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HomeMy WebLinkAboutResolutions - 1992.11.05 - 21094REPORT (Misc. 92245) November 5, 1992 BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: MR 92245 PERSONNEL AND RISK MANAGEMENT-DRIVING STANDARDS AND DRIVING RECORDS REVIEW PROCEDURES FOR CURRENT AND PROSPECTIVE EMPLOYEES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Ladies and Gentlemen: The Personnel Committee, having again reviewed the above referenced resolution on October 28, 1992, reports with the recommendation that the resolution be adopted; and further recommends addition of the following: BE IT FURTHER RESOLVED that the Personnel Department report to the Personnel Committee bi-annually the number of individuals impacted by this resolution, both in the pre-employment modality and current employees. Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. LRS,L COMMITTEE MISCELLANEOUS RESOLUTION # 92245 October 22, 1992 BY: PERSONNEL COMMITTEE, Marilynn Gosling, Chairperson IN RE: Personnel and Risk Management - Driving Standards and Driving Records Review Procedures for Current and Prospective Employees TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Mr. Chairperson, Ladies and Gentlemen: WHEREAS to secure proper auto fleet liability insurance coverage, and to maintain same, the County's insurance carrier has mandated that the County adopt driving standards for its employees including the review of motor vehicle records and auto accident causation; and WHEREAS the screening of County employee drivers is necessary to ensure the County can retain sufficient and affordable insurance coverage and reduce liability exposure to the County; and WHEREAS the County is concerned with the safety of its employees and protection of the public; and WHEREAS hiring employees with acceptable driving records and training employees who develop unacceptable driving records will reduce vehicle accidents, injuries, repair costs and insurance premiums; and WHEREAS such driving standards and review procedures will provide for the review of all employee driving accidents while on County business and for remedial and disciplinary measures when unsatisfactory driving performance is determined. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the attached driving standards for County employees and procedures for review of current and prospective employees' driving records effective January 1, 1993. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMITTEE PROSPECTIVE AND PROBATIONARY EMPLOYEE DRIVING STANDARDS No individual may work for Oakland County in any position requiring driving unless they meet the minimum acceptable driving standards as detailed below. No individual may be hired nor may a job offer be made to any person who will operate a vehicle in the performance of their employment with the County until all pre-employment processing is completed. In order to expedite the appointment process and to facilitate department needs, the hiring process may proceed based on the individual's signed verification that they meet the minimum driving standard; however, if the formal hiring review proves otherwise, the employee may be subject to immediate dismissal. One of the key steps in the pre-employment processing procedure is a review of the prospective employee's operator record by Risk Management and Safety to determine eligibility for vehicle operation. Motor Vehicle Record (MVR) reviews will be performed for each state in which the operator has held a license in the last 2 years. Periodic MVR reviews may be conducted during the initial 6 month term of employment. Driving records will be retained in the employee's personnel file for a 24 month period or longer as deemed necessary by the Personnel Department. Driving records of those individuals not hired will be placed with their application materials. All newly appointed employees who are required to drive in the course of employment are subject to a 6 month probationary driving period. Upon completion of the 6 month probationary driving period, the employee will be subject to "Current Employee Driving Standards" which cover a 24 month retroactive period. RECORD REVIEW The Risk Management MVR review will consider moving violations in the 24 month time span prior to date of review to determine eligibility for hiring an employee. Upon conviction, moving violations are counted as of the date of occurrence. Driving infractions will consist of moving violations only prior to employment by Oakland County and both moving violations and preventable accidents while employed by Oakland County. A moving violation is the violation of state law or ordinance while vehicle is being operated, but excluding no registration, no proof of insurance or failure to change address and is not limited to County vehicles and/or County business. A preventable accident infraction will consist of those accidents which occur while on County business as determined by the Oakland County Accident Review Committee (ARC). Preventable accidents are counted upon determination of the ARC and are effective as of the date of occurrence. Probationary driving employees may not appeal an ARC finding of "preventable accident." LATE POSTINGS BY THE SECRETARY OF STATE WILL STILL BE CONSIDERED WHEN SUCH INFORMATION COMES TO THE ATTENTION OF RISK MANAGEMENT AND MAY LEAD TO DISMISSAL DURING THE INITIAL 6 MONTH PROBATIONARY PERIOD OF EMPLOYMENT EVEN THOUGH THE INITIAL REVIEW APPEARED TO SHOW AN ACCEPTABLE RECORD. Prospective and Probationary Employee Driving Standards Page Two I. Maximum Allowable Moving Violations: A. No more than 2 moving violations in last 12 months. B. No more than 3 moving violations in last 24 months. Persons Eligible to Drive on County Business A. An individual with fewer than the maximum allowable moving violations, as defined in I. above, at date of review may acquire no more than 1 driving infraction during the 6 month probationary driving period. B. An individual with the maximum allowable moving violations, as described in I. above, at date of review may not acquire any further driving infractions during their 6 month probationary driving period. C. Revocation or suspension of operator's license during the 6 month probationary driving period, regardless of conditions or restriction of a State suspension which might allow a person to drive during employment, may result in failure to complete the individual's initial 6 month term of employment. Persons Not Eligible to Drive on County Business A. At date of hire, no person may have moving violations in excess of the maximum allowable violations as described in I. above. B. No person, who may be required to drive in the course of their employment, may be employed unless they possess and continue to maintain a valid Michigan driver's license including any required endorsements. C. A person with a misdemeanor/felony driving conviction or a criminal conviction involving the use of a motor vehicle, such as (but not limited to) driving while impaired, is not eligible for employment, in any job which requires driving, for a period of 2 years from date of occurrence. CURRENT EMPLOYEE DRIVING STANDARDS (For employees who have completed their 6 month probationary driving period resulting from an appointment, transfer or promotion) Employees must have a current valid Michigan driver's license with all endorsements as required by the State of Michigan for the type of driving the employee performs for Oakland County. Employees must not drive on County business while suspended by the State. Employees must maintain a satisfactory driving record determined by the number of infractions in a rolling 24 month period up to the record review date. Infractions that occurred prior to implementation of this policy will not be considered in the record review for persons employed by Oakland County prior to implementation of this policy but employees must meet requirement A above regardless of date of hire. Employees transferred or promoted into a first time driving assignment will be subject to an initial 6 month probationary driving period equal to Prospective and Probationary Driving Standards. Employees who fail to successfully complete their initial 6 month term of probationary driving will not be allowed to drive on County business. Infractions consist of moving violations and/or preventable accidents which are defined as follows: 1. Moving Violations - the violation of state law or ordinance while vehicle is actually in operation, but excluding no registration, no proof of insurance, or failure to change address and is not limited to operation of County vehicle or performance of County business. Upon conviction, a moving violation is counted at date of occurrence. 2. Preventable Accidents - an accident while on County business or in a County vehicle which is determined by the Accident Review Committee (ARC) to be preventable in accordance with standards in "A Guide to Determining Accident Preventability" published by the National Safety Council, 1964. Unless an ARC finding is timely appealed to and reversed by the Accident Review Committee Appeal Board (ARCAB), it is effective upon the date of the accident occurrence. 3. A preventable accident which involves a moving violation will be considered as 1 infraction. CURRENT EMPLOYEE DRIVING STANDARDS Page Two C. Results of Progressive Infractions in the 24 month review period: 1. Any combination of 2 infractions will result in a warning letter to the employee with a copy placed in the employee's personnel file. 2. Any combination of 3 infractions will result in a 1 year driving probation from the date of the last infraction. Employees will be issued a notice of driving probation with a copy placed in the employee's personnel file. The employee may be required to participate in remedial driving training and/or may be referred to the Employee Assistance Program by the ARC, ARCAB, or their department, if deemed appropriate. D. LOSS of Right to Drive on County Business 1. No person may operate a County vehicle or any vehicle on County business while under State or County suspension which is effective after the date of implementation of this policy, regardless of suspension wording that allows driving during the course of employment. 2. An employee with a misdemeanor/felony driving offense conviction, such as driving while impaired, is not eligible to drive on County business for a minimum of 1 year from date of conviction. A one year driving probation will be instituted upon completion of driving suspension for misdemeanor/felony driving offense conviction. 3. An employee who incurs 1 moving violation or preventable accident during County probation driving period is suspended from driving on County business for the balance of their current probationary driving period but not less than 1 month, The employee will then be subject to an additional 1 year probationary driving period effective upon their return to their driving assignment. Loss of driving authoriza- tion may result in disciplinary action up to and including discharge for those employees where driving is required in their job function. 4. An employee who drives on County business in violation of a State or County driving suspension or who fails to notify Risk Management and Safety in writing of a driving accident while on County business, within 1 business day of said accident, may be subject to disciplinary action up to and including discharge. (8) OAKLAND COUNTY VEHICLE ACCIDENT REVIEN PROCEDURE REPORTING OF ACCIDENTS An employee having a "motor vehicle accident" (whether driving a County owned vehicle or a private vehicle) in which contact is made with any other vehicle, fixed object, animal, or person (fa any reason) while on County business must report the accident to Risk Management and Safety within 24 hours by telephoning 858-5138. Prior to telephoning, the employee will secure the police report number, as well as the police department name, and relay that information to Risk Management and Safety. An automobile accident report form (Risk Management Form AA) must be obtained and completed by employee at Central Garage. A damage estimate will be written at Central Garage while the employee completes the accident form. If the vehicle is not drivable, call Central Garage at 858-0925 for further instructions. For additional details on motor vehicle accident reporting, see the enclosed Risk Management and Safety memorandum, "Accident Reporting Procedures" dated July 18, 1989. PROCESS FOR REPORTING The secretary for the Accident Review Committee (ARC) will receive and retain accident forms, police reports, and related reports on which the finding will be made. The ARC secretary may make an immediate finding of "non-preventable accident" when the facts so warrant. The ARC secretary will also request, as needed, the vehicle repair records, schedule the ARC hearings and appeals, and report ARC findings. ACCIDENT REVIEW COMMITTEE COMPOSITION AND MEETING SCHEDULE The Accident Review Committee (ARC) shall consist of 1 representative to be named by each of the following units: Sheriff's Department Central Garage Personnel Department Risk Management and Safety Department of Public Works Court Representative* Prosecutor's Representative* *A representative of the court and prosecutor's office will be invited to join the ARC for cases involving their respective employees. Vehicle Accident Review Procedure Page Two The aforementioned units may send a substitute (not a member of the ARCAB) should the appointed representative be unable to attend the ARC meeting. The ARC meetings will be chaired by the representative from Risk Management and Safety who will record findings of the ARC and will cast a vote only in the event of a tie or to form a quorum. Decisions will be based on written documentation only such as the vehicle accident report, police report, photographs and memorandums regarding the accident. Decisions are based on a simple majority of ARC members voting. At least 3 of the representatives or alternates must be present at each ARC meeting to form a quorum. ARC decisions as to preventability will be based upon A Guide to Determine Accident Preventability published by the National Safety Council, 1964. The ARC will meet, when necessary, the second and fourth Tuesday of each month at 1:30 P.M. at a designated location. Whenever possible, the ARC secretary will schedule accident reviews for the next ARC meeting following the accident date. NOTIFICATION OF FINDINGS Within 7 calendar days of a decision, a written notification of the ARC findings will be delivered in person or sent by registered mail, restricted delivery (return receipt requested) to the employee involved in the accident, with a copy to the department head. An employee wishing to appeal the ARC ruling may request in writing a personal hearing. Such requests must be delivered to the office of Risk Management and Safety in person or sent by certified/registered mail (return receipt requested) within 14 calendar days from notice to the employee of the ARC findings. If an appeal is not made, the ARC decision shall take effect on the date of the original ARC finding. Written requests for appeal hearings must be sent by the employee to the ARC/ARCAB Secretary, c/o Accident Review Committee Appeal Board (ARCAB), Risk Management and Safety, 4th floor - Executive Office Building. A copy of the appeal request will be sent to the employee's department head by Risk Management and Safety. ACCIDENT REVIEW COMMITTEE APPEAL BOARD COMPOSITION The ARC Appeal Board (ARCAB) will consist of the representative's alternate from each of the following departments not previously serving on the Accident Review Committee: Sheriff Department Central Garage Personnel Department Risk Management and Safety Department of Public Works Court Representative* Prosecutor's Representative* *A representative of the court and prosecutor's office will be invited to join the ARC for cases involving their respective employees. 1 Vehicle Accident Review Procedure Page Three The aforementioned units may send a substitute (not a member of the ARC) should the appointed representative be unable to attend the ARCAB meeting. The ARCAB will be chaired by a representative of Risk Management and Safety who will record findings and cast tie breaking votes as needed. Three present alternates makes a quorum. Upon receipt of an appeal hearing request, an employee will be sent an appeal hearing date (with copy to department head) and be provided copies of the County Automobile Accident Report and the official traffic report (UD-10), when applicable. An employee will be allowed to make up to a 15 minute presentation to the ARCAB which may include any evidence the employee wishes to have considered as well as 1 witness and a union representative, at the employee's request, to assist in the presentation of the case. The employee will be permitted to leave his/her work, after obtaining approval of his/her supervisor and recording the time, for the purpose of appealing the ARC ruling to the ARCAB. Permission for the employee to leave his/her work assignment will not be unreasonably withheld. The employee will report back to his/her supervisor upon returning from the appeal hearing. The witness and the union representative shall not be a voting member of the ARCAB. The ARCAB may request witnesses, as necessary, to the appeal hearing. Appeals may not be rescheduled* without approval of the ARC secretary who also acts as secretary to the ARCAB. All appeal decisions are final and have immediate effect. *Postponement may be granted for extenuating circumstances by the ARCAB secretary. If the employee cannot attend a scheduled appeal, they must notify the ARCAB secretary at 858-5138 to request a postponement prior to the scheduled hearing session. Failure to appear and/or failure to request a postponement shall result in an appeal determination confirming the original ARC determination. #92245 November 5, 1992 Moved by Gosling supported by Obrecht the Personnel Committeek be accepted. A sufficient majority having voted therefor, the report was accepted. Moved by Gosling supported by Obrecht the resolution be amended to agree with the Personnel Committee Report. A sufficient majority having voted therefor, the motion carried. Moved by Gosling supported by Obrecht the resolution be referred back to the Personnel Committee for further consideration. A sufficient majority having voted therefor, the resolution, as amended, was referred back to the Personnel Committee. REPORT November 5, 1992 BY: Personnel Committee, Marilynn E. Gosling, Chairperson IN RE: MR 92245 PERSONNEL AND RISK MANAGEMENT-DRIVING STANDARDS AND DRIVING RECORDS REVIEW PROCEDURES FOR CURRENT AND PROSPECTIVE EMPLOYEES TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Ladies and Gentlemen: The Personnel Committee, having again reviewed the above referenced resolution on October 28, 1992, reports with the recommendation that the resolution be adopted; and further recommends addition of the following: BE IT FURTHER RESOLVED that the Personnel Department report to the Personnel Committee bi-annually the number of individuals impacted by this resolution, both in the pre-employment modality and current employees. Mr. Chairperson, on behalf of the Personnel Committee, I move acceptance of the foregoing report. PERSONNEL COMMITTEE PERSONNEL COMMITTEE VOTE: YES-Gosling, Law, Krause, McConnell, Wolf, Obrecht, Price NO-McPherson ABSENT-Moffitt MISCELLANEOUS RESOLUTION # 92245 .Octobec 22, 1992 BY: PERSONNEL COMMITTEE, Marilynn Gosling, Chairperson IN RE: Personnel and Risk Management - Driving Standards and Driving Records Review Procedures for Current and Prospective Employees TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS: Mr. Chairperson, Ladies and Gentlemen: WHEREAS to secure proper auto fleet liability insurance coverage, and to maintain same, the County's insurance carrier has mandated that the County adopt driving standards for its employees including the review • of motor vehicle records and auto accident causation; and WHEREAS the screening of County employee drivers is necessary to ensure the County can retain sufficient and affordable insurance coverage and reduce liability exposure to the County; and WHEREAS the County is concerned with the safety of its employees and protection of the public; and WHEREAS hiring employees with acceptable driving records and training employees who develop unacceptable driving records will reduce vehicle accidents, injuries, repair costs and insurance premiums; and WHEREAS such driving standards and review procedures will provide for the review of all employee driving accidents while on County business and for remedial and disciplinary measures when unsatisfactory driving performance is determined. NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners adopts the attached driving standards for County employees and procedures for review of current and prospective employees' driving records effective January 1, 1993. Mr. Chairperson, on behalf of the Personnel Committee, I move the adoption of the foregoing resolution. PERSONNEL COMMIli