§ 2-1718. Motorized equipment accidents or injuries.

(a)

It shall be the duty of each department head to promptly report on standard, numbered forms established by the director any accident or injury in which city-owned motorized equipment is involved. The report shall be made in three copies. One copy each shall be forwarded to the director, the chief financial officer and the city attorney.

(b)

The report shall include the name and employee number of the driver or operator; the time, date and location of the accident or injury; the name and address of any other involved persons and witnesses; a brief description of the circumstances of the accident or injury; a layout of the accident scene; a brief description of any damages and injuries; and the vehicle number of the involved motorized equipment.

(c)

The director shall, upon receipt of the report, cause to be made an inspection of any damages to city motorized equipment to determine if the equipment should be repaired, giving consideration to the estimated useful life of the equipment, historical and projected maintenance and operating costs compared to acquisition of replacement equipment and the estimated value of the equipment upon disposal in a repaired or unrepaired condition.

(d)

The director may, upon receipt of the report, cause to be made an investigation as to whether operator abuse or negligence is indicated as a cause or contributing factor to the accident or injury. Operator abuse or negligence may consist of but not be limited to willful damage; carelessness; unauthorized use; use in an improper manner; failure to observe rules, signs or instructions; violation of traffic regulations; or other improper operation.

(e)

If such abuse or negligence is indicated, the director shall make a report and forward a copy of such report to the city attorney, the department head and to the operator.

(f)

The director shall periodically review the reports of accidents, injuries, abuse or negligence in the operation of motorized equipment to determine:

(1)

General trends and causes of motorized equipment accidents, injuries, abuse or negligence.

(2)

Excessive or frequent accidents or injuries due to driver or operator fault or employee abuse or negligence.

(3)

The cost of damage to city motor equipment due to abuse or negligence.

(g)

If any employee is found by the chief operating officer or designee through administrative hearing to have been responsible, through negligence or abuse, for any accident or damage, such employee shall be required to reimburse the city for the damages to the city property. An employee may appeal such requirement as provided in the civil service rules and regulations.

(h)

If any city employee is found responsible for any injury or accident and does not discharge the obligation to the city to the satisfaction of the chief financial officer, the employee shall be immediately dismissed from the employ of the city.

(i)

If parties not connected with the city are found to be responsible for any injury or accident, the director shall request the city attorney to file suit therefor and shall furnish the city attorney with all facts ascertained by investigation.

(Code 1977, § 5-5015)