055 of 2013 - Revisions to the City Take Home Vehicle amendments; Chapter 2.54 0 13-1
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SALT LAKE CITY ORDINANCE
No. 55 of 2013
(Revisions to City Take Ilome Vehicle Ordinance)
An ordinance amending Section 2.54.030 of the Salt Lake City Code relating to
the personal use of City-owned motor vehicles by employees and the payment required
by employees to take such vehicles home.
WIIEREAS, the City has maintained a"take home vehicle" program for certain
public safety employees and employees who regularly respond to back to work in
emergency or callback situations; and
WHEREAS, the City previously collected fees for take home vehicles based upon
five mile increments measured from a point located at the intersection of I-80 and
Redwood Road; and
WHEREAS, such a system created inequities depending upon where an employee
lived within the five mile increments that may be remedied by a more precise
measurement of distance; and
WHEREAS, the use restrictions often resulted in the inefficient use of vehicles
and employees not being in their vehicles when they were needed to report back to the
City on short notice; and
WHEREAS, after a public hearing on this matter the City Council has determined
that the following ordinance is in the City's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Section 2.54.030 of the Salt Lake City Code (Use Policy and
Restrictions) shall be, and hereby is, amended to read 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 mayor, the mayor's chief of staff 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. Public safety officers shall at all times maintain in their
vehicle an article of clothing or equipment that clearly identifies them as public
safety officers of Salt Lake City to be used in the event of unexpected or off-duty
deployment.
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.
5. For vehicles provided pursuant to subsections B.2 through B.4, reasonable personal
use of the take home vehicle is allowed within Salt Lake County and the county in
which the employee resides. No personal use may be made of the vehicle outside
of these limits. The amount and nature of personal use shall be established by
department policy, and shall be a reasonable amount and nature that, as described
in that policy, shall not accumulate excessive miles on the vehicle. Fleet
management shall provide to the department director a monthly report detailing
usage and mileage of city vehicles, thus enabling the department director to
monitor vehicle usage and to determine what constitutes a reasonable accumulation
of miles on vehicles. Travel to and from secondary employment in a city vehicle is
prohibited except with respect to public safety officers and in that case only if the
secondary employer pays a fuel surcharge of six dollars ($6.00) per work shift of
the public safety officer.
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 with the
knowledge and consent of the appropriate department head, and only if such
employees make biweekly payments to the city for such use according to the
following fee schedule:
a. Employees who live within Salt Lake City shall make no payment
for the use of the vehicle.
b. For those employees living outside of Salt Lake City, each
employee shall make a biweekly payment to the city in the amount of$3.00 per
mile based upon the distance from the Salt Lake City limits to the employee's
home. Such distance shall be calculated using the shortest possible driving
distance from the city limits to the residence as evidenced by a commonly
available internet or computer software program that estimates distances using
driving directions. The distance calculated by such program shall be rounded to
the nearest whole mile by calculating the mileage to the hundredth of a mile and
then applying standard rounding practices. 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.
2. The city council shall reevaluate the fee schedule each year in conjunction with
its adoption of the annual city budget. 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.
3. 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
63G-7-802.
D. Except for vehicles provided to department directors pursuant to Subsection B 1 ,
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 city limits, as
calculated pursuant to Subsection C, regardless of the department in which the
employee is employed.
E. Except as provided for herein, 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.
SECTION 2. Effective Date. This ordinance shall become effective as of
October 1, 2013.
Passed by the City Council of Salt Lake City, Utah, this 24 day of
September , 2013.
CHAI SON
ATTEST:
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CITrY RECORDER
Transmitted to the Mayor on September 25, 2013 •
Mayor's Action: x Approved. Vetcd.
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Bill No. 55 of 2013
Published: 10-5-13
HB ATTY-#32365-vl-Take Home Car Revisions Ordinance.DOC'