time employee for a "demonstrated need" based on at least one of the following
criteria:
1. The employee has been designated as the director of a city department.
2. The vehicle is assigned to a sworn and certified law enforcement officer of the Salt
Lake City police department or an employee of the Salt Lake City fire department (in
either case, a "public safety officer"), pursuant to their department's take home car
program requirements. For public safety officers who live within Salt Lake City, off
duty use of the vehicle is available within Salt Lake City. For public safety officers
who live outside Salt Lake City: a) off duty use of the vehicle is available only while
the officer is already within Salt Lake City on official city business, and b) limited
personal use of the vehicle is allowed outside Salt Lake City only when incidental to
the officer's commute to or from his or her residence. Travel to and from secondary
employment in a city vehicle is prohibited except with respect to police officers and
in that case only if the secondary employer,beginning October 1, 2006, pays a fuel
surcharge of t feesix dollars ($36.00)per work shift of the police officer. The amount
of personal use shall be established by police department or fire department policy, as
the case may be, and shall be a reasonable amount that, as described in that policy,
shall not accumulate excessive miles on the vehicle. Fleet management shall provide
to the police chief and the fire chief a monthly report detailing usage and mileage of
city vehicles, thus enabling the police chief and the fire chief to monitor vehicle usage
and to determine what constitutes a reasonable accumulation of miles on vehicles.
3. The employee must respond to at least five (5) emergency situations or callbacks to
work per month.
4. The nature of the employee's work requires immediate response to emergency
situations, regardless of frequency, that require the use of specific safety or
emergency equipment that cannot be reasonably carried in the employee's personal
vehicle.
C.1. Employees who have a demonstrated need as set forth in subsection B of this section
may use city owned motor vehicles on a voluntary basis to travel to and from their
homes only with the knowledge and consent of the appropriate department head, and
only if such employees, beginning October 1, 2006, make biweekly payments to the
city for such use according to the following fee schedule:
Distance (In Miles) From The
Intersection Of I-80 And Redwood Road Biweekly
Payment
Public safety employees who live in the city —$ 0.00
Employees (other than public safety employees) who live in the _0.00
city
5 or less 10.40
10 or less 20.80
15 or less 31.20
20 or less 41.60
25 or less 52.00
30 or less 62.40
35 or less 72.80
More than 35 72.80
The city council shall reevaluate the fee schedule each year in conjunction with its
adoption of the annual city budget. For employees whose use of vehicles is
grandfathered pursuant to subsection D of this section, the biweekly fee shall increase
by twenty percent (20%) in the third year of the grandfather period, by an additional
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twenty percent (20%) in the fourth year of the grandfather period, and by an
additional twenty percent (20%) in the fifth year of the grandfather period. Prior to
October 1, 2006, employees who use city owned motor vehicles as described in this
subsection C shall make payment to the city according to the written fee schedule for
such use adopted by the mayor or the mayor's designee that was in effect in July
2006. Notwithstanding anything herein to the contrary, department heads, including
the chief of the police department and the chief of the fire department, shall not be
required to pay the fees imposed by this subsection C.
2. The mayor shall, by written policy, set forth liability insurance coverage to such
employees, which coverage shall be not less than two hundred thousand dollars
($200,000.00)per incident, shall cover bodily injury, death, and property damage and
shall be in addition to that required by Utah code sections 31A-22-304 and 63-30d-
802.
D.Except as otherwise provided in this subsection, under no circumstances shall a city
owned vehicle be authorized for take home use for an employee who resides farther
than thirty five (35) miles from the intersection of I-80 and Redwood Road,
regardless of the department in which the employee is employed. Public safety
officers qualifying for a take home vehicle as of August 1, 2006, will be
grandfathered from this limitation for a period of five (5) years beginning August 1,
2006.
E.Except as provided in subsection B2 of this section, under no circumstances shall a city
vehicle be used for any purpose other than city business, to promote a city interest, or
for any use authorized by the mayor or the mayor's designee.
F.The distance of an employee's residence from the intersection of 1-80 and Redwood
Road may be established by evidence generated by any commonly available interne
or computer software program that estimates distances using driving directions. An
employee who disagrees with the determination of the city regarding that distance
calculation may appeal that determination to the employee's department head or the
department head's designee, pursuant to a process established by departmental policy.
Any department's policy shall require the employee to: 1) provide documentation
supporting any disagreement with the distance determination of the city, and 2)
describe any action taken by the department regarding the matter. The department
shall maintain records regarding the appeal and shall make those records available for
audit purposes.
SECTION 3. That this ordinance shall take effect immediately upon the date of its
first publication.
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Passed by the City Council of Salt Lake City, Utah this 16th day of
June , 2009.
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ATTEST:
CHIE DEPUT IT RDER
Transmitted to Mayor on 6-16-09
Mayor's Act>"•;. A Approved. Vetoed.
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•i 'o �. MAYO
ATTEST:
IEF D PUTY T ORDE
(SEAL)
Bill No. 33 of 2009.
Published: 7-1-09
APPROVED AS TO FORM
Salt Lake City Attorney's Office
D te Q c'
By: L/
Martha S. Stone rook,Senior City Attorney
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