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4.1b ERMUSR 10-12-2021COMMISSION POLICY Section:Category: Governance Delegation to Management Policies Policy Reference:Policy Title: G.4l1Use and Disposal of Utility Property 1.0 PERSONAL USE All Utility property and equipment is publicly owned. Utility-owned equipment and facilities are not available for personal use by employees except as explicitly authorized in this or other Utility policies. Personal use of all Utility vehicles, machinery, tools, and other equipment is strictly prohibited. 2.0 DISPOSAL From time to time, Utility property becomes obsolete, is damaged, or is not needed. Such property will be disposed of by the Utility through salvage, trade, negotiated sale, or public auction. A. In most instances property will be disposed of by public auction conducted by a qualified third-party auctioneer. B. If it is determined that a negotiated sale is the best way to dispose of property, notice of the sale must be advertised in the official newspaper and/or the Utilities website, and posted in the Utilities office, for at least 5 business days. The appropriate department head will determine the minimum price for items to be sold. C. In no instance will anything of value within the scope of this policy (i.e., Utility property that becomes obsolete, damaged, or unnecessary) be given away free to anyone including employees, except as follows: 1. In the case of used and unwanted utility poles, cross arms, wood chips, wood cable reels, or other items where there is a disposal cost, the Utility may in its discretion offer such items to the general public for a nominal price or at no charge. Nothing in this policy shall be interpreted to prohibit employees from accessing any such offer on the same terms and to the same extent as the general public; ______________________________________________________________________________ Page 1 of 2 46 ERMU Commission Policy – G.4l1 Use and Disposal of Utility Property ______________________________________________________________________________ 2. In the case of used and unwanted utility poles, other infrastructure materials such as reclosers or fuses, meters, etc., the Utility may in its discretion donate the items to training facilities, such as Minnesota Municipal Utilities Association Training Center or other trade schools. D. Employees involved in the auction or sale process, including the decision to sell, determining the minimum sale price, administration and collection of sealed bids, or negotiating trade values, are prohibited from purchasing Utility property. E. An employee may purchase no more than one motor vehicle from the Utility or another Elk River political subdivision in any 12-month period. F. In all instances where Utility property is disposed of, other than by auction through a third- party auctioneer, the property shall not be transferred or delivered to the buyer or donee until the buyer or donee has executed and delivered to the Utility a release of liability and indemnification agreement on a form approved by the Utility. Unauthorized removal of Utility property or its conversion to personal use may result in discipline up to and including termination. 3.0 USE OF UTILITY VEHICLES Utility-owned vehicles are to be used only by Utility employees for official Utility business. Employees who drive or may be required to drive Utility vehicles and equipment are responsible for maintaining a safe driving record and for observing all traffic laws. Seat belts must be properly used at all times. Drivers must carry a current, valid driver’s license that is adequate for the type of vehicle being driven. Any employee who operates a Utility vehicle without a valid driver’s license will be subject to disciplinary action up to and including termination. Passengers may be carried only when necessary to conduct Utility business and/or when their transportation via Utility vehicle is in the best interests of the Utility. Utility vehicles may not be used to travel from work to an employee’s residence for rest or lunch breaks without prior Utility approval. Utility employees conducting official Utility business out of town (conventions, meetings, etc.) may carry family members as passengers if such accompaniment does not interfere with the best interests of the Utility and it has been approved by their department head. POLICY HISTORY: Adopted February 24, 2009 Revised November 15, 2011 Revised February 9, 2016 Revised July 9, 2019 Revised October 12, 2021 ______________________________________________________________________________ Page 2 of 2 47