Exhibit_C_-_25-8398.pdf

CMA # 5805

ELIGIBILITY TO DRIVE COUNTY-OWNED VEHICLES

[Effective Date: October 1, 1998 (Revised: January 1, 2011; Revised: January 31, 2019; Revised

January 12, 2024)]

§ 5805-1. Purpose.

The purpose of this Instruction is to provide specific criteria to employees and Supervisors regarding the eligibility of employees and new hires to operate County-owned motor vehicles. The goal of this policy is to identify drivers with adverse driving records in order to prevent losses from occurring and to preserve the County's defensive position should litigation occur.

§ 5805-2. Background.

The County Manager's Agency owns and operates a fleet of vehicles for use by employees in the performance of their duties. It is the policy of the agency to perform driver’s license background checks on all employees considered for hire, employees selected for transfer from non-driving to driving positions within the County, and to conduct annual drivers' license background checks on all current employees. Standards for acceptable driving have been established within the Risk

Management Division and are used as the basis for determining an employee's acceptability to operate a County-owned vehicle.

§ 5805-3. Applicability.

This policy applies to all Collier County Board of County Commissioners’ (BCC) employees and those accepted to volunteer for the County.

1) Only County employees or volunteers who are 18-years of age and older shall operate

County-owned motor vehicles licensed for street use and only with the approval or direction of their Supervisor.

2) Provided driving standards are met and approval is granted by the Division Director responsible, an exception may be made in emergency conditions for non-employees to drive County vehicles.

§ 5805-4. Definitions.

1) “At-fault Accident” is one that results in an employee being cited and convicted of an offense, any vehicle accident while operating a County-owned vehicle which is caused by the employee while operating a vehicle, even if no police report is made, or any vehicle accident which involves a failure to follow proper Maintenance of Traffic procedures.

2) “Adjudication Withheld” is when an employee has been cited with an offense even though a conviction has not been recorded. Offenses with a final disposition of

“Adjudication Withheld” are considered the same as if a fine is assessed.

3) For the purpose of this policy; a “serious accident” is any accident that results in the death of any person; or first or third-party property damage that exceeds $25,000.

4) “Employee” is any person performing work on behalf of the County and shall include but not be limited to full time, part time, temporary, contracted or other persons permitted to operate a County vehicle.

5) “Vehicle” is any motorized conveyance which is designed and licensed for use on public roads and which requires the operator to possess a driver’s license for the class of vehicle being operated.

§ 5805-5. Procedure.

A. All individuals who drive County-owned vehicles must possess the following:

1) A current, valid Florida driver’s license (DL) with full privileges (not suspended or revoked) with a license class sufficient to cover the vehicle being driven.

a) Exceptions may be granted by Risk Management for any non-resident college student engaged in a work-study program for which academic credits are earned if that student has a valid driver’s license issued by another state. Requests for this exemption must be made in writing to the Risk Management Division and must include the student name, DL issuing state, and DL number.

b) If an employee’s DL is suspended or revoked for any reason, it is the employee’s duty to report this fact to his/her supervisor no later than the end of the next shift or day at work. Failure to do so may make that individual subject to disciplinary action, including possible termination of employment.

(2) A driving record that meets County driving standards.

B. Driving Standards:

Any employee or volunteer with any of the following within the past three years shall not be allowed to drive a County-owned vehicle. The three-year period begins either the date of discovery of the offense, the date of conviction or the date of final disposition or date classified as "adjudication withheld," whichever is later. The completion of traffic school or any other educational program by the employee does not remove the offense from consideration, even if points have been removed.

(1) Any combination of three at-fault accidents, moving violations in any vehicle and/or, failure to wear a seat belt, or any equipment violations while operating a County vehicle.

(2) Two at-fault accidents involving County-owned vehicles.

(3) One or more serious violations as outlined in section C.

C. Serious Violations:

(1) Driving under suspension, cancellation, or revocation of a license.

(2) Failure to stop and render aid during an accident involving injury/death.

(3) Failure to stop and report an accident

(4) False accident report/perjury.

(5) Fleeing or eluding police.

(6) Homicide, manslaughter, or assault with a motor vehicle.

(7) Leaving the scene of an accident.

(8) Reckless driving.

(9) Refusal to comply with a lawful police/fire department order.

(10) Permitting unauthorized operator to drive.

(11) Refusal to submit to chemical test.

(12) Unlawful use or display of a license.

(13) Driving Under the Influence (DUI)

D. Accidents, Misuse and Unsafe Acts Involving County Vehicles:

1) Employees who are involved in “serious accidents” involving county-owned vehicles and are found to be “at-fault” may have their driving privileges revoked regardless of their overall driving record.

2) The Risk Management Director or his/her designee shall make a recommendation to the

County Manager to revoke an employee’s driving privileges, resulting from a “serious accident.” Revocation of privileges will be effective upon the County Manager’s approval of the recommendation.

3) Intentional abuse, misuse, reckless, unsafe acts and/or negligent operation(s) of any

County-owned vehicle or equipment may result in departmental disciplinary action as described in CMA 5351 of the Collier County Human Resources Practices and Procedures, up to and including termination of employment.

E. Motor Vehicles Record Checks (MVR):

The standards within this CMA may be used in evaluating an applicant's eligibility for employment or the eligibility for a current employee to transfer from one position to another within the County. Written notice regarding the finding of an unacceptable driving record will be forwarded to an employee's current Supervisor (if applicable) and the Human

Resources Division. No notice will be sent regarding those persons whose driving records are acceptable.

1) The Risk Management Division shall obtain a MVR on all applicants being considered for employment with Collier County BCC as part of the new hire process.

2) The Risk Management Division shall request a MVR on every BCC employee at least once a year.

3) The Risk Management Division may request a MVR on employees involved in motor vehicle accident.

4) The Risk Management Division may obtain a MVR upon the written request of the

Division Director or Administrator.

F. Supervisor Responsibility:

1) Supervisors shall notify the Risk Management Division and Human Resources Division as soon as they become aware that an employee under their supervision does not meet the requirements of this policy.

2) Supervisors who become aware that an employee does not meet these standards shall not allow that person to drive a County-owned vehicle.

3) Supervisors may place employees who lose their driving privileges in non-driving capacities. If the employee cannot be assigned to a non-driving position, the employee may be terminated in accordance with the Collier County Human Resources Practices and

Procedures.

4) Supervisors shall notify the Risk Management Division as soon as they become aware of any vehicle accident involving a County-owned vehicle, regardless of the amount of property damage and/or injuries involved.

5) Supervisors are responsible for ensuring all subordinates review and sign all Job Safety

Analyses (JSA’s) related to driving County-owned vehicles.

G) Employees Responsibility:

1) Employees shall obey all State and Federal Traffic laws.

2) Employees shall obey all departmental safety rules and procedures.

3) Employees shall document any damage to County-owned vehicles.

4) Employees shall report all accidents involving County-owned vehicles, regardless of the amount of damage, to their immediate supervisor and the Police/Sheriff if the accident involves damage to property not owned by the county or injury to a person not employed by the County.

5) Employees shall immediately report to their supervisor any driver’s license suspension or revocation.

6) Employees shall report to their supervisor any traffic citation issued while operating a

County-owned vehicle.

H. Administrative Proceedings:

1) Employees who fail to meet the driving standards as outlined in this Instruction may face administrative disciplinary proceedings as per CMA 5351, in addition to the loss of their driving privileges.

2) Such determination shall be made by the employee’s supervisor in cooperation with the

Human Resources Division and pursuant to Human Resources Practices and Procedures or other applicable CMA(s).

3) The County Manager shall have the authority to make exceptions to the standards contained within this CMA and/or their consequent administrative remedies on a case-by-case basis.

4) Requests for such an exception shall be made in writing by the employee and/or the employee’s supervisor and shall be copied to the Risk Management Director and the Human

Resources Director.

I. Reinstatement of a Driving Privileges

The privilege to drive a County-owned vehicle shall be reinstated at such time as an employee's driver’s license and MVR record meet the standards as set forth in this policy. The Risk

Management Division will review, as necessary, the records of employees prohibited from driving

County-owned vehicles and will notify their Supervisors and the Human Resources Department at the time such as driving privileges are reinstated.

§ 5805-6. Currency.

The Risk Management Division is responsible for maintaining the currency of this Instruction.

§ 5805-7. Reference.

Collier County Personnel Ordinance, Ordinance No. 2001-50: The County will provide a policy for specific practices and procedures for the enforcement of the safe operation of County vehicles.

Further, this policy will establish procedures for employees to formally acknowledge and accept responsibility for operating County motor vehicles.