R-3369-3-16' RESOLUTION NO. 3369.3.16(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE PERSONNEL POLICIES AND
PROCEDURES MANUAL BY AMENDING SECTION 15.04 "MOTOR VEHICLE
RECORD CHECK AND DRIVING ELIGIBILITY"; PROVIDING FOR A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council previously adopted the City of Allen Personnel Policies and Procedures
Manual on February 4, 2004; and,
WHEREAS, the policy contemplates that from time to time revisions and amendments should be made
to the manual; and
WHEREAS, it is the responsibility of the City Council to adopt amendments to the manual.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City of Allen Personnel Policies and Procedures Manual is hereby amended by the
policy attached hereto as Exhibit "A" and is hereby approved.
' SECTION 2. The City Council directs the City Manager, or designee to codify and promulgate the
revised policies set forth herein for the benefit and understanding of all City employees.
SECTION 3. All resolutions of the City of Allen, Collin County in conflict with this resolution are
hereby repealed.
SECTION 4. The City of Allen Personnel Policies and Procedures Manual as amended herein shall
continue in full force and effect until amended or repealed by resolution of the City Council.
SECTION 5. This resolution shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ON THIS THE 22nD DAY OF MARCH 2016.
APP �D•
ago
Stepp errell, MAYOR
M -Mi -9
' Shelley B. Geo e, TRMC, CITY SECRETARY
EXHIBIT A
CHAPTER EIGHTEEN
SAFETY
18.04 MOTOR VEHICLE RECORD CHECK AND DRIVING ELIGIBILITY
18.04 A PURPOSE
It is the City of Allen's policy that prospective employees applying for a job which entails
operation of a City vehicle or the use of personal vehicles within the course of their normal job
duties allow the City to perform a motor vehicle record check and also allow the City to obtain
their current three-year driving record. The driving records of current employees that operate City
vehicles or their personal vehicles in the course of their normal job duties will also be checked on
an annual basis. These requests are made as permitted by Sec. 411.135 of the Texas Government
Code. Records will be reviewed by the Human Resources Department to ensure that employees
who operate City vehicles can be expected to operate those vehicles safely and responsibly, and
uphold the City's Image and its obligations to its citizenry.
18.04 B ADMINISTRATIVE PROCEDURES
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Upon review of the applicant's driving record, the Human Resources Department will assign a
' driver rating to the prospective employee. A satisfactory rating is necessary for employment in a
position that entails operation of a City vehicle. An unsatisfactory driving rating will not
necessarily preclude employment in other positions that do not require use of a City vehicle or
personal vehicle. If it is determined that an applicant has falsified any information on the motor
vehicle record check form or has altered their driving record in any way, their application will be
voided in its entirety. Persons hired who do not possess an appropriate and valid Texas Driver's
License must obtain one within 30 days after being hired.
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Each year employees who currently operate City vehicles or use their personal vehicle within the
course of their normal job duties will be subject to an annual driving record check.
The Human Resources Department will annually obtain every employee's driving record from the
Texas Department of Public Safety, or the appropriate out-of-state agency if the employee has
lived in the state for fewer than three years. As with new hires, the employee's record will be
reviewed and given a rating that will determine whether or not the employee will be allowed to
operate City vehicles. Any employee involved in an accident while on City business may
immediately be subject to a driving record check. The following provisions will apply:
1. An unsatisfactory rating under Section 18.04 D will prohibit an employee from operating
a City vehicle or their personal vehicle in the course of their work, but will not otherwise
effect their employment with the City unless their primary job task is the operation of a
' vehicle. In that case numerous possibilities will be considered, up to and including
termination. In the instance of an unsatisfactory rating, the Department Head will meet
with the employee to discuss the implications of the rating.
Resolution No. 3369-3-16(R). Page 2
EXHIBIT A
' 2. Authorized personnel who have had their license suspended or revoked will
automatically be suspended from driving City or personal vehicles in the course of their
job duties.
3. Failure to inform the supervisor of a citation or license suspension (including
Commercial Driver's License) may result in disciplinary actions up to and including
termination.
18.04 D OPERATOR STANDARDS
The driving records of applicants and current employees in positions requiring the operation of
City vehicles or use of personal vehicles within the course and scope of their normal job duties
will be reviewed in terms of the following in order to determine driving eligibility. They shall not
be eligible if their total number of points accumulated over the three years covered by the record
check equals ten (10) or more.
Violations
Points
License
10
Sus nsionlrevocation
again be able to use personal vehicles within the course of their normal job duties.
Driving while intoxicated or
under the influence of
10
narcotics
Any serious violation such as
reckless driving,
10
endangerment, racing, etc.
Anv meeding violation
3
Any chargeable bodily injury
3
accident
Any chargeable property
3
accident
Any standard moving
I
violation
Any chargeable property
damage accident totaling less
than $1,000 and does not
I
involve a citizen or any other
privately owned property
Points are only recorded in the case of a conviction, guilty plea or any adjudication other than
guilty. If a defendant is found not guilty of a violation, no points will be recorded.
18.04E REINSTATEMENT OF DRIVING ELIGIBILITY
The following provisions will apply:
Resolution No. 3369-3-16(R). Page 3
1. If an employee's driving record improves enough over time (i.e., offenses pass out of the
three-year record), the employee will again be allowed to operate City vehicles or will
again be able to use personal vehicles within the course of their normal job duties.
Resolution No. 3369-3-16(R). Page 3
EXHHHT A
' 2. An employee can take a City approved defensive driving course once every three (3)
years in order to nullify a single three-point offense. The employee must successfully
graduate the course and provide evidence attesting to that fact to the Human Resources
Department and the employee's Department Head. The employee must participate in the
course on his/her own time and not during his/her scheduled work hours.
3. The Human Resources Director, at the request of the Department Head, may reinstate the
employee's driving privileges if the Department Head so chooses after reviewing the
employee's work history, overall driving record, and safety record, or make reinstatement
conditional upon the outcome of any court case stemming from the employee's violation.
This decision will be made on a case-by-case basis and driving privileges will not be
reinstated simply because a request is made by the employee or Department Head.
4. The previously listed provisions are the only means for the employee to have his/her
driving eligibility reinstated.
18.04 F EXCEPTIONS AND GRANDFATHER CLAUSE
Employees hired before the implementation of this policy who would become immediately
ineligible to operate City vehicles under it may be grandfathered if they did not become ineligible
due to a serious (10 point) violation. If an employee did commit a serious violation, the following
procedures will be followed:
1. The employee may immediately be removed from their position if its primary functions
' involve operation of City vehicles and be reassigned to a non -driving position, if feasible.
Reassignments must be reviewed and approved by the City Manager.
2. Decisions on reassignment will be handled on a case-by-case basis and involve review of
the employee's work history, overall driving record, and safety record.
3. A reassigned employee will receive payment based on the classification of their new
position immediately after the reassignment.
4. If the employee cannot be reassigned, he/she will be separated from employment within
thirty (30) days from when the employee was determined to be ineligible for his/her
position.
If the employee continues with the City in any position, driving checks on the employee will
continue normally as described in this policy. Grandfathered employees will be considered as
starting with a clean record immediately upon their grandfathering.
18.04 G VEHICLE USAGE
Employee vehicle usage is governed by the City's Vehicle Use Policy (Administrative Directive
FIN -6). Revocation and return of driving eligibility due to violation of a section of the Vehicle
Use Policy will be handled at the appropriate Department Head's discretion on a case-by-case
basis.
Resolution No. 3369-3.16(R). Page 4