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21-1557 Accident Review Board PolicyRESOLUTION NO. 21-1557 = A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF LONGWOOD,, FLORIDA,_ _ ADOPTING AN ACCIDENT REVIEW BOARD POLICY; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, the City of Longwood ("City") is committed to providing a safe work environment _ while holding employees accountable when it is determined an incident causing damage to city property was avoidable; and WHEREAS, the City has a General Safety Policy, section 4.23 of the City of Longwood Personnel Policies and Procedures that places an emphasis on work place safety, requiring the continuous monitoring of city working conditions and equipment, and requires Department Directors to ensure an investigation of all city related accidents; and WHEREAS, this policy furthers the General Safety Policy by establishing the use of accident review boards as a citywide, consistent process. The review board will review each accident involving damage to city property, to include vehicle crashes, to determine cause and if there is any employee negligence; and WHEREAS, the City Commission of the City of Longwood has determined that procedures be established for consistency in handling all city related accidents citywide NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF LONGWOOD, FLORIDA, as follows: SECTION 1. The Accident Review Board Policy attached hereto as Exhibit "A", is hereby adopted. SECTION 2. Severability. If any section, subsection, sentence, clause, phrase, or portion of this Resolution, or application hereof, is for any reason held invalid or unconstitutional by any court or competent jurisdiction, such portion or application shall be deemed a separate, distinct, and independent provision and such holdings shall not affect the validity of the remaining portion thereof to the extent practicable. SECTION 3. Conflicts. To the extend this Resolution or any provision thereof conflict with any previously enacted Resolution of the City of Longwood, then this Resolution shall control only to the extent any such conflict(s) exists. SECTION 4. Effective Date. This Resolution shall take effect immediately upon its adoption. ADOPTED this 5 day of �]t"®� , 2021, by the City Commission of the City of Longwood, Florida. CITY OF LONGWOOD, FLORIDA Resolution No. 21-1557 Page 1 of 2 Richard Drummond, Mayor Michelle LoWgo, CIVIC, FCRM, City Clerk Approved as to form and legality for the use and reliance by the City of Longwood, only. Daniel W. La e Cit Att rney Resolution No. 21-1557 Page 2 of 2 COMMISSION POLICY CITY OF LONGWOOD SUBJECT: ACCIDENT REVIEW BOARD POLICY NUMBER EFFECTIVE DATE PAGE P-608 April 5, 2021 1 of 2 ADOPTED BY: Resolution No. 21-1557 DATED: April 5, 2021 REVISES POLICY: N/A BACKGROUND The City of Longwood has always been committed to providing a safe work environment while holding employees accountable when it is determined an incident causing damage to city property was avoidable. These priorities can be advanced, at least in part, when an accident review board reviews the facts and makes recommendations involving these incidents. PURPOSE The General Safety Policy, section 4.23 of the City of Longwood Personal Policy, places an emphasis on work place safety while requiring the continuous monitoring of city working conditions and equipment. Additionally, department directors are required to ensure an investigation of all city related accidents. This policy furthers the general safety policy by establishing the use of accident review boards as a citywide, consistent process. The accident review board will review each accident involving damage to city property, to include vehicle crashes, to determine cause and if there is any employee negligence. POLICY A. Board Members: An ad hoc Accident Review Board ("board") will be created on per accident basis. The board will consist of the immediate supervisor of the involved employee, and two other employees designated by the department director or his/her designee. In the event any of the above - mentioned supervisors are involved in the accident, that position will be filled by another employee designated by the department director or his/her designee. All testimony given to the board will be recorded and maintained. B. Determination: Factors to be considered will include but are not limited to employee actions, driving pattern, employee training, environmental factors, and avoidance factors. The board will interview witnesses and consider any other information available at the time the board convenes. The board will determine avoidance and causation. In the event the board determines employee error, the board will recommend assessing a monetary penalty to reimburse the deductible for P-608 — Accident Review Board Resolution No. 21-1557 Page 2 of 3 insurance repair or replacement to the City, disciplinary action, remedial training or any combination thereof in perspective to the negligence. The board's findings and recommendations will be forwarded to the department director for review. C. Convene: The board will convene on the accident review within ten (10) business days from the date of the accident, unless exceptional circumstances exist and a delay is approved by the department director. The board will forward their findings to the department director within three (3) business days, provided there are no outstanding exceptions (i.e. test results, witness contacts, final reports, etc.). Upon review of the accident review board's findings, the department director will forward a determination to the involved employee within ten (10) business days. A log of all accident review boards, and all associated documentation, will be maintained by each department director. D. Appeal: Upon receipt of determination from the department director, the employee has 72 hours to notify the department director, in writing, of the employee's intent to appeal the findings in accordance with Chapter 10 of the City Personnel Policy manual or any applicable collective bargaining agreement. If no appeal is made, the employee shall adhere to the findings of the board and comply with the department director's final decision. Failure to comply may result in disciplinary action. E. Loss or Damage to City Property Reimbursement: When it is determined, the employee is at fault for the loss or damage to city property an assessment may be made in accordance with the following schedule: 1. If the loss/damage is the first occurrence with a two-year period, the percentage assessed shall be 25% of the cost of repair or replacement, not to exceed fifty dollars ($50.00). 2. if the loss/damage is the second occurrence within a two-year period, the percentage assessed shall be 50% of the cost of repair or replacement, not to exceed seventy-five dollars ($75.00). 3. If the loss/damage is the third occurrence with a two-year period, the percentage assessed shall be 75% of the cost of repair or replacement, not to exceed one hundred dollars ($100.00). 4. If the loss/damage is the fourth occurrence with a two-year period, the percentage assessed shall be 100% of the cost of repair or replacement, not to exceed one hundred twenty-five dollars ($125.00). P-608—Accident Review Board Resolution No. 21-1557 Page 3 of 3 5. A finding of fault for loss or damage to city property does not require an assessment. A supervisor or the review board may recommend an assessment be waived by outlining any extenuating circumstances existing at the time the city property was lost or damaged. 6. Assessments will be made via payroll deductions with the submission of the approved HR/Risk Management form. The employee may request the assessment be divided into multiple pay periods not to exceed four pay periods. If the amount assessed creates an undue hardship to the employee, the employee may speak with the human resources director.