1D. ASR Parking Guidelines-0SC2081_Probation_Port Royal SC.pdf

Administrative Office – Guide to Judiciary Policy - Parking

§ 630 Parking

1. (a) In general, policies governing parking in federally owned or federally leased buildings, controlled by GSA, are set forth in the Code of Federal Regulations (Federal Management Regulations), 41 CFR 102-73.240, and 41 CFR 102-

74.265 – 310 (2011).

2. (b) Parking in GSA-controlled space is charged per space, not by square footage, and is paid through the rent to GSA.

§ 630.10 Authority

1. (a) Judiciary parking policies set forth below were last updated by the Judicial Conference in March 1999 (JCUS-MAR 99, p. 36).

2. (b) Parking spaces for the judiciary, paid with appropriated funds, must be approved by the circuit judicial council (see: Guide, Vol 16, § 110.20.30) and are subject to:

1. (1) availability of space;

2. (2) availability of funds; and

3. (3) compliance with the business rules and policies of the Circuit Rent

Budget (CRB) program.

3. Note: The circuit judicial council may delegate the authority to approve parking spaces to the circuit executive.

4. (c) When seeking to acquire parking spaces, courts and court units must first seek space in GSA-controlled buildings or parking lots, and only if certain conditions are met can parking in non-GSA space be acquired. See:

§ 630.20.20.

5. (d) Parking spaces for FPDOs must be approved by the AO Defender Services Office prior to seeking circuit judicial council approval.

§ 630.20 Funding for Parking in GSA-Controlled Space The following describe how parking is funded in GSA-controlled space after circuit judicial council approval:

1. (a) Official Parking

See: § 630.50. Official parking spaces are paid for centrally by the AO through the rent.

2. (b) Court or Court Unit Funded Parking

A court or court unit may pay for employee parking spaces (see: § 630.60) from its decentralized budget, pending space and funding availability. Since parking in https://www.law.cornell.edu/cfr/text/41/102-73.240 https://www.law.cornell.edu/cfr/text/41/102-74.265 https://www.law.cornell.edu/cfr/text/41/102-74.265 http://www.uscourts.gov/uscourts/FederalCourts/judconf/proceedings/1999-03.pdf http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-1-overview#110_20 http://jnet.ao.dcn/facilities-security/facilities/circuit-rent-budget http://jnet.ao.dcn/facilities-security/facilities/circuit-rent-budget http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20_20 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_50 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_60

GSA-controlled space is paid for centrally by the AO through the rent, the following applies:

1. (1) As a budget management action, the AO Space and Facilities Division program manager and the AO Budget Division court services branch budget analyst — and, if applicable, ODS budget branch — must be notified, so that the court or court unit's decentralized budget is reduced accordingly by the amount associated with the parking space(s).

2. (2) In subsequent years, a full year's cost of the space(s) will continue to be deducted from the court or court unit's decentralized budget until the space is formally released to GSA. See: § 630.40.

3. (3) If space is not available in GSA-controlled space, see: § 630.20.20.

3. (c) Parking Reimbursed by Employees

Employees may request parking in GSA-controlled space, pending space availability. Since parking in GSA-controlled space is paid for centrally by the AO through the rent, the following applies:

1. (1) Payment from individual employees is received by the clerk's office and deposited into the U.S. Treasury. The payment must be credited to the appropriate budget fiscal year, fund (092000), budget organization, cost organization, and budget object code. See: Guide, Vol 13, § 320.35.40. Note: A court unit may not add additional administrative fees.

2. (2) Since GSA bills monthly in arrears for space assignments, including parking, it is recommended that the funds be collected from the employee on a monthly basis.

3. (3) The total rate charged to the employee will be the same as charged by

GSA.

4. (4) The employee will be responsible for the full cost of GSA-controlled parking space regardless of his or her status as a full-time or part-time employee.

4. (d) Shared Parking Costs

When a court or court unit decides to pay a portion of the employee's parking cost from its local budget, the following applies:

1. (1) In GSA-Controlled Space

The court or court unit must comply with the conditions set forth in § 630.20(b) and the employee must reimburse the difference in accordance with § 630.20(c).

2. (2) In Non-GSA Space

The court or court unit must comply with the conditions set forth in § 630.20.20.

http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_40 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20_20 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-13-finance-and-budget/ch-3-receipting-and-collections#320_35_40 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-13-finance-and-budget/ch-3-receipting-and-collections#320_35_40 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20_20

5. Note: In privately contracted space, shared parking costs may only be possible if the vendor accepts payment from both the court unit and the respective employee(s).

§ 630.20.10 Acquisition of Parking in GSA-Controlled Facilities After circuit judicial council approval, the following steps apply:

1. (a) An occupancy agreement (OA) planner will be issued by the circuit for delegated circuits, or by the AO for non-delegated circuits, to GSA. (Note: The following circuits have delegated authority for certain space management responsibilities: the First, Second, Fourth, Fifth, Ninth, and Tenth circuits.) See:

Guide, Vol 1, Ch 6 (Delegations of the Director's Authorities), § 660 (Space and Facilities).

2. (b) The OA planner initiates a space action with GSA.

3. (c) Pending availability of the requested parking space(s), the rent payments are then documented through the OA and tracked through the rent bill.

§ 630.20.20 Acquisition of Parking in Non-GSA Controlled Facilities

1. (a) If parking is not available in GSA-controlled space, with appropriate documentation, courts may seek parking spaces outside of GSA-controlled spaces. The following steps apply:

1. (1) The OA planner issued after circuit judicial council approval, by the circuit for delegated circuits, or by the AO for non-delegated circuits to GSA, serves as the official request for parking space(s).

1. (A) Not all federal agencies submit requests for parking to GSA via an OA planner. However, the judiciary uses the OA planner as its official request for space to GSA, so an OA planner must be used to document the request for parking.

2. (B) For juror parking, since the funds are from the juror appropriation, circuit judicial council approval is not required. See:

§ 630.70.10.

2. (2) The court or court unit must receive documentation (e.g., email, memo, letter) from GSA that the requested parking need cannot be accommodated in GSA-controlled space.

2. (b) After this documentation has been received, courts and court units may use their delegated procurement authority to acquire parking space(s) by a service contract using local funds.

1. (1) Judiciary procurement policies must be complied with, including policies and procedures for procurement thresholds. See: Guide, Vol 14.

2. (2) Advance payments to a private vendor may only be made in accordance with Guide, Vol 14, § 220.55.30.

§ 630.30 Assignment of Parking http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-1-governance-and-authorities/ch-6-delegations-director%E2%80%99s-authorities#660 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-1-governance-and-authorities/ch-6-delegations-director%E2%80%99s-authorities#660 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_70_10 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-14-procurement/ch-2-procurement-planning-and-preparations#220_55

1. (a) In GSA-controlled space, GSA assigns official parking spaces for federal agencies in the following order of priority, as established by federal regulations (see: 41 CFR 102-74.285):

1. (1) official postal vehicles;

2. (2) federally owned vehicles used to apprehend criminals, fight fires and handle other emergencies;

3. (3) private vehicles owned by members of Congress;

4. (4) private vehicles owned by federal judges;

5. (5) other federally owned or leased vehicles, including car-pool;

6. (6) service vehicles, vehicles used in child care center operations, and vehicles for visitors;

7. (7) private vehicles owned by employees.

2. (b) Assignment of official parking spaces (see: § 630.50) designated for the judiciary in GSA-controlled space, is made by the chief judge, federal public defender (FPD), or designee.

Note: If this responsibility is delegated, the designation must be made in writing.

3. (c) If an official parking space is not used by the court official or for other designated official use (see: § 630.50), the parking space may not be retained to be used by others. The chief judge, FPD, or designee may assign, re-assign, or release the judiciary-designated parking space, according to the parking policies of this chapter.

4. (d) When the official duty station of a court official changes from one location to another, the appropriate steps must be taken to release space from the first location and acquire space at the second location, including the appropriate documentation through OA planners to ensure the rent bills accurately reflect the changes.

See: § 630.20 and § 630.40.

5. (e) The judiciary does not have authority to sub-lease its parking space(s).

§ 630.40 Release of GSA-Controlled Parking

1. (a) If a parking space in a GSA-controlled building or lot is no longer required, the space must be released through issuance of an OA planner which serves as official notification.

2. (b) The judiciary, including courts, court units, and employees, may continue to be charged for the space following the date of official notification for a period of 120 calendar days, or until the space is reassigned, or terminated by the GSA, whichever comes first. See: GSA Pricing Guide, Ch 5-3. The following steps apply:

1. (1) The chief judge, FPD or their designee must notify the circuit in delegated circuits, or the AO Space and Facilities Division in non-delegated circuits. Note: The protocols for releasing space varies by circuit (e.g., a form or written notification may suffice, or approval by the circuit judicial council may be required).

https://www.law.cornell.edu/cfr/text/41/102-74.285 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_50 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_50 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_40 http://www.gsa.gov/graphics/pbs/Pricing_Desk_Guide_4th_Edition.pdf

2. (2) An OA planner, which is the official notification to GSA for release of space, will be issued by the circuit in delegated circuits or the AO in non-delegated circuits. See: § 630.20.10.

3. (3) After issuance of an OA planner, the AO monitors the rent bill to verify that the adjustments are reflected in the rent.

§ 630.50 Official Parking Official parking for the following categories are funded centrally after circuit judicial council approval.

§ 630.50.10 Official Parking for Judges One parking space for personal vehicles of judicial officers may be provided for the following judges who are authorized to occupy federally owned or federally leased office space at resident and non-resident court locations (e.g., visiting facilities):

1. (a) circuit judges;

2. (b) district judges;

3. (c) bankruptcy judges;

4. (d) Court of Federal Claims judges;

5. (e) territorial judges;

6. (f) full-time magistrate judges; and

7. (g) part-time magistrate judges.

§ 630.50.20 Official Parking for Court Unit Executives One parking space for personal vehicles of senior court officials at their official duty station may be provided for the following positions as applicable to the court units:

1. (a) circuit executive;

2. (b) district court executive;

3. (c) clerk of court;

4. (d) federal public defender;

5. (e) chief probation officer;

6. (f) chief pretrial services officer;

7. (g) senior staff attorney;

8. (h) chief circuit mediator;

9. (i) circuit librarian; and

10. (j) bankruptcy administrator.

§ 630.50.30 Official Parking for Staff Using Personal Vehicles for Official Business One parking space may be provided for any employee at their official duty station, including probation and pretrial services officers, whose vehicle is used an average of 12 or more working days per month for government business for which the employee receives reimbursements for mileage and parking fees under the judiciary's travel regulations. The following applies:

http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20_10

1. (a) Supporting documentation, such as several months of travel vouchers, is required to substantiate the enduring nature of the requirement for the approval and authorization of a parking space in this category.

2. (b) The chief judge, FPD, or designee must monitor the parking periodically and will be responsible for notifying the AO or the circuit when the conditions for the initial space assignment are no longer valid, so the space can be released. See:

§ 630.40.

3. (c) Space may be assigned for either government-owned (i.e., GSA Fleet vehicles) or privately owned vehicles, but one employee cannot be assigned two spaces in the same location.

§ 630.50.40 Official Parking for Employees with Severe Disabilities One official parking space will be provided for each employee with a severe disability.

1. (a) A severe disability is a severe physical impairment that substantially limits life activities, such as walking or breathing.

2. (b) Certification by a private medical doctor or Federal Occupational Health (FOH) physician is required to confirm the extent of the disability.

Note: A limited number of spaces for people with disabilities are required by code in most parking garages or parking lots. GSA, landlords, or vendors should be able to assist in assigning a space that provides accommodations for an employee with disabilities.

§ 630.60 Employee Parking Courts and court units may use their local funds, pending funding availability, to provide parking spaces for employees under the following conditions:

1. (a) If it is determined to be necessary for its operations, including hiring and retention of personnel; or

2. (b) for employees excluded from official parking (see: § 630.50), including those who:

1. (1) routinely work unusual hours;

2. (2) park in high crime areas; or

3. (3) use car-pools or van-pools.

§ 630.70 Other Parking § 630.70.10 Juror Parking

1. (a) Juror parking expenses are reimbursed from the juror appropriation, which is centrally held, consistent with 28 U.S.C. § 1871. See: Guide, Vol. 4, § 365.50 (Travel and Subsistence Allowances).

2. (b) In addition, or as an alternative to reimbursing jurors for parking expenses, courts may procure parking spaces for jurors consistent with § 630.10(c) and § 630.20.20. The following steps apply:

http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_40 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_50 http://www.law.cornell.edu/uscode/text/28/1871 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-4-court-and-case-administration/chapter-3-jury#365_50 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-4-court-and-case-administration/chapter-3-jury#365_50 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_10 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20_20

1. (1) A request to procure parking spaces, supported by a cost justification, must be submitted to the Chief of the AO Budget Division.

1. (A) For the cost justification, parking rates may be obtained from GSA and/or local parking vendors.

2. (B) Courts may contact the AO Budget Division for any questions or assistance.

2. (2) The approval of the Chief of the AO Budget Division must be included in the proposal submitted to the circuit in delegated circuits and the AO Space and Facilities Division (SFD) for non-delegated circuits. See:

§ 630.20.10(a).

3. (3) If parking spaces are available in GSA-controlled buildings or parking lots, an OA planner will be issued by the circuit in delegated circuits, or the AO SFD in non-delegated circuits to GSA to initiate the space action.

Note: Delegated circuits must notify the AO's SFD so that the AO can monitor the rent bill to insure that charges are correct and paid from the juror appropriation.

4. (4) If parking spaces are not available in GSA-controlled buildings or parking lots, courts may use their delegated procurement authority to procure private parking space(s) after obtaining appropriate documentation from the GSA. The costs for private parking must be charged to the juror appropriation. For detailed steps, see: § 630.20.20.

3. (c) Parking spaces specifically dedicated for jurors, in either privately contracted space or GSA-controlled space, must not be used for court employee parking.

§ 630.70.20 Employees with a Temporary Disability

1. (a) Employees with a temporary disability may be temporarily assigned a parking space, subject to the availability of parking spaces.

2. (b) The employee must reimburse the court (see: § 630.20(c)) for the cost associated with the parking space in GSA-controlled spaces or pay a vendor in non-GSA controlled space for the cost of parking.

Note: A limited number of spaces for people with disabilities are required by code in most parking garages or parking lots. GSA, landlords, or vendors should be able to assist in assigning a space that provides accommodations for an employee with disabilities.

§ 630.70.30 Parking at Visiting Facilities

1. (a) Local court travel funds must be used to reimburse staff for parking when visiting other court facilities.

2. (b) For judicial officers who use visiting facilities, see: § 630.50.10.

§ 630.80 Taxable Parking http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20_10 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20_20 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_50_10

All employer-provided parking is considered income and therefore, taxable under the Internal Revenue Code. The employer-provided parking space becomes taxable when its value exceeds the cost threshold established annually by the IRS. For further guidance, contact the AO Human Resources Office.

§ 630.90 Parking for New Courthouses and Major Alteration Projects For new courthouse projects or major alteration projects, the same number of parking spaces assigned to that court or court unit at the previous facility or the facility prior to the alteration project, and as reflected in the GSA rent bill, will be requested, including the following:

1. (a) Official parking spaces as described in § 630.50.

Note: Parking spaces for judges are required to be secure (i.e., structured parking), so for planning purposes, the number of spaces for judges will be estimated for 10 years following the estimated occupancy date.

2. (b) Parking spaces assigned to the court or court units, including those that are funded by the court or court unit, or reimbursed by employees. See: § 630.20(b) and (c).

Note: Since parking rates will likely increase at a new or renovated facility, courts and employees should carefully consider continuation of parking needs that are court or court unit funded, or employee-reimbursed.

http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_50 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20 http://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-16-space-and-facilities/ch-6-overtime-utilities-parking-antennas#630_20