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HomeMy WebLinkAboutord2021-006strike• Whatcom County COUNTY COURTHOUSE 311 Grand Avenue, Ste #105 Bellingham, WA 98225-4038 (360) 778-5010 Agenda Bill Master Report File Number: AB2021-074 File ID: AB2021-074 Version: 1 Status: Adopted File Created: 01/19/2021 Entered by: THelms@co.whatcom.wa.us Department: County Executive's File Type: Ordinance Office Assigned to: Council Finance and Administrative Services Committee Final Action: 02/09/2021 Agenda Date: 02/09/2021 Enactment#: ORD 2021-006 Primary Contact Email: Mhilley@co.whatcom.wa.us TITLE FOR AGENDA ITEM: Ordinance adopting amendments to Whatcom County Code 2.66 County -Owned Vehicles SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Ordinance adopting amendments to Whatcom County Code 2.66 County -Owned Vehicles HISTORY OF LEGISLATIVE FILE Date: Acting Body: Action: Sent To: 01/26/2021 Council INTRODUCED Council Finance and Administrative Services Committee Aye: 7 Browne, Buchanan, Byrd, Frazey, Elenbaas, Kershner, and Donovan Nay: 0 Absent: 0 02/09/2021 Council Finance and Administrative RECOMMENDED FOR Services Committee ADOPTION Aye: 2 Browne, and Frazey Nay: 1 Byrd Absent: 0 02/09/2021 Council ADOPTED Aye: 7 Browne, Buchanan, Byrd, Donovan, Elenbaas, Frazey, and Kershner Nay: 0 Absent: 0 Whatcom County Page 1 Printed on 211012021 Agenda Bill Master Report Continued (AB2021-074) Attachments: Memo, Proposed Ordinance, Proposed Ordinance - Redline, Proposed Ordinance - Clean Whatcom County Page 2 Printed on 211012021 1 PROPOSED BY:_County Executive_ 2 SPONSORED BY: BY: —County Executive- 3 INTRODUCTION DATE: January 26. 2021 4 5 6 ORDINANCE NO. 2021-006 7 8 AMENDING WHATCOM COUNTY CODE CHAPTER 2.66 9 COUNTY -OWNED VEHICLES 10 11 12 13 WHEREAS, Whatcom County Code Chapter 2.66 provides for and outlines the legal 14 authorization for use of County vehicles; 15 16 WHEREAS, the County delivers a broad array of services to vulnerable populations 17 in the community through mobile integrated health programs (GRACE, LEED, Supportive 18 Housing, COVID response) requiring reliable and accessible motor vehicle transportation of 19 service recipients; and 20 21 WHEREAS, the County Health Department and Emergency Medical Services 22 maintain an ongoing need to transport community members for purposes of delivering 23 County services; and a.' 25 WHEREAS, the County is able to utilize contracted providers such as Community 26 Paramedics, GRACE/SEAMAR employees and authorized County volunteers to provide the 27 transportation necessary to deliver services utilizing County vehicles; 28 29 WHEREAS, Whatcom County Code Chapter 2.66 currently prohibits all non- 30 employees from operating County vehicles; and 31 32 WHEREAS, amending Chapter 2.66 to allow for the limited authorized use of County 33 vehicles by non -employees for County government purposes is an efficient, cost effective, 34 and practical means for providing necessary transportation related to County services and 35 business; and 36 37 WHEREAS, the proposed amendment and the corresponding County motor vehicle 38 policy provide sufficient limitations, restrictions, and requirements to protect County 39 interests related to non -employee drivers; 40 41 42 43 44 45 46 47 48 49 50 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the Whatcom County Code is hereby amended as outlined in Exhibit A to this Ordinance. � DO1bTE,D=this 9th day of February 3 p r.a.Brown_7 'av s `'Cierk.of the Council 1V, ? e .nd WHATCOM COUNTY ,EXECUTIVE APPROVED: AS'=TO'FORM : Approved via Email / Christopher Quinn / LB Civil Deputy Prosecutor Page 2 2021. WHATCOM COUNTY COUNCIL TCOM SHINGTON rry uchanan, Council Chair WHATCOM COUNTY, WASHINGTON Satpal Sidh , County Executive ( ) Approved ( ) Denied Date Signed: ZZ%Z®Z' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 EXHIBIT A Chapter2.66 COUNTY -OWNED VEHICLES Sections: 2.66.010 Purpose. 2.66.020 Vehicles. 2.66.030 Policy. 2.66.035 Preference to private vehicles. 2.66.040 Storage. 2.66.050 Driver's license. 2.66.060 Drivers. 2.66.070 Employee -driver responsibility. 2.66.080 Passengers. 2.66.090 Long-range vehicle assignments. 2.66.100 Motor pool duties. 2.66.110 Overnight and after-hours use. 2.66.120 Return of the vehicle. 2.66.130 Continuing use. 2.66.140 Rental fees. 2.66.150 Executive as administrator. 2.66.010 Purpose. The purpose of this policy is to provide for the uniform and consistent use of county -owned vehicles. (Ord. 80-45 § 1). 2.66.020 Vehicles. County vehicles shall be identified in accordance with state law. The manner in which employees and authorized users operate and utilize these readily identifiable vehicles is under continuing observation by the public and each employee must recognize the responsibility for prudent and proper operation of a county car when assigned for official business. (Ord. 80-45 § 2). Page 3 1 2.66.030 Policy. 2 County -owned vehicles shall be used only for transportation needs relative to official county business. 3 County vehicles shall be utilized solely on a daily trip basis from the assigned work station except as 4 enumerated in Sections 2.66.090, 2.66.110 2.66.120 and 2.66.130. (Ord. 80-45 § 3). 5 2.66.035 Preference to private vehicles. 6 To the extent they are available, motor pool cars shall be utilized for seuntyCounty travel purposes by 7 employees stationed in the central se*ntyCounty complex before privately owned vehicles are used on 8 a reimbursement basis. The ce*nWCounty eExecutive is authorized to grant exemption from this 9 provision when the cost of a motor pool vehicle would exceed the cost of the use of a private 10 automobile. (Ord. 83-41; Ord. 82-93 § 1(g)). 11 2.66.040 Storage. 12 The motor pool shall provide a secured parking area for overnight and weekend parking of official 13 sCounty motor pool vehicles. All vehicles excluding those covered by 14 Sections 2.66.090, 2.66.110, 2.66.120 and 2.66.130 will be returned to this secured parking area daily by 15 such hour as shall be established by administrative procedure. (Ord. 80-45 § 4). 16 2.66.050 Driver's license. 17 All persermel-drivers assigned to a sCounty vehicle for use on official business must possess a valid 18 driver's license. Licenses must be properly validated for any special equipment operation. (Ord. 80-45 § 19 5). 20 2.66.060 Drivers. 21 Q4y-eCounty employees who are on official county business may drive a sCounty vehicle. If there is 22 more than one county employee being transported by the vehicle for county business, any duly licensed 23 county employee may drive. For the purposes of this section, consultants, private contractors and 24 independent contractors are not considered employees of Whatcom County._ Non -employees may only 25 drive County vehicles if approved in advance and in writing by the County Executive or the Deputy 26 County Executive. All authorized non -employee drivers must have a driver's record that meets Whatcom 27 County standards, and must agree in writing to fully comply with Whatcom County's driving policies. 28 (Ord. 80-45 § 6). 29 2.66.070Employee drive Driver -responsibility. 30 When using a sCounty vehicle, the employee -driver or other authorized -driver has a responsibility 31 regarding the following: 32 A. Safe and proper operation of the vehicle in accordance with the state traffic laws; 33 B. Use of the vehicle for official business only and for purposes specified in the written authority issued 34 pursuant to Section 2.66.060; Page 4 I C. Transporting passengers only in connection with official cCounty business and as may be specified in 2 the written authority issued pursuant to Section 2.66.060; 3 D. Adequately protecting the vehicle from damage and/or theft; 4 E. Promptly and efficiently reporting any accident as required by state law, and in addition, shall report 5 any accident to the tort claims division of Whatcom County through the Whatcom County pProsecutor's 6 eOffice; 7 F. Keeping the interior and exterior of the vehicle neat and clean, and in the case of a daily rental, return 8 the vehicle refueled and ready for use; 9 G. The driver of the vehicle is responsible for any and all fines for moving violations received while 10 operating the vehicle. (Ord. 80-45 § 7). 11 2.66.080 Passengers. 12 Except when directly related to cCounty business, a vehicle, whether assigned or dispatched pursuant to 13 the provisions regarding 24-hour or permanent assignments, shall not be used to transport any person 14 or employee, other than the vehicle operator, to and from work. (Ord. 80-45 § 8). 15 2.66.090 Long-range vehicle assignments. 16 The provisions of the other sections of this chapter notwithstanding, cCounty-owned motor pool 17 vehicles may be assigned to a county official, ar employee or authorized user on a 24-hour basis when 18 and if the cCounty eExecutive declares such assignment to be in the best interests of the cCounty and 19 the conduct of cCounty business. (Ord. 80-45 § 9). 20 2.66.100 Motor pool duties.! 21 The motor pool shall maintain and make available to 4s e County governmental departments vehicles 22 for daily rental use for the performance of official duties. A daily rental shall be approved in writing by 23 the elected official or the department head responsible for the activity in which the rental vehicle will be 24 used. The motor pool shall be responsible for the maintenance of the mileage records for each vehicle. 25 (Ord. 80-45 § 10). 26 2.66.110 Overnight and after-hours use. 27 The council recognizes that sometimes couetyCounty business requires use of the vehicle at odd hours. 28 Therefore, the following provisions are appropriate. A co4styCounty employee or other authorized user 29 may check out a courityC; my vehicle from the motor pool for overnight use only if: 30 A. The department head or his designee notifies the motor pool that the employee requesting the use of 31 the vehicle has authorization to do so; and 32 B. The vehicles must be checked out overnight because the employee/user must have the vehicle early 33 the next day for official use, and having to wait for the motor pool to open would seriously interfere 34 with the schedule of the employee/user; or Page 5 I C. The employee/user returns from official business at a time when the motor pool is closed. In this 2 case, the employee/user shall return the vehicle to the motor pool the following business day at motor 3 pool opening time; 4 D. The overnight or after-hours use was previously authorized by the County Executive or the Deputy 5 County Executive pursuant to 2.66.060 for purposes of official County business; 6 7 43. The employee/user will be away for more than one day. (Ord. 80-45 § 11). 8 2.66.120 Return of the vehicle. 9 If the employee or authorized user is returning the vehicle during hours, he shall return it directly to the 10 motor pool. (Ord. 80-45 § 12). 11 2.66.130 Continuing use. 12 Motor pool vehicles may be assigned to the individuals on a basis of continued daily use during regular 13 count Count government business hours, but only after such assignment has been justified to and 14 approved by the cCountyeExecutive. (Ord. 80-45 § 13). 15 2.66.140 Rental fees. 16 The motor pool shall be reimbursed for the use of the pool vehicles by the using departments according 17 to a schedule of charges to be established by administrative procedures, such schedule of charges being 18 subject to change dictated by purchase, maintenance, and operating costs incurred by the motor pool in 19 maintaining the fleet. (Ord. 80-45 § 14). 20 2.66.150 Executive as administrator. 21 The cCounty eExecutive is authorized and shall be responsible to establish the administrative procedures 22 and requirements governing the operation and maintenance of the motor pool, the method and 23 determination of the assignment of the vehicles, the disposition of charges arising from misuse of a 24 cCounty vehicle, and any other administrative requirements related to motor pool management. (Ord. 25 80-45 § 15). 26 27-------j Formatted: Left 28 Page 6