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HomeMy WebLinkAbout2013_0621_Agenda_PacketKathy Clark Chair Calvin Murashige Vice -Chair Warren Perry Secretary COUNTY OF KAUAI BOARD OF ETHICS NOTICE OF MEETING AND AGENDA Friday, June 21, 2013 1:00 p.m. or shortly thereafter Mo'ikeha Building, Liquor Conference Room 3 4444 Rice Street, L-ihu'e, HI 96766 CALL TO ORDER APPROVAL OF MINUTES Regular Open Session Minutes of May 17, 2013 COMMUNICATION BOE 2013 -10 2013 County of Kaua'i Take Home Vehicle Policy DISCLOSURE a. Gilbert F. Maerina (Civil Service Commission) b. Bradley I. Chiba (Police Commission) c. Kirk I. Saiki (Department of Water) d. Dirk Apao (Cost Control Commission) Members: Kurt Akamine Mark Hubbard Brad Nagano Paul Weil EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes § §924 and 92 -5 (a) (4), 92 -9 (a)(14) (b), the purpose of this executive session is to receive and approve Executive Session minutes and to consult with the Commission's legal counsel on issues pertaining to the Commission's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. ES -010: Regular Executive Session Minutes of May 17, 2013 Pursuant to H.R.S. §92 -4 and H.R.S. 92 -5 (a) (2) and (4), the purpose of this executive session is to consider the evaluation, dismissal or discipline of an employee or officer of the County in which charges have been alleged against an employee or officer where consideration of matters affecting privacy will be involved; provided that if the individual concerned requests an open meeting, an open meeting shall be held; and to consult with the Board's legal counsel on issues pertaining to the Board's and the County's powers, duties, privileges, immunities, and/or liabilities as they may relate to this item, deliberate and take such action as appropriate. An Equal Opportunity Employer ES -7: BOE 12 -001 Complaint dated 1/12/12 alleging that an employee or officer of the County is operating a private business in conflict with their position with the County of Kaua'i a. Resolution 2012 -3, adopted March 9, 2012, defining the scope for an investigation into a complaint alleging that an employee or officer of the County operating a private business in conflict with their position with the County of Kaua'i (Ongoing) ES -002: BOE 13 -001 Complaint dated 2/5/13 that an officer or employee of the County has breached the Code of Ethics as set forth in the Kauai County Charter and the Kauai County Code 1987 in the performance of his/her duties (Ongoing) ES -011: Review of the Board's responsibilities as relates to the scope of investigation for Resolution 2011 -1, adopted January 13, 2012, Resolution 2011 -2, adopted January 13, 2012, and Resolution 2012 -1 amending Resolution 2011 -1, adopted March 9, 2012 RETURN TO OPEN SESSION Ratify Board of Ethics actions taken in Executive Session for items: ES -010, ES -7, ES -009, and ES -011 ANNOUNCEMENTS Next Meeting: Friday, July 19, 2013 — 1:00 p.m., Mo'ikeha Building, Liquor Conference Room The Office of Boards and Commissions will no longer be providing bottled water to our members starting July 1St, 2013. This is one of our sustainability goals. Staff will provide cold water using a filtered system (i.e. Brita), so please bring in your water bottle that was provided to C. you. Mahalo. ADJOURNMENT NOTICE OF EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes §92 -7 (a), the Commission may, when deemed necessary, hold an executive session on any agenda item without written public notice if the executive session was not anticipated in advance. Any such executive session shall be held pursuant to HRS §92 -4 and shall be limited to those items described in HRS §92 -5(a). c: County Attorney Office 2 1 P a g e Board of Ethics — June 21, 2013 PUBLIC COMMENTS and TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24 -hours prior to the meeting indicating: 1. Your name and if applicable, your position/title and organization you are representing; 2. The agenda item that you are providing comments on; and 3. Whether you will be testifying in person or submitting written comments only. 4. If you are unable to submit your testimony at least 24 hours prior to the meeting, please provide 10 copies of your written testimony at the meeting clearly indicating the name of the testifier; and While every effort will be made to copy, organize and collate all testimony received, materials received on the day of the meeting or improperly identified may be distributed to the members after the meeting is concluded. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to: Board of Ethics Attn: Barbara Davis Office of Boards & Commissions 4444 Rice Street, Suite 150 Llhu`e, HI 96766 -' Email: bdavis@kauai.gov Fax: 241 -5127 Phone: 241 -4919 C c SPECIAL ASSISTANCE If you need an alternate format or an auxiliary aid to participate, please contact the Boards & Commissions Support Clerk at 241 -4919 at least five (5) working days prior to the meeting. Board of Ethics — June 21, 2013 Pa g ' � COUNTY OF KAUAI Minutes of Meeting OPEN SESSION DRAFT To Be Approved Board/Committee: I BOARD OF ETHICS Meeting Date May 17, 2013 Location Mo`ikeha Building, Liquor Conference Room 3 Start of Meeting: 1:00 p.m. End of Meeting: 1:49 p.m. Present Chair Kathy Clark; Vice -Chair Calvin Murashige; Secretary Warren Perry; Members: Kurt Akamine; Mark Hubbard; Brad Nagano; Paul Weil (1:09 p.m.) Also: Deputy County Attorney Mona Clark; Boards & Commissions Office Staff: Support Clerk Barbara Davis; Administrator Paula Morikami; Administrative Aide Teresa Tamura. Guest Hugh Strom, Aqua Engineers Excused Absent SUBJECT DISCUSSION ACTION Call To Order Chair Clark called the meeting to order at 1:00 p.m. with 6 members present Approval of Regular Open Session Minutes of April 19, 2013 Mr. Akamine moved to approve the minutes as Minutes circulated. Mr. Nagano seconded the motion. Motion carried 5:1 abstain- Murashi e Request for Request dated May 7, 2013, from Paula M. Morikami, Administrator for the Advisory Office of Boards and Commissions, as to whether there is a conflict of Opinion interest for Hugh Strom, Executive Vice President of Aqua Engineers, Inc., to be appointed and serve as a member on the Board of Water Supply Ms. Morikami explained that Mr. Strom is being considered as a nominee for the Board of Water and the County's Administration is asking for the Board's Advisory Opinion prior to submitting the nominee's name to the County Council. G Z (� �s Mr. Strom said on request he did apply to be a Board Member because he does feel he has something to offer to the County and to the Board of Water Supply. Because there may be concerns with his appointment, he has come to the Board of Ethics to answer any questions of this Board or the Water Board of Lullcs Open Session May 17, 2013 Page 2 SUBJECT DISCUSSION ACTION Department. Mr. Strom stated he has 50 employees on Kaua'i and his firm did develop the Waiahi surface water treatment plant some years ago for Grove Farm, which included the pilot testing, the designs, the startup as well as the contract operators for Grove Farm Properties, Inc. Mr. Strom thought that was their only interface with Grove Farm. Aqua Engineers responds to the Department of Water's needs and that project is overseen by a manager other than Mr. Strom. Mr. Strom explained he is the Senior Vice President for Aqua Engineers and a board member for the company as well. Mr. Hubbard thought there could be a conflict of interest for some particular issues at the Board of Water Supply but if there were any issues with regard to Aqua and Mr. Strom he would recuse himself and not discuss it. There could be quite a few because Aqua does a fair number of things with the Department of Water. That is an administrative issue as to how many issues Mr. Strom would have to recuse himself. Mr. Strom is contracted by Grove Farm who has the agreement with the Department of Water to provide surface water. If there is an issue with regard to that contract with Grove Farm, Mr. Hubbard was not sure Mr. Strom should or would need to recuse himself even though Aqua has a contract to operate that system. Section 20.03 says the County (emphasis by Mr. Hubbard) shall not enter into any contract with an officer or employee, and for the purpose of the charter Mr. Strom would be an officer, in which an officer has a substantial interest involving the services or property ........in excess of $1,000 unless the contract is made after competitive bidding. Most of the time it would be competitive bidding so the County would not be prevented from entering into a contract with Aqua. Mr. Hubbard said he suspects there are a number of contracts that Aqua could have with the Department of Water that are not made through competitive bidding and cannot be because they are particular to an area. By itself, Mr. Hubbard did not think there was a conflict just by Board of Ethics Open Session May 17, 2013 Page 3 SUBJECT DISCUSSION ACTION Mr. Strom being on the Board. Mr. Perry made a motion that the Board find there is no conflict of interest. Mr. Akamine seconded the motion. Mr. Perry thought Mr. Hubbard provided a good analysis in saying that if a conflict comes up during a meeting of the Board of Water Supply with Mr. Strom's membership on the Board, whatever is being discussed at the Board of Water Supply, Mr. Strom shall clearly disclose his conflict and not participate. Mr. Hubbard's analysis went further saying that the County will not get into a contract with Aqua Engineering unless it is via a competitive bid. In the event the County does get into a contract with Aqua Engineering without a competitive bid, does the Board of Ethics go after the County for violating our Code of Ethics? Mr. Perry said however the prospective situation of getting into a contract with Aqua Engineering without a bid is not before the Board. The question is whether there is a conflict and Mr. Perry thought there were enough safe guards in the Code to say there is no conflict. Mr. Strom will declare his conflict, he will not participate but rather let the rest of the members of the Board of Water Supply take care of the matter. Mr. Strom thanked the members for pointing out concerns which will heighten his awareness moving forward if he is selected. In response to many of the questions, Aqua Engineers currently does not have any contracts with the Department of Water but there is third party involvement since Aqua does work for Grove Farm. Mr. Strom said he has a facility manager who manages the system and an island manager that manages what happens on Kaua'i and on top of being a third party contract, he is removed several times over and relies on the employees to chime in when there are concerns. Aqua Engineering has been asked by the Department of Water in the past to support them and the company does but it refuses any money and the same is true for the wastewater group for the County. When there are Board of Ethics Open Session May 17, 2013 Page 4 SUBJECT DISCUSSION ACTION emergencies Aqua's people are put out there; when there are requests for certification Aqua's licenses are put out there. Mr. Strom said his position is to support the island and support the island utilities as much as possible. If Aqua's resources can compliment or help the island through an emergency, our company is all for it and we have never accepted any revenues or payment from either side. When the Department of Water was going through recertification they asked to use Aqua's certification; we agreed but we did not accept nor were we interested in accepting any type of payment. Mr. Murashige said he would support the motion. He also suggested it could be taken to an extreme with a very strict reading of that section, which would mean that an employee of Grove Farm could never run for County Council because matters would also be coming before the County Council resulting in eliminating almost every business. When a situation arises where there may be a conflict then it is up to the person, whether they are on a board or in an elected office, to make a determination or disclose that there may be a conflict and recuse themselves. Mr. Murashige said he saw no problems and a remote possibility should not prevent Mr. Strom from being appointed; he will act in good faith and do what is right when the time comes if it arises. Mr. Nagano asked if Aqua Engineering had any other contracts to run water treatment plants other than Grove Farm. Mr. Strom responded no to water treatment plants but yes they do have other water systems. Mr. Nagano asked if the water systems involved public waters. Mr. Strom said they have with the State, DLNR, State Parks, and DHHL but nothing with the County. Mr. Perry asked if Aqua Engineers, Incorporated is a non-profit. Mr. Strom Board of Ethics Open Session May 17, 2013 Page 5 SUBJECT DISCUSSION ACTION said they are an ESOP company which is an employee owned company and technically non - profit. Mr. Nagano asked if they were Sub S. Mr. Strom said yes. Mr. Perry asked if the Board of Directors try to make income and get revenue into Aqua Engineers, Inc. Mr. Strom replied certainly. Mr. Perry pointed out that while Aqua Engineering refuses money for some projects it is still a profit corporation. Mr. Nagano asked Mr. Strom again if Aqua Engineers used any public water systems because it is noted in the request for an opinion they use DOW water. Mr. Hubbard rephrased the question asking if Aqua Engineers operates systems that use DOW water. Mr. Strom said they do pay a monthly bill to the Department of Water so yes they do; but do they use any Department of Water for enterprising values, no. Mr. Nagano read from the letter "Aqua Engineers runs several private water systems which use DOW water" to which Mr. Strom said no. Mr. Strom said the Koloa Water System is private but Aqua Engineers operates it for Grove Farm. Mr. Hubbard said that system uses water from Department of Water through a main meter. Mr. Nagano stated he would not be in support of the motion. Motion to find there is no conflict of interest carried 4 ayes: 2 nays (Nagano; Clark): 1 abstain (Weil) Disclosures a. Ernest L. Kanekoa, Jr. (Police Commission) b. Heidy K. Huddy- Yamamoto (Fire Commission) c. Joanne P. Nakashima (Cost Control Commission) d. Angela M. Anderson (Planning Commission) Mr. Akamine moved to receive disclosures a. through d. and deem them complete. Mr. Hubbard seconded the motion. Motion carried 7:0 Executive Attorney Clark read the purpose for the Board to Session go into Executive Session for items ES -007, ES- 008; and ES -009 as fully described in the posted agenda. Board of Ethics Open Session May 17, 2013 Page 6 SUBJECT DISCUSSION ACTION Mr. Akamine moved to go into Executive Session at 1:31 p.m. Mr. Murashige seconded the motion. Motion carried 7:0 Mr. Akamine moved to invite Ms. Morikami and Ms. Tamura to remain in Executive Session. Motion carried 7:0 Return to Open Ratify Board of Ethics actions taken in Executive Session for items: The meeting resumed in Open Session at 1:48 p.m. Session ES -007. ES -008, and ES -009 Mr. Weil and Mr. Nagano simultaneously moved to ratify the Boards actions for items ES -007 — Executive Minutes approved as circulated ES -008 — On -going ES -009 — On -going Mr. Akamine seconded the motion. Motion carried 7:0 Announcements Next Meeting: Friday, June 21, 2013 —1:00 p.m., Mo'ikeha Building, Liquor Conference Room The Office of Boards and Commissions will no longer be providing bottled water to our members starting July 1St, 2013. This is one of our sustainability goals. Staff will provide cold water using a filtered system i.e. Brits), so please bring in your water bottle that was provided to you. Adjournment I Chair Clark adjourned the meeting at 1:49 .m. Board of Ethics Open Session May 17, 2013 Page 7 Submitted by: Reviewed and Approved by: Barbara Davis, Staff Support Clerk Kathy Clark, Chair O Approved as is. () Approved with amendments. See minutes of meeting. . t Bernard P. Carvalho, Jr. Mayor Gary K. Heu Managing Director DEPARTMENT OF FINANCE County of Kauai, State of Hawaii 4444 Rice Street, Suite 280, Lihu'e, Hawai'i 96766 TEL(808)241 -4200 FAX(808)241 -6529 June 3, 2013 TO: All Departments and Agencies FROM: Steven A. Hunt, Director of Finance SUBJECT: Take Home Vehicle Policy Steven A. Hunt Director of Finance Sally A. Motta Deputy Director of Finance The County of Kaua'i understands that under certain circumstances, it is in the best interest to authorize an employee to utilize a County owned vehicle for the purpose of travel to and from their residence to their assigned work location. The attached Take Home Vehicle Policy has been developed to ensure that those that are afforded this privilege adhere to the guidelines as set forth in the policy as well as understand the possible tax implications of this fringe benefit. Procedures to authorize a Take Home Vehicle: 1) Aside from Police and Fire, all employees that are being recommended to begin taking home or continue to take home a County vehicle shall complete Attachment A of the Take Home Vehicle Policy and forward to the Finance Director for approval; 2) The Finance Director shall approve or deny the request and forward to the Mayor for final approval; 3) Upon approval by the Mayor, the Finance Department will inform the requesting department and employee whether or not the vehicle qualifies as a non - personal use vehicle. If the vehicle does not qualify, the employee will be required to complete Attachment B of the Take Home Vehicle Policy and turn in to the Finance Department on a monthly basis for the necessary tax deduction; 4) Employees that are authorized passengers in Take Home Vehicles (including Labor Wagons) are subject to taxation and must complete Attachment B on a monthly basis; and 5) Employees that are afforded the use of County vehicles from any location other than their assigned work location is still considered a take home vehicle and therefore, subject to the policy including obtaining approval by completing Attachment A. Attachment A must be turned in to the Director of Finance by Friday, June 14, 2013 for continuation of take home vehicle privileges beginning July 1St. After this date, employees that have not received authorization will not be allowed to take home a County vehicle This policy will be effective July 1, 2013 and posted on the County's Sharepoint site. Thank you. An Equal Opportunity Employer Boe a0/3-/o COUNTY OF KAUAI Take Home Vehicle Policy 2013 EDITION Bernard P. Carvalho, Jr. Mayor Aloha! OFFICE OF THE MAYOR County of Kauai, State of Hawaii 4444 Rice Street, Suite 235, Lihu`e, Hawaii 96766 TEL (808) 241 -4900 FAX (808) 241 -6877 MESSAGE FROM THE MAYOR July 2013 Gary K. Hen Managing Director At the County of Kaua'i, we strive to provide our employees with the necessary tools and resources to optimize their work efforts. Under certain circumstances, employees shall be authorized to take home County owned vehicles as part of their employment requirement. Continuation of this privilege requires a commitment to following established policies that may change over time. There have been various communications over the years regarding policies and procedures for County owned vehicles to be taken home. This is the first overall policy with - regards to this issue. As an employee, it is important for you to know and understand this policy, including the possible tax implications of this fringe benefit. Please familiarize yourself with this policy and ask your supervisor if you have any questions or concerns. This document supersedes all previous policies and earlier communications on this matter and serves as an interim policy pending the issuance of the County's comprehensive Motor Vehicle Policy. Mahalo for your commitment to making the County of Kaua'i the best place to work on the beautiful Garden Island! ., Mayor Bernard P. Carvalho, Jr. County of Kauai Policy Policy Title: Take Home Vehicle Policy Policy ID: COKP0000 Version: 1.0 Effective Date: 07/01/2013 PURPOSE: The County of Kauai is responsible for ensuring that all County owned vehicles are properly authorized and utilized for the sole purpose of conducting official County business and are operated safely and efficiently in accordance with established State and County laws, regulations and relevant policies and procedures. In certain circumstances, it is in the best interest of the County to allow an employee to utilize a County owned vehicle for the purposes of travel to and from their residence to their assigned work location. This document hereby establishes policies and procedures regarding the authorization and use of Take Home Vehicles. SCOPE: The Take Home Vehicle Policy is applicable to any employee of the County of Kauai r authorized to drive and take home a County owned vehicle. Employees of the County of Kauai Police Department shall also comply with the Kauai Police Department General Order No. 98 -04, Take Home Vehicle- Operation Procedure. FAILURE TO COMPLY: Enforcement of this policy is the responsibility of each Department/Agency Head and periodic, random monitoring and audits of compliance may be conducted at the discretion of the Finance Director. Failure to comply with the County's Take Home Vehicle Policy shall subject an employee to disciplinary action in accordance with respective collective bargaining agreements, as well as possible income tax ramifications. BACKGROUND: Not applicable. DEFINITIONS: ANNUAL LEASE VALUE METHOD: Used to determine the value of a vehicle that is provided to an employee for commuting use by using its annual lease value multiplied by the percentage of personal miles out of the total miles driven by an employee. For a vehicle that is provided only part of the year, a prorated annual lease value or a daily ease value may be used. Y y COKP0000 Take Home Vehicle 7 -1 -2012 Page 1 of 5 The annual Lease Value Method shall be used for elected officials or for employees whose compensation is more than or equal to the Federal Government Executive Level V. ASSIGNED WORK LOCATION: The County of Kauai work site that the employee is officially assigned on a daily basis to perform his or her duties, as determined by the employee's Department Head. CALL OUT: Directed and/or voluntary requirement of an employee to report to a work site during off duty time to respond to emergencies which require immediate response to protect life and property. COMMUTING MILES: Miles traveled with a Take Home Vehicle between the employee's primary place of residence and assigned work location. (In the situation when an employee is responding to an emergency call out during off duty hours, those miles are not considered commuting miles). COMMUTING RULE: Used to determine the value of a vehicle that is provided to an employee for commuting use by multiplying each one -way commute (from home to work or from work to home) by $1.50. If more than one employee commutes in the vehicle, this value applies to each employee. This amount must be included in the employee's wages or reimbursed by the employee. The Commuting Rule can only be used if an employee is not an elected official or whose compensation is less than or equal to the Federal Government Executive Level V. COUNTY OWNED VEHICLE: Any licensed motor vehicle owned or leased, and maintained and insured by the County of Kauai; and legally certified and approved to be operated upon a public highway or road. EMPLOYEE: Any person who is on the County's current payroll as a fulltime, parttime, or seasonal hire. OFF DUTY: Begins at the end of a scheduled or unscheduled (Call -Out) work shift and terminates at the start of the next scheduled or unscheduled work shift . OFFICIAL COUNTY BUSINESS: Activities relating to public duty or responsibility conducted with the knowledge and proper authorization of the County, for the benefit of the County and directly related to County matters. ON DUTY: Begins at the start of scheduled or unscheduled (Call -Out) work shift and terminates at the end of a scheduled or unscheduled work shift. PERSONAL USE OF COUNTY OWNED VEHICLE: Includes commuting from one's residence to assigned work location and from assigned work location to one's residence an&any other uses not considered Official County Business, PUBLIC SAFETY OFFICER: An individual serving a public agency in an official capacity, with or without compensation, as a law enforcement officer, a firefighter,. a chaplain, or a member of a rescue squad or crew. COKP0000 Take Home Vehicle 7 -1 -2013 Page 2 of 6 QUALIFED NONPERSONAL-USE VEHICLE: Any vehicle an employee is likely to use more than minimally for personal purposes because of its design. Personal use of a qualified vehicle is not a taxable fringe benefit for the driver (but applicable to any vehicles) and include the following: 1) Clearly marked, through painted insignia or words, police, fire, and public safety officer vehicles; 2) Unmarked vehicles used by law enforcement officers if the use is officially authorized; 3) An ambulance or hearse used for its specific purpose; 4) Any vehicle designed to carry cargo with a loaded gross vehicle weight over 14,000 pounds; 5) Delivery trucks with seating for the driver only, or the driver plus plus a folding jump seat; 6) A passenger bus with a capacity of at least 20 passengers used for its specific purpose; 7) School buses; 8) Tractors and other special- purpose farm vehicles; 9) Bucket trucks, cement mixers, combines, cranes and derricks, dump trucks (including garbage trucks), flatbed trucks, forklifts, qualified moving vans, qualifed specialized utility repair trucks, and refrigerated trucks; 10) Pickup trucks clearly marked with permanently affixed decals or special painting with the County seal or other County associated markings and meets either of the following requirements: 1) equipped with at least a hydraulic lift gate, permanent tanks or drums, permanent side boards or panels that materially raise the level of the sides of the truck bed, or other heavy equipment (electric generator, welder, boom, or crane uesd to tow automobiles or other vehicles); or 2) is used primarily to transport a particular type of load in a construction, manufacturing, processing, farming, mining, drilling, timbering, or other similar operation for which it was specially designed or significantly modified; 11) Vans clearly marked with permanently affixed decals or special painting with the County seal or other County associated markings and has only a seat for the driver and one other person and has either permanent shelving that fills most of the cargo area or an open cargo area and the van always carries merchandise, material or equipment used for County functions; and 12) Any other vehicle listed under Section 14 of the Internal Revenue Service (IRS) Taxable �. Fringe Benefit Guide as a qualified nonpersonal -use vehicle. QUALIFIED MOVING VAN: Any truck or van used by a professional moving company in the trade or business of moving household or business goods if 1) no personal use of the van is allowed other than for travel to and from a move site (or for de minimis personal use, such as a stop for lunch on the way between two moving sites; 2) personal use for travel to and from a move site is an irregular practice (that is, not more than five times a month on average); and 3) personal use is limited to situations in which it is more convenient to the employer, because of the location of the move site, for the van not to be returned to the employer's business location. QUALIFIED SPECIALIZED UTILITY TRUCK: Any truck (not including a van or pickup truck) specifically designed and used to carry heavy tools, testing equipment, or parts if 1) the shelves, racks, or other permanent interior construction which has been installed to carry and store such heavy items is such that it is unlikely that the truck will be used more than a de minimis amount for personal purposes and 2) the employer requires the employee to drive the truck home in order to be able to respond in emergency situations for purposes of restoring or maintaining electricity, gas, telephone, water, sewer, or steam utility services. COKP0000 Take Home Vehicle 7 -1 -2013 Page 3 of 6 TAKE HOME VEHICLE: A County owned vehicle designated to a specific employee for which overnight parking at a non - County site and commute from the employee's residence to the employee's assigned work location are duly authorized in writing. LEGISLATION: Hawaii Revised Statutes (HRS) §105 -1, Government Motor Vehicles, certain uses prohibited Hawaii Revised Statutes (HRS) § 105 -2, Government Motor Vehicles, exceptions Hawaii Revised Statutes (HRS) §105 -7, Government Motor Vehicles, inscriptions on County motor vehicles Sections 13 and 14 of the Internal Revenue Service (IRS) Taxable Fringe Benefit Guide POLICY: All County owned vehicles shall be used in the execution of official County business and shall be used in the most efficient, economical, and practical manner possible. Only authorized County of Kaua'i employees shall operate County owned vehicles and only County of Kauai employees, contractors and other individuals with related official County business shall be allowed to be a passenger in a County owned vehicle. All vehicles shall comply with vehicle labeling or inscription requirements as specified by HRS, § 105 -7 and each driver shall obey all State and local motor vehicle laws and ordinances. As permitted by law (HRS § 105 -1 and HRS § 105 -2), the County shall authorize specific employees to take home vehicles and travel to and from work. Employees are encouraged to use the most direct route to and from their assigned work location and respective residence. Take Home Vehicles may not be utilized for any other personal or non - County related travel or for pleasure. With the exception of union collective bargaining agreements or in emergency medical situations, passengers are not allowed in an employee's Take Home Vehicle during off -duty hours including during an employee's commute to and from his or her residence or assigned work location. In general, the personal use (including an employee's work commute) of a County -owned vehicle is generally a taxable fringe benefit unless the vehicle is defined as a qualified non. personal use vehicle. It is the County's responsibility to determine the actual value of the fringe benefit and include the taxable portion in the employee's income. PROCEDURE(S) THAT APPLY: A. Authorization for Use of Take Home Vehicle Unless provided for in HRS § 105 -2, Departments /Agencies that believe that an employee should be authorized the use of Take Home Vehicle in accordance with the provisions of COKP0000 Take Home Vehicle 7 -1 -2013 Page 4 of 6 this policy shall complete and submit a Request for Use of Take Home Vehicle Form (Attachment A) to the Department of Finance. Departments /Agencies shall use reasonable judgment and discretion to determine the operational and cost effective usage necessary to best meet the Department/Agency's objectives. Typically, employees whose job duties require their direct and immediate response to emergency situations during off duty hours would warrant the need for a Take Home Vehicle. Authorization for the use of a County Take Home Vehicle shall be granted on an annual basis and shall expire at the end of each calendar year. When the use of a County Take Home Vehicle is no longer required by an employee, the Department/Agency shall notify the Director of Finance so that the authorization can be cancelled. The reason for the cancellation (e.g., the employee's separation, retirement, transfer or promotion) shall be stated on the form. Cd B. Tax Requirements In accordance with Internal Revenue Service (IRS) Code, 274, employees provided with a Take Home Vehicle that meets the definition of a qualified nonpersonal -use vehicle are exempt from income taxation. Employees that are provided with a Take Home Vehicle that does not meet the qualified nonpersonal -use criteria are subject to the value of the personal use of the Take Home Vehicle as a taxable fringe benefit. Based on an employee's status, the Commuting Rule or Annual Lease Value Method shall be used in computing the value of taxable benefits. The value of this benefit must be included in an employee's wages. Federal and State income tax, social security, and Medicare payroll deductions will be made to an employee's paycheck on a monthly basis. Employees shall be required to complete the Take Home Vehicle Usage Log (Attachment B) and submit to the Department of Finance on a monthly basis. Incidental and occasional use of non - exempt Take Home Vehicles shall be considered a nontaxable fringe benefit. Examples are situations whereby an employee's assigned exempt vehicle is down for repairs, an employee is unable to return the vehicle to the designated baseyard before it closes, an employee will be conducting business away from the employee's normal assigned work location and outside an employee's normally scheduled work hours, or impending inclement weather necessitates other employees to be on -call. REFERENCE. 0 vri oration Mnance- Accounting Division Modification Finance- Accounting Division Review Mayor's Office, Attorneys, Personnel Services, Risk Management Approval Mayor's Office, County Attorney's Office COKP0000 Take Home Vehicle 7 -1 -2013 Page 5 of 6 0 e 0 D e MODIFICATION HISTORY: ATTACHMENTS: Attachments listed below are included in the policy document following this section. COKP0000 Take Home Vehicle 7 -1 -2013 Page 6 of 6 l l Attachment A County of Kaua'i Request for Use of Take Home Vehicle Unless provided for in HRS § 105 -2, all employees must complete this form on an annual basis for continued authorization to use and take home a County owned vehicle. The following employees need not complete this form: 1) the governor; . 2) the mayor of any county; 3) any member of a police department or fire department or of the staff of a hospital, or any officer or employee of the board of water supply of the city and county of Honolulu, when using a motor vehicle for a personal purpose incidental to the person's service or work (but not for pleasure); 4) any officer or employee of the State who, upon written recommendation of the comptroller, is given written permission by the governor to use, operate, or drive for personal use (but not for pleasure) any motor vehicle owned or controlled by the State; 5) any officer or employee of any county who, upon written recommendation of the budget director, is given written permission by the mayor, to use, operate or drive for personal use (but not for pleasure) any motor vehicle owned or controlled by the county; 6) any officer or employee of the State, or of any county, who, in case of emergency, because of the person's illness, or the person's incapacity caused by accident while at work, or because of the illness of a member of the person's immediate family including a reciprocal beneficiary while the person is at work, is conveyed in a motor vehicle to the person's place of abode, or to a hospital or other place, but every such use of a motor vehicle shall be certified to by the officer or by the head of the department, commission, board, bureau, agency, or instrumentality controlling or possessing the motor vehicle immediately thereafter, and the certificate shall be forthwith filed with the comptroller, in the case of the State, or with the budget director, in the case of the county; and 7) the assigned driver of a Van Go Hawaii vehicle or any other state ridesharing program. Employee: Department: Vehicle No.: Check one: Position: For Calendar Year: Qualified nonpersonal -use vehicle (tax exempt) Non - qualified nonpersonal -use vehicle (subject to taxation) ified nonpersonal -use vehicles include: • Clearly marked, through painted insignia or words, police, fire, and public safety officer vehicles; • Unmarked vehicles used by law enforcement officers if the use is officially authorized; • An ambulance or hearse used for its specific purpose; • Any vehicle designed to cant' cargo with a loaded gross vehicle weight over 14,000 pounds; • Delivery trucks wtih seating for the driver only, or the driver plus plus a folding jump seat; • A passenger bus with a capacity of at least 20 passengers used for its specific purpose; • School buses; • Tractors and other special - purpose farm vehicles; • Bucket trucks, cement mixers, combines, cranes and derricks, dump trucks (including garbage trucks), flatbed trucks, forklifts, qualified moving vans, qualified specialized utility repair trucks, and refrigerated trucks; • Pickup trucks clearly marked with permanently affixed decals or special painting with the County seal or other County associated markings and meets either of the following requirements: 1) equipped with at least a hydraulic lift gate, permanent tanks or drums, permanent side boards or panels that materially raise the level of the sides of the truck bed, or other heavy equipment (electric generator, welder, boom, or crane uesd to tow automobiles or other vehicles); or 2) is used primarily to transport a particular type of load in a construction, manufacturing, processing, fanning, mining, drilling, timbering, or other similar operation for which it was specially designed or significantly modified; • Vans clearly marked with permanently affixed decals or special painting with the County seal or other County associated markings and has only a seat for the driver and one other person and has either permanent shelving that fills most of the cargo area or an open cargo area and the van always carries merchandise, material or equipment used for County functions; and • Any other vehicle listed under Section 14 of the Internal Revenue Service (IRS) Taxable Fringe Benefit Guide as a qualified nonpersonal -use vehicle. Page 1, of 2 Attachment A Justification for Use of Take Home Vehicle: Authorized by collective bargaining agreement Other (explain) I have read the County of Kaua`i's Take Home Vehicle Policy and understand that a County Take Home Vehicle that does not meet the definition of a Qualified Nonpersonal-Use Vehicle is a taxable fringe benefit and requires the completion of the "Take Home Vehicle Usage Log" on a monthly basis. Employee's signature V Requested by: Department Head Date Date *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Approved Denied �1 Reason(s): Director of Finance 170 M Approved Denied Mayor Date ***************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** For Office Use Only Exempt Vehicle Non - Exempt Vehicle (subject to taxation) Commuting Rule 0 Annual Lease Value Method Page 2 of 2 COUNTY OF KAUA'I TAKE HOME VEHICLE USAGE LOG Attachment B rThis form must be completed by employees that are assigned to a Take Home Vehicle that does not meet the definition of a Qualified Nonpersonal -Use Vehicle and therefore, considered a taxable fringe benefit. C C t.� Employee: For Month & Year of: Department: Vehicle No.: FOR COMPLETION BY ALL EMPLOYEES EXCEPT ELECTED OFFICIALS -Use the codes below to indicate Take Home Vehicle usage for each day of the month. Taxes will be based on Commuting Rule of $1.50 for each one way commute ($3.00 per day). 0 Did not use Vehicle 2 Two -way commute 1 One -way commute FOR COMPLETION BY ELECTED OFFICIALS -Taxes will be based on the annual lease value of the Take Home Vehicle multiplied by the percentage of personal miles driven for the month. OEM ® Fµls". •i 1®�� _ c.'� '.. _ {��"t FOR COMPLETION BY ELECTED OFFICIALS -Taxes will be based on the annual lease value of the Take Home Vehicle multiplied by the percentage of personal miles driven for the month. Personal Miles driven for the month Total Miles driven for the month Percentage of Personal Miles I certify that this statement is true and accurate in all respects and undertand that a County Take Home Vehicle that does not meet the definition of a Qualifed Nonpersonal -Use Vehicle is a taxable fringe benefit. Employee Signature Date This form is due to the Department of Finance, Payroll Division no later than 5 working days after the end of each month.