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COLUMBUS, Ga. — City officials just gave their final approval on a proposed policy that will now allow police officers and other select employees to drive their work vehicles home into Alabama.
The policy comes after being identified as a large morale issue for a significant portion of the city’s police force. The policy affects about 90 total CCG employees, of which 45 are employed by CPD: roughly 10% of the entire police force.
After approving the general concept to be developed into a formal policy proposal several weeks ago — which saw much resistance from the city’s inner-bureaucratic departments — city councilors have now reviewed that fully- developed policy and provided their stamp of approval through a unanimous vote.
Since insurance practices generally do not allow for coverage of city vehicles across state lines during an employee’s off-duty hours, officers will be required to sign a total liability waiver to partake in the voluntary interstate policy which provides total indemnity for the city.
While the policy itself does not explicitly state it, the document does appear to heavily imply that officers who choose to participate in the program would have to add their designated work vehicle to their own personal auto insurance policy. Without doing so, they would not have insurance coverage while driving to and from work during their off-duty hours.
The unamended policy and waiver can be viewed on pages 152-158 of the agenda packet for the city council meeting held on July 25, 2023, though slight changes were amended during the meeting that alter items 7 & 9 of the policy. The subtle changes ensure that only general government employees are subject to the jurisdiction of the city manager and that all actions relating to public safety employees will remain under the control of the public safety director. The waiver has also had a witness signature line added, which is fairly standard for any legally-binding document.
Here’s a look at what the wording of the policy and its associated liability waiver actually say.
THE POLICY
The following is the full unamended text of the "City Vehicle/Car Allowance Policy," as presented to council on July 25, 2023. Modifications orally approved by council during the meeting have been added by the Muckraker on items 7 & 9 in italics:
City Vehicle/Car Allowance Policy
The following Policy shall apply to all employees of the Columbus Consolidated Government who are assigned a city-owned vehicle or who receive a car allowance to compensate them for providing their own transportation while on city business. This Policy shall become effective as of July 11, 2023. This policy repeals and replaces the Cit Vehicle/ Car Allowance Policy which was adopted by Council on August 13, 2019 and became effective on January 1, 2020. The City Council Car Policy Committee shall periodically, and at least annually, review the policy, and make recommendations for changes to the full City Council.
1. Public Safety employees who are assigned a city-owned automobile may drive the vehicle to and from work to his or her private residence if the residence is located in Muscogee, Harris, Talbot or Chattahoochee counties, Georgia or in Russell, Lee, Macon, Bullock and Barbour County in Alabama.
2. General Government employees who are assigned city-owned vehicles which may require a response to an emergency situation (i.e. loss of internet connection at individual fire stations, etc.) during the employee's off duty hours may drive the vehicle to and from work to his or her private residence if the residence is located in Muscogee, Harris, Talbot or Chattahoochee counties, Georgia or in Russell, Lee, Macon, Bullock and Barbour County, Alabama.
3. City-owned vehicles may also be driven to residences located in Georgia and Alabama under the following conditions:
a. If the state or federal agency which oversees a local agency of the Columbus Consolidated Government requires a specific response time in the event of incidents at or involving the local agency, the vehicle may be driven to a residence in Muscogee, Harris, Talbot or Chattahoochee counties, Georgia or Russell, Lee, Macon, Bullock and Barbour County, Alabama upon approval by the applicable Department Head or Elected Official.
b. Written notification to the Director of Public Safety shall be required when assigning a vehicle for this purpose.
4. Public Safety and General Government employees who take their City owned vehicle out of the state, must sign the attached ACKNOWLEDGMENT OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT FOR OUT-OF-STATE USE OF CCG-OWNED MOTOR VEHICLE.
5. The above listed policies do not apply to Public Safety officers who, in the active performance of duties, are involved in travel across state lines, to include investigations, police pursuits, support of mutual aid agreements, and traffic enforcement. Such travel is permitted with proper notification to the Public Safety agency, which can be accomplished through the 911 Center.
6. In the event a Public Safety officer must travel out of the state of Georgia on official business (i. e. to transport a prisoner or to interview a witness), such travel may be accomplished in a city-owned vehicle upon written notification by the head of the agency to the Director of Public Safety.
7. All employees who are issued city-owned vehicles are responsible for the periodic maintenance and upkeep of the vehicle. In the event an employee is found to be negligent in maintaining a vehicle, the employee will be subject to disciplinary action. (Stricken: as determined by the City Manager.)
8. The pre-operational checklist provided with each city-owned vehicle shall be completed by every driver each day a vehicle is driven on city business. Failure to complete the checklist may result in discipline of the employee up to and including denial of future use of city vehicles. It is the responsibility of the department head to ensure the compliance with this policy.
9. General Government Employees within departments that are on call for a specific time period during each month may be authorized to take the vehicle home only during the time they are on call (i.e. Engineering and Risk Management Investigators}. This discretionary approval must be obtained from the City Manager in advance except in an emergency. In case of an emergency or special circumstance, a department head may authorize an employee to temporarily retain a vehicle overnight and/or weekends under certain conditions without prior approval of the City Manager. In the event of an emergency authorization, the City Manager shall be notified no later than the next business day.
Emergency work is defined as necessary work requiring immediate attention for the protection of persons or property and specifically requiring the presence of the employee in a supervisory and/or technical capacity to reduce the emergency.
10. In all cases where written notification of a supervisor is required by this policy, a copy of such notification shall be provided to and maintained by the City Manager in his/her official capacity as the custodian of city property.
11. Employees who drive a city-owned vehicle shall participate in an initial training course as provided by the employee's department or agency. If the department or agency does not offer an annual driver refresher course, the employee shall participate in the course provided by the city. Any employee involved in an at-fault accident shall participate in the next available remedial driver course as provided by the city. Failure to participate shall result in loss of driving privileges.
12. In instances where an employee regularly requires transportation to complete assigned duties and it is determined that it is not an efficient use of a City-owned vehicle to issue a City car to that employee, at the time of employment or at the request of the employee or supervisor, a determination shall be made regarding the payment of a car. allowance or payment of mileage. The initial determination shall be made by the department head with the final determination made by the Mayor or City Manager as appropriate. After August 1, 2023, the amount of a car allowance shall be determined each year by position during the Budget Cycle and approved by the City Council.
THE WAIVER
The following is the full unamended text of the City’s "Acknowledgment of Liability and Assumption of Risk Agreement for Out-of-State Use of CCG-Owned Motor Vehicle," as presented to council on July 25, 2023:
ACKNOWLEDGMENT OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT FOR OUT-OF-STATE USE OF CCG-OWNED MOTOR VEHICLE
I, ________ , the undersigned employee of the Columbus, Georgia Consolidated Government (“CCG”), being over the age of eighteen (18), request to operate a CCGowned motor vehicle in the State of Alabama and/or some other State outside the State of Georgia.
I fully understand that by operation of a CCG-owned motor vehicle in the State of Alabama or any other State outside the State of Georgia, I may cause property damage and/or physical injury to myself or others, including but not limited to serious bodily injury, permanent disability, or death. I am fully aware of the risks and hazards involved with my decision and freely and voluntarily assume all risks, both known and unknown, even if arising from the negligence or alleged negligence of the CCG, its departments, employees, officials, representatives, and/or agents.
I acknowledge and understand that I may be personally liable for any and all claims, demands, judgments, actions and causes of action whatsoever arising out of, or related to any loss, damage or injury that may be sustained by me or others, including, but not limited to, any and all personal injuries and/or property damages resulting from any motor vehicle accidents on public streets or private property, negligence claims, wrongful death claims and any other claims resulting from or related to my operation of a CCG-owned motor vehicle in the State of Alabama or any other State outside the State of Georgia.
I further acknowledge and understand that the CCG, its departments, employees, officials, representatives, and agents will not indemnify or defend me from any loss, liability, damage or costs, including court costs and attorneys’ fees, resulting from or related to my voluntary operation of a CCG-owned motor vehicle in the State of Alabama or any other State outside the State of Georgia.
I HAVE READ THIS ACKNOWLEDGMENT OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND THE TERMS, AND HAVE SIGNED IT FREELY AND VOLUNTARILY AND WITHOUT ANY INDUCEMENT.
Signed on this ___day of _____________________, 20___.
(Signature & Witness Lines Follow)
IN CONCLUSION
We’d like to extend a special thanks to all of our city’s first responders for what they continue to do for our city each and every day.
Stay with the Muckraker as we continue to cover future developments of this story and others regarding the Columbus Police Department.
Facts are stubborn things — and we’ll keep publishing them, whether city officials like them or not.
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