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Use of Government Vehicles. Rules, Regulations, and the Kansas Interpretation. Grace McGrath Administrative Officer. USDA is an equal opportunity provider and employer. Rules and Regulations. and Where to Find It. Natural Resources Conservation Service (NRCS)
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Use of Government Vehicles Rules, Regulations, and the Kansas Interpretation Grace McGrath Administrative Officer USDA is an equal opportunity provider and employer.
Rules and Regulations and Where to Find It • Natural Resources Conservation Service (NRCS) General Manual (GM), Title 120, Part 405.20 • NRCS GM, Title 360, Part 428.2 • USDA Agricultural Property Management Regulations (AGPMR), Section 104.38.301 • General Services Administration (GSA) - Federal Management Regulations (FMR), Section §102-34 (Subpart C) • USDA Human Resources Bulletin 735-1 • 18 U.S. Code (USC) 1344, 1349… • 31 U.S.C. 638a(C)(2) • 41 Code of Federal Regulation (CFR) 101-38 • 5 active KS Bulletins 120-5-4, 5-6, 6-2, 6-5, 6-6 • …. It’s sprinkled everywhere!
Why this presentation? • Goals = understand the limits of use and consistent application across the state • Result = avoid disciplinary action and prevent appearance of inappropriate use
Let’s cut to the chase. What can I use the government vehicle for? • Official purposes. Period. • Government vehicles cannot be used for personal reasons. Ever.
NRCS Kansas Fleet • 287 Pickups (various sizes) • 28 Sedans • 20 Vans • 18 Probe Trucks • 28 All Terrain Vehicles (ATVs) • 12 “Other” Vehicles
FREEZE • 11,060 field staff • 10,771 vehicles
Q My Assistant State Conservationist (ASTC) takes the government vehicle home sometimes. Isn’t that for personal convenience? A: Any employee wishing to take the vehicle home has to have written approval in advance using Form AD-728.
Q I am on the way to the field and I forgot something at my house; it’s on the way, so can I stop and get it? A: No.
Q Who can ride in or drive government vehicles? A: Federal, conservation district, Kansas Department of Wildlife and Parks, and State Conservation Commission employees doing NRCS work; Earth Team volunteers including Resource Conservation and Development volunteers doing NRCS work
Q Can producers ride in government vehicles? A: No, not unless they are Earth Team volunteers doing NRCS work.
Q Nature calls… A: Go to local service station or other public place to use facilities. Do not go home.
Still inside commuting area: • May run mission-related errands • Getting supplies • Picking up equipment • Having vehicle maintenance or repair • Q: Can I stop and pick up my lunch while running errands? Answer: No, that’s personal!
Q • It gets lonely in the field. I’ll just take along my hunting dog. A: No • I may see a deer on the way to the field. I need my gun with me. A: No • I get hungry; can’t I stop for a snack? A: No. (Exception for medical condition, i.e. diabetes) • I just want to drop my daughter off at school on the way. A: No
Let’s Talk Travel… • Commuting area is defined as within your county (in this discussion only): Q You are on a detail to the state office from anywhere but Saline County. You would like to get some lunch. Can you take the government vehicle? A: Yes
Preparing for Temporary Duty (TDY) • Taxi - government will pay for taxi to office or airport if local • Spouse - government will pay mileage for spouse to take you to and from airport or office to pick up government-owned vehicle (GOV) • Mileage - government will pay for personal vehicle mileage to airport • GOV - if available
More Travel.. Q • Want to stop off at Cabela’s for some ammo; can you? A: No • Want to stop by the barbershop for a haircut; can you? A: No • Want to stop by the hospital to visit the conservation district board chairperson; can you? A: No • Yes for sustenance, comfort, and health and places of worship
Scenario You are outside your commuting area attending training. The instructor asks who has government vehicles, then volunteers you to take those without vehicles to dinner downtown, 20 miles away. Can you? No. But it was the instructor telling you to do it. A: No one has control over the government vehicle except the driver. You are responsible for improper use.
Exceptions as Always.. • Emergencies involving possible loss of life or property whether inside or outside of commuting area • The President, Secretary of Ag, and State Conservationist (STC) can declare an emergency. Buildings, vehicles, and equipment can be used. To prevent loss of life or property are criteria for usage.
Stolen Vehicles • Who pays? • A: You do, if loss is due to carelessness. Leaving the keys in the vehicle, leaving the keys accessible to the public, as in on the office desk or in sight of the public view, is considered carelessness.
Who really cares? • GSA • Chief • STC • ASTC • District Conservationist (DC) • Supervisor
While we are Talking Vehicles • Voyager Fleet Card Uses • Fuel • Maintenance - includes repairs up to your authorized amount • Car wash • Tires • Battery charging • Oil, transmission fluid, windshield fluid, and wiper blades
ATV/Utility Terrain Vehicle (UTV) • Must use protective equipment • Must be trained before using either
Alternative Fuel Vehicles • Use E85 stations when you are going by them • There are currently 7 in the state: Maize, Topeka, Garnett, Coffeyville, Hays, Great Bend (2) • 20 more are to be opened this year
31 U.S.C.1349 Penalty 30-day suspension or up to and including removal by the head of the agency for willfully using or authorizing use of a government vehicle for other than official purposes
Be careful out there • Obey the law • Don’t speed • Wear your seatbelt • Clear the vehicle of debris when entering and leaving a field
Equal Opportunity "The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or a part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, S.W., Washington, D.C. 20250-9410 or call (800) 795-3272 (voice) or (202) 720-6382 (TDD). USDA is an equal opportunity provider and employer."