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Campus Networking Policy

To ensure the integrity, privacy, and security of MSU Great Falls Campus electronic information, the campus voice, video, and data network is managed centrally by the Information Technology Services Department (ITS). The network includes both wired and wireless components. Any wired or wireless devices or networks that are connected to the campus network backbone are considered part of the campus network and are subject to this policy, regardless of their ownership. 

Any device to be connected to the network must be approved by ITS before it is connected. All network-connected devices will follow the standards outlined in the document "Standards for Network Connectivity at MSU Great Falls Campus", which is maintained by ITS under the authority of the Leadership Team of the MSU Great Falls Campus.   Exceptions to this policy may be granted, when judged appropriate, by the Director of ITS or the MSU Great Falls Chief Executive Officer or designee.

Adopted by Leadership Team 11-07-03


Dishonored Check Policy

Effective   May 1, 2003

Dishonored checks are an expensive fact of doing business.   Checks can be refused by a bank for a number of reasons including insufficient funds and account closed.

Individuals presenting checks to the College of Technology (COT), which the bank subsequently refuses to honor, are required to reimburse the COT for the amount of the check plus any fee charged by the bank for processing the dishonored check.   Individuals (faculty, staff, and students) will be notified in writing of the dishonored check(s) and the amount needed to clear the item(s).   Personal checks may not be used to clear dishonored checks.

Dishonored checks presented by students will be added to their account balance.   Unpaid balances may result in a 'Hold' being placed on the student's account.   This 'Hold' will prevent the student from registering for further semesters at this or any other Montana State University campus.

Individuals presenting two dishonored checks within a calendar year to the COT will be prohibited from writing further checks payable to the COT during that calendar year even after clearing the two dishonored items.

This applies to all checks payable to the COT or a COT entity including the library, bookstore, cafeteria and dental clinic.

Approved by COT Leadership April 9, 2003 .


 
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Employee Identification Cards
I.D. CARD AUTHORIZATION FORM

In accordance with Montana Operations Manual MM1-90-4-1 (effective 07/01/2001) and the State Department of Administration, it is the policy of Montana State University-Great Falls College of Technology (COT) to provide picture identification cards to all personnel who request an identification card and who receive compensation from the COT in the form of wages or travel expense reimbursement.

The cards are issued to provide proper identification for employees who must travel for COT business and to provide identification for campus security purposes.   Any other use of Employee Identification cards is a violation of State of Montana policy.     

Individuals requesting identification cards must fill out a COT authorization (State Id Card Request) with pertinent information and have the form signed by the chair of the appropriate department and the Dean of the COT, or authorized designee.    Cards will be personalized to indicate the employee's position at the College: Faculty, Adjunct Faculty, or Staff.

Identification cards for adjunct faculty members will bear an expiration date commensurate with the ending date on the current Letter of Appointment.   If the Department Head is absolutely certain the Adjunct Faculty member will return for the succeeding semester, the Department Head may authorize an expiration date of the end of the current academic year.   Arrangements may be made with the Assistant Registrar for issuance of the card.

Identification cards will be collected from the cardholder at the time employment at the College of Technology terminates.


 
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03-01 Executive Order Directing Energy Conservation
Measures Be Taken In State Buildings

March 29, 2001

WHEREAS, the more efficient use of electricity will help alleviate reliability concerns and provide economic benefits to the State of Montana; and

WHEREAS, the State of Montana is a significant consumer of electricity and natural gas, spending nearly $12 million for electricity and using between 20 to 25 average megawatts of electricity a year in its state building facilities; and

WHEREAS, the State of Montana has the ability to use electricity more efficiently and could, once a demand exchange program is established in Montana, provide these electricity savings at an affordable rate to Montana consumers who are currently paying high market prices;

NOW, THEREFORE, I, JUDY MARTZ, by virtue of the authority vested in me as Governor by the Constitution and laws of the State of Montana, do hereby order all state government agencies to incorporate conservation strategies in the operation of their facilities and to set forth a goal of achieving a ten percent reduction in the consumption of electricity.

The energy conservation strategies shall maintain that:

  1. Lights in office areas, including task lights, should be turned off when not in use during the workday. When possible, staff should use task light with compact fluorescent lighting, rather than overhead lights.
  2. All task lights, overhead lights, computer screens, office equipment, and personal computers should be turned off at the end of the business day and during weekends. Supervisors and designated representatives should insure all non-essential equipment and lighting is turned off at the end of each day.
  3. All personal computer systems should be shut down when not in use for more than one hour. Management should coordinate with information support staff to disable screen savers, and to enable all the energy-saving features powering down personal computer systems if not in use after one hour.
  4. All nonessential lighting including decorative lighting and non-security outdoor lighting should be turned off during daylight hours, and between ten o'clock p.m. and five o'clock a.m. Necessary security and safety lighting should remain on as required. Verify that any security lights using an automatic outdoor lighting controls are operating correctly.
  5. Lights in conference rooms and storage rooms should only be turned on when occupied. Install occupancy sensor light switches in conference rooms, storage rooms, rest rooms and other rooms where lights are often left on with no occupants present, where economically feasible.
  6. Work area temperatures in all State buildings should be held between 74 and 78 degrees in the summer in those facilities with cooling systems, and between 69 and 71 degrees in the winter.
  7. All main heating, ventilation and air-conditioning systems (HVAC) should be reviewed for efficient operations; verify that building temperature setback controls are in use and designated equipment turned off when in the unoccupied setting; and re-evaluate set occupied office hours and adjust to the absolute minimum time required to heat and cool buildings to prepare for operations, such as for 7 a.m. to 6 p.m. HVAC systems should not be operated in off hours for small groups of employees.
  8. The use of personal heaters should be closely controlled and limited to only those work areas where acceptable temperature levels cannot be attained by adjustment to the primary heating system.
  9. Janitorial staff should coordinate schedules to work during hours of building operation, or, if working evenings, to turn off all the lights except in the immediate area in which they are cleaning.
  10. Security personnel should check to insure users and janitors have turned off all lights and equipment, and should turn off lights as appropriate.
  11. All hot water heaters not needed for cafeterias, laundries or bathing, should be turned down to 120 degrees Fahrenheit.
  12. All vending machines should have lights turned off if located in lighted areas. Any redundant machines should be removed.
  13. Energy improvement projects with the State Building Conservation Bond Program should be implemented to ensure state agency buildings grow increasingly energy efficient.
  14. Other efficiency measures developed by the Departments of Administration and Environmental Quality in coordination with each agency.

Agencies are asked to be conservation models for all Montanans. However, any measure may be waived by the agency head or designee.

This Order is effective immediately.


 
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GLB Finance Policy - Safeguarding Customer Information

Introduction and Purpose

This policy is being introduced as required by the Federal Trade Commission under the Gramm-Leach-Bliley (GLB) Act.  

At Montana State University Great Falls Campus, safeguarding the privacy and confidentiality of personal information is important.   As an institution of higher education, we collect, retain, and use personal non-public information about individual students and staff members.   We may collect personal information from such sources as hard copy applications, electronic forms, background checks, or over the Internet. The objectives of our information security program are to ensure the security and confidentiality of such personal information; to protect against any anticipated threats to its security or integrity; and to guard it against unauthorized access to or use.

Any sharing of nonpublic personal information about our students or employees must be done in strict adherence to the Federal Family Educational Rights and Privacy Act (FERPA) guidelines. The Campus may exchange such information with certain nonaffiliated third parties (under limited circumstances) to the extent permissible under law.   Examples may include (but are not limited to) medical insurance institutions or credit card processing software companies.

We restrict access to student and employee information only to those employees who have business reasons to know such information, and we educate our employees and contract service providers about the importance of confidentiality and privacy.

Policy

In order to provide adequate safeguards over customers' credit card data and electronic addresses as they are received over the Web, the Campus will adhere to the following minimum technical specifications:

  •  Any server on the University network that makes non-personal public information available must be certified secure.   A copy of the security certificate must be forwarded to ITS before any such server is connected to the network.
  • Customer information, including credit card data, must be reasonably secured against disclosure and modification.
  • The Campus must oversee local and contracted service providers by taking steps to select and retain providers that are proven capable of maintaining appropriate safeguards for customer information.
  • MSU-Great Falls will contractually require service providers to implement and maintain such safeguards; and
  • MSU-Great Falls will periodically evaluate, based on results of testing and monitoring, any material changes to the service providers' operations.

Information Technology   will review,   each department's hardware and software to ensure that all equipment is secure .    

The following safeguards should be in place:

  • Personal computers containing confidential information must be secure.
  • Adequate internal controls regarding separation of duties must be in place.
  • It is each department's responsibility to maintain the credit card or e-mail information in a confidential manner.
  • Any hard copy documents containing confidential information must be shredded in a timely manner.
  • Procedures

1. Approvals - Obtain approvals from the Controller's Office by completing the required forms (to be developed).

2. Program Requirements - Follow these procedures to insure security of information .

  • Install and maintain an effective network firewall to protect data accessible via the Internet.
  • Keep operating system and application software security patches up-to-date.
  • Encrypt stored data (recommended).
  • Encrypt data sent across open networks (recommended)
  • Use and regularly update anti-virus software.

3. Develop adequate office procedures for staff or contract service providers to maintain secure information.

  • Restrict access to data by business "need-to-know".
  • Assign a unique ID to each person with computer access to data.
  • Do not use vendor-supplied defaults for system passwords and other security parameters.
  • Track access to data by unique ID.
  • Regularly test security systems and processes.
  • Develop and maintain a policy that addresses information security for employees and contractors.
  • Restrict physical access to cardholder information.

Internal Controls

Segregation of duties is important to protect against fraud and maintain confidentiality.

1. Individuals who collect monies and/or write receipts   should not be the same individuals who account for deposits.

2. The following functions should be performed by separate individuals :

  • Collecting monies and preparing receipts
  • Depositing receipts
  • Accounting for receipts

3. Limit access to information such as ID and credit card numbers only to those individuals who need to know.

4. Protect and shred confidential information.

5. Small departments that do not have sufficient staff to meet ideal segregation of duties requirements must ensure that detailed supervisory review compensates for this weakness.

Effective Date and Review
These procedures are effective immediately upon adoption.
The Controller's Office will review and update this policy annually.

Adopted by COT Leadership 11/07/2003


 
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Misappropriated State Property Policy

Montana law requires ".each state agency shall immediately notify both the attorney general and the legislative auditor in writing upon the discovery of any theft, actual or suspected, involving state moneys or property." (5-13-309 (3) MCA)

Any employee of Montana State University - Great Falls College of Technology who notices College equipment or money missing from its normal location or who suspects fraudulent activities may be taking place will immediately notify the campus Controller and, in the case of equipment, the Director of Information Technology Services.

The Controller will notify the Dean, the Assistant Dean for Administration and Finance and the MSU-Bozeman Internal Auditor.   The Internal Auditor will advise the Attorney General's office and the office of the Legislative Audit Division as required by law.

Approved by COT Leadership 09/05/2003


 
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Personal Business

In accordance with State of Montana policies, employees must not use the College's assets, or employ the College's name or other official materials such as logo, etc., in order to conduct personal business.   Personal visits and telephone calls should be kept to a minimum.*   Under no circumstances should FAX/long distance personal calls be made or received at the College's expense.

* In the course of their work, it is expected that employees will occasionally engage in social interactions or make/take personal telephone calls of short duration to conduct necessary personal business.   That is the de minimus standard.   When these interactions occur commonly, rather than occasionally, or when they are so lengthy in duration and social/personal in nature as to constitute a significant interruption in the performance of paid work for non-work activities, they are no longer minimal.

Approved June 2003


 
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Personal Use of COT Equipment

Effective July 1, 2002

It is permissible for faculty and staff to make personal use of COT equipment on a limited basis. Large scale printing and faxing is prohibited. The cost of sending personal faxes or using COT printers for personal purposes must be reimbursed to the College at the rate of $1.00 per page .

E-mail should not be used for personal purposes.

Reimbursement for printing and faxes should be paid to the Business Office at the time a personal fax is sent.


 
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Testing Center Use Procedures
EXAM INSTRUCTIONS FORM
  • Please schedule Testing Center with Administrative Support (X3705 or 268-3705) 24 hours in advance.   Online exams should be proctored in 4-hour blocks. Walk-ins will be accommodated when possible.   (No scheduling from 12:00-1:30 pm unless prior arrangements have been made.)
  • Place exam in a manila envelope, paper clip the attached Exam Instruction Form (Individual Testing) or Exam Instruction Form (Block Testing) .   List items that can be used with the exam (calculators, straight rule, pencils or pens, etc.), special accommodations i.e., listening section on exam) and any other information that would be pertinent in proctoring the exam.   This will allow the room to be scheduled appropriately.
  • Backpacks will not be taken into the testing center.   Purses are permitted.   Cell phones are to be turned off or put on vibe (if incident occurs, the student will be asked to leave).
  • A camera system is installed and used in the Testing Center .
  • Students are not permitted to leave the testing center during the exam.  
  • A CD/cassette player is available should there be a listening section on the exam.
  • The completed exam will be returned to the manila envelope and placed in instructor's mailbox unless there is specific instruction to the contrary.
  • If exam is cancelled, please contact Administrative Support (X3705 or 268-3705) as soon as possible so that testing room can be made available.
  • Proctor will not be responsible to contact students, collect or return homework.

 
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Relationships with Students

Interactions between the faculty and students at MSU-Great Falls College of Technology are guided by mutual trust, confidence, and professional ethics. An inherent power differential exists between faculty members and students; as a result, faculty-student interactions that go beyond their professional connection carry risks of conflict of interest, breach of trust, abuse of power, and breach of professional ethics.

Faculty members shall not engage in romantic, sexual, or exploitive relationships with students whenever a faculty member has a professional "position of authority" with respect to the student in such matters as teaching a course or in otherwise evaluating, supervising, or advising a student as part of a school program. Should such a relationship develop, or appear likely to develop, while the faculty member is in a position of authority, the faculty member and/or the student shall terminate the position of authority. Even when the faculty member has no professional responsibility for a student, the faculty member should be sensitive to the perceptions of other students that a student who has a consensual relationship with a faculty member may receive preferential treatment from the faculty member or the faculty member's colleagues.

Failure to comply with this policy will subject the faculty member to disciplinary action up to and including dismissal.   This policy applies also to other College employees who have a supervisory or advisory responsibility for students.

There are exceptional circumstances in which a student at the College is a spouse, partner or other individual with a previously established close person tie to a faculty member or other employee with a supervisory/advisory responsibility. This policy does not apply in such circumstances, but the circumstance should be disclosed to the Dean of the College as soon as the employee is aware of the close relation's enrollment.   The Dean of the College is the administrative officer who determines whether an exceptional circumstance exists and, if so, the extent to which it governs employee conduct.


 
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Sexual Harassment Policy

Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of gender, and sexual harassment is a form of gender-based discrimination. Montana State University-Great Falls College of Technology prohibits and will not tolerate sexual harassment on its premises, within any of its programs, services or other College-sponsored activities, or by anyone acting as an agent of the College.

MSU-Great Falls College of Technology uses the definition of sexual harassment set forth by the U.S. Equal Employment Opportunity Commission which states:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when submission to or rejection of this conduct explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work performance or creates an intimidating, hostile or offensive work environment.

The College extends these protections beyond its employees to include its students, other consumers, and members of the general public who come into contact with the College or its agents.

Anyone who believes they are experiencing sexual harassment should immediately contact the College's Equal Employment Opportunity/Affirmative Action Officer, Jill Davis, to discuss options for resolving the issue. Individuals are generally encouraged to attempt to resolve the issue informally by discussing their concerns with the alleged harasser, his or her supervisor, or both. However, the College recognizes that sexual harassment is a sensitive and potentially volatile issue, and if it is not feasible for the harassed individual to follow this recommended procedure, the EEO/AA Officer should be contacted initially to begin an investigation. All complaints will be handled with discretion and information provided in the initial complaint and during the course of the investigation will remain as confidential as possible. The identity of both the complainant and the alleged harasser will be protected.

Sexual harassment complaints must be received within 180 days of the alleged act(s), with the possibility of extending that deadline to 365 days with extenuating circumstances. The EEO/AA Office will generally begin with an informal investigation to determine validity of the charge and seek satisfactory resolution. In extreme or potentially dangerous circumstances, the EEO/AA Officer will authorize an immediate formal investigation, and may recommend that the alleged offender be suspended from duties with pay and/or barred from the premises pending the findings of the investigation.

The EEO/AA Office will complete its investigation within 15 working days of the receipt of the complaint, unless circumstances beyond the control of the Office prevent such a timely completion. In that case, the EEO/AA Officer will request an extension of up to 15 working days to complete the investigation.

Upon completion of the investigation, the EEO/AA Officer will complete a Report of Findings and submit it to the Dean within 10 working days of receipt of the Investigation Report. When circumstances prevent completion within that timeframe, the EEO/AA Officer may request an extension of up to 10 working days for completion.

Any individual found to be guilty of violating the College's sexual harassment policy will be subject to discipline commensurate with the nature of the offense. Disciplinary action up to and including termination (or dismissal in the case of a student, termination of a contract in the case of a contractual relationship, or restricted access to the College in the case of a member of the general public) may be implemented.

Individuals who submit complaints and/or participate in the investigation process are protected from retaliation due to their participation. Anyone engaging in retaliatory behavior will be in violation of the College's sexual harassment policy, and therefore subject to appropriate disciplinary action as outlined above.

MSU- Great Falls is committed to providing and ensuring a safe, positive learning environment that is free from harassment.

Adopted September 2003


 
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Procedures For Processing Threat Reports - Employee

The MSU-Great Falls College of Technology Employee Handbook expressly provides for a safe and secure campus environment.   Endangering this environment and violation of the policy guaranteeing a safe and secure campus may result in disciplinary action.   These procedures explain how the disciplinary action will be determined.

Threats made against MSU-Great Falls College of Technology students, faculty, staff or administration, even in jest, will not be tolerated.   In every case of a threat, the person who hears the remark should report it immediately to the Dean.   The Dean, or her designee, will determine which of the following levels apply to the situation and take the described action. Whenever a threat is documented, action will be taken.

If the threat is made by a person not associated with the College in any way, the Great Falls Police Department will be notified immediately, a police report will be filed and the police will be advised that the person is to be told not to return to campus.   If threats are repeated, a court-ordered restraining order will be pursued by the College of Technology .

If the person making the threat is an employee of the College of Technology (i.e., staff, faculty, adjunct faculty, or administrator) the following disciplinary steps will be invoked:

Level I

If the statement:

  • Was made by a person with no previous history of violence or threats and was a spontaneous response as a result of a brief anger flare-up OR
  • Was made well after any causal incident and the employee's intent/motivation is unclear .

Then:

  • The person may be suspended without pay for from 1 - 10 days, depending on the nature of the incident and the individual's past and current behavior.
Level II

If the statement reflects a patterned,
sustained response, rather than a momentary flare-up:

  • Made by a person with a previous history of violence or threats, or
  • Though made only once, indicates or reflects a plan, or
  • Suggests a long-harbored ill-feeling toward or resentment of the threatened individual .

Then:

  • Police will be notified.
  • The person's employment with the College of Technology   will be terminated immediately
  • The individual will be instructed not to return to campus.

Approved by COT Leadership 09/05/2003


 
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Procedures For Processing Threat Reports - Students

The catalog of MSU-Great Falls College of Technology expressly provides for a safe and secure campus environment.   Endangering this environment and violation of the policy guaranteeing a safe and secure campus may result in disciplinary action.   These procedures explain how the disciplinary action will be determined.

Threats made against MSU-Great Falls College of Technology students, faculty, staff or administration, even in jest, will not be tolerated.   In every case of a threat, the person who hears the remark should report it immediately to the Dean.   The Dean, or designee, will determine which of the following levels apply to the situation and take the described action. Whenever a threat is documented, action will be taken.

If the threat is made by a person not currently associated with the College in any way, the Great Falls Police Department will be notified immediately, a police report will be filed and the police will be advised that the person is to be told not to return to campus.

If the person making the threat is currently a student the following disciplinary steps will be invoked:

Level I

If the statement:

  • Was made by a person with no previous history of violence or threats and was a spontaneous response as a result of a brief anger flare-up or
  • Was made well after any causal incident and the student's intent/motivation is unclear .

Then:

  • The person may be removed from campus or suspended for from 1 - 10 days, depending on the nature of the incident and the individual's past and current behavior.
Level II

If the statement reflects a patterned, sustained response, rather than a momentary flare-up:

  • Made by a person with a previous history of violence or threats, or
  • Though made only once, indicates or reflects a plan, or
  • Suggests a long-harbored ill-feeling toward or resentment of the threatened individual.

Then:

  • Police will be notified.
  • The person will be immediately removed from campus, and if the statement or statements are verified, the person will be suspended indefinitely.   The student may lose credit for the current term.
  • A risk evaluation will be required, at the student's expense, before the student's return to campus will be considered.   The risk evaluation must be performed by a psychiatrist, clinical psychologist, or a clinical social worker, who will submit a written report for consideration by the College.
  • Further disciplinary action and/or continued risk evaluations may be required, depending on the results of the evaluation.
Level III

If:

  • The statements and surrounding context indicate a thought-out plan to harm one or more people.

Then:

  • Police will be notified.
  • The person will be immediately removed from campus and, if the statement or statements are verified, the person, if a student, will be expelled from the College for the semester in progress and for at least one full semester after the incident.   The student may lose credit for the current term.
  • A risk evaluation of the student will be required, at the student's expense, before re-admission to the College is considered by the College's Admissions Committee.   The evaluation must be performed by a psychiatrist, clinical psychologist, or a clinical social worker, who will submit a written report for consideration by the College Admissions Committee.  
  • Further disciplinary action and/or continued risk evaluations may be required, depending on the results of the evaluation.

Approved by COT Leadership 9/5/2003


 
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Vehicle Use Policy and Use
VEHICLE USE FORM

The Risk Management and Tort Defense Division of the Department of Administration recently adopted the attached State of Montana Vehicle Use Policy (also found in the Administrative Rules of Montana, ARM 2.6.201 through 2.6.214 and on line at http://www.discoveringmontana.com/doa/rmtd/css/01 aboutrmtd/statutes.asp).   This state policy and administrative rules became effective on October 12, 2001.   The State of Montana Vehicle Use Policy defines acceptable uses for state-owned or leased motor pool vehicles.

Please read the attached State of Montana Vehicle Use Policy and Vehicle Use Form.   Once you have read the policy and form, please sign and date the Vehicle Use Form enclosed with this memorandum.   You must then return the signed Vehicle Use Form to the MSU-GF Controller.   These forms will be kept on file in the Business Office.

If you have questions about the Vehicle Use Policy or Vehicle Use Form, please discuss them with the MSU-GF Controller.


 
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Authorized Drivers and Uses

(a) A state employee:

  • To conduct business on behalf of the state;
  • In travel status to obtain food and lodging and to respond to medical emergency situations;
  • Required to conduct state business to obtain items needed while in travel status;
  • May park a state vehicle overnight at the employee's residence if the employee must begin travel the next day or if the employee is subject to emergency response, on-call, or other off-shift duty associated with state employment;
  • Required to stay overnight at a location other than the employee's established work location during nonwork time to drive to a cultural, recreational, or leisure activity or to conduct other personal business, if the activity is within 30 miles of the employee's lodging.

(b) A non-state employee:

  • Enrolled and registered as a student at a university of the state to conduct university business;
  • To aid or assist a disabled state employee if the aide has completed the risk management and tort defense division's (RMTD) vehicle use agreement and obtained authorization from the agency head or designee prior to the use;
  • To assist a state employee or other individual during a medical emergency for transportation and related purposes.   Prior approval is not required;
  • Who is an independent contractor or an employee of a temporary employment agency contracting with the state with prior approval from the agency head when a state employee is not available to operate the vehicle.   The contractor must complete the RMTD's vehicle use agreement.   The agreement must be signed by the agency head and presented to the motor pool or affected state agency prior to the use;
  • Accompanying a state employee on official state business where the state employee becomes ill, fatigued, or is otherwise rendered physically or mentally incapable of driving and/or a compelling state interest is served by allowing the non-state employee to drive.   Prior approval is not required.

Any exception to the authorized drivers and uses requires the prior written approval of the risk management and tort defense division.

Definition of "points" against a driving license from 61-11-203 MCA

15 points: deliberate homicide resulting from the operation of a motor vehicle.

12 points: mitigated deliberate homicide, negligent homicide resulting from operation of a motor vehicle, or negligent vehicular assault; OR any offense punishable as a felony under the motor vehicle laws of Montana or any felony in the commission of which a motor vehicle is used.

10 points: driving while under the influence of intoxicating liquor or narcotics or drugs of any kind or operation of a motor vehicle by a person with alcohol concentration of 0.10 or more.

8 points: failure of the driver of a motor vehicle involved in an accident resulting in death or injury to any person to stop at the scene of the accident and give the required information and assistance.

6 points: operating a motor vehicle while the license to do so has been suspended or revoked.

5 points: reckless driving, OR illegal drag racing or engaging in a speed contest in violation of the law, OR any of the mandatory motor vehicle liability protection offenses.

4 points: willful failure of the driver involved in an accident resulting in property damage of $250 to stop at the scene of the accident and give the required information or failure to otherwise report an accident in violation of the law.

3 points: speeding, except as provided in 61-8-725 MCA, "A violation of a speed limit imposed pursuant to 61-8-303 is not a criminal offense within the meaning of 3-1-317 , 45-2-101 , 46-18-236 , 61-8-104 , and 61-8-711 and may not be recorded or charged against a driver's record, and an insurance company may not hold a violation of a speed limit against the insured or increase premiums because of the violation if the speed limit is exceeded by no more than: 10 miles an hour during the daytime; or 5 miles an hour during the nighttime."

2 points: operating a motor vehicle without a license to do so, (this does not apply to operating a motor vehicle within a period of 180 days from the date the license expired); OR all other moving violations.


 
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Vehicle Use Policy - State of Montana
VEHICLE USE AGREEMENT FORM

RISK MANAGEMENT AND TORT DEFENSE         
2.6.203 Sub-Chapter 2 - State Vehicle Use

2.6.201   INTRODUCTION 

(1)   The following rules define acceptable uses for state-owned or leased motor pool vehicles as provided in 2-17-424, MCA.   State employees or authorized individuals may be subject to additional guidelines, policies, insurance coverage exclusions, or regulations for vehicle/equipment fleet operations, provided that they do not conflict with these rules.

(2)   Drivers and passengers must use installed seat belts at all times. (History:   2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)

2.6.202   DEFINITIONS   As used in this sub-chapter, the following definitions apply:

(1)   "State" as defined in 2-9-101, MCA.

(2)   "State employee" as defined in 2-9-101, MCA.

(3)   "State vehicle" means a motor vehicle, semi-trailer, snowplow, or other vehicle designed for travel on public roads that is subject to motor vehicle registration, including any machinery or apparatus attached to the vehicle.   The term includes the following:

(a)   a "leased vehicle" obtained by the state through an open-ended lease or lease with an option to buy contract;

(b)   a "loaned vehicle" provided to the state as a gratuity;

(c)   an "owned vehicle" to which the state has title; and

(d)   a "rented vehicle" rented by the state for a fee, typically for short-term use in Montana or for out-of-state travel.   (History:   2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)

2.6.203   AUTHORIZED DRIVERS AND USES

(1)   Except as otherwise provided in this rule, the following individuals may operate a state vehicle if the driver possesses a valid driver's license appropriate to the type of vehicle to be driven, meets driver requirements set out in ARM 2.6.205, and the uses are as provided below:

(a)   a state employee to conduct business on behalf of the state;

(b)   a state employee in travel status to obtain food and lodging and to respond to medical emergency situations;

(c)   a state employee required to conduct state business to obtain items needed while in travel status;

ADMINISTATIVE RULES OF MONTANA         12/31/01          2-211
2.6.204    ADMINISTRATION

(d)   a state employee may park a state vehicle overnight at the employee's residence if the employee must begin travel the next day or if the employee is subject to emergency response, on-call, or other off-shift duty associated with state employment;

(e)   a state employee required to stay overnight at a location other than the employee's established work location during nonwork time to drive to a cultural, recreational, or leisure activity or to conduct other personal business, if the activity is within 30 miles of the employee's lodging;

(f)   a non-state employee enrolled and registered as a student at a university of the state to conduct university business;

(g)   a non-state employee to aid or assist a disabled state employee if the aide has completed the risk management and tort defense division's (RMTD) vehicle use agreement and obtained authorization from the agency head or designee prior to the use;

(h) a non-state employee to assist a state employee or other individual during a medical emergency for transportation and related purposes.   Prior approval is not required;

(i)   a non-state employee who is an independent contractor or an employee of a temporary employment agency contracting with the state with prior approval from the agency head when a state employee is not available to operate the vehicle.   The contractor must complete the RMTD's vehicle use agreement.   The agreement must be signed by the agency head and presented to the motor pool or affected state agency prior to the use; and

(j)   a non-state employee accompanying a state employee on official state business where the state employee becomes ill, fatigued, or is otherwise rendered physically or mentally incapable of driving and/or a compelling state interest is served by allowing the non-state employee to drive.   Prior approval is not required.

(2)   Any exception to the authorized drivers and uses requires the prior written approval of the risk management and tort defense division.   (History:   2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)

2.6.204   AUTHORIZED PASSENGERS AND USES

(1)   Except as otherwise provided in this rule, the following individuals may ride as passengers in a state vehicle:

(a)   a state employee conducting business on behalf of the state; or

ADMINISTRATIVE RULES OF MONTANA     12/31/01    2-212                
RISK MANAGEMENT AND TORT DEFENSE        2.6.205

(b)   a non-state employee who is:

(i)   an independent contractor conducting business on behalf of the state;

(ii) an aide rendering assistance to a disabled state employee;

(iii) a guest or client of the state, including a public employee, if conducting, participating in, or providing a benefit to the conduct of state business;

(iv) rendering assistance during an emergency situation; or

(v)   a nursing infant if the parent is an authorized driver or passenger.

(2)   Any exception to the authorized passengers and uses requires the prior written approval of the risk management and tort defense division.   (History: 2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)

2.6.205   Driver Requirements

(1)   Non-probationary employees required to drive as part of their job who have accumulated 12 or more conviction points according to the schedule specified in 61-11-203, MCA, over the most recent 36 months may not drive a state vehicle or personal vehicle for state business until having successfully completed a certified safe driver course approved by the RMTD and received authorization to drive from their agency head and RMTD.   State employee drivers who have accumulated 15 or more conviction points according to the schedule specified in 61-11-203, MCA, may not drive a state vehicle or a personal vehicle for state business until the accumulated point total is less than 12 within the past 36 months.

(2)   Non-probationary employees who have accumulated 18 or more points in the immediately preceding 36 months may not drive a state vehicle or a personal vehicle for state business until two years have passed during which they have not accumulated any conviction points according to the schedule specified in 61-11-203, MCA, have successfully completed a certified safe driver course approved by RMTD, and received authorization to drive from their agency head and RMTD.

(3)   A state employee required to drive as part of the employee's job shall report any single driving infraction of five or more conviction points according to the schedule in 61-11-203, MCA, accumulated while driving a state vehicle or a personal vehicle for state business to the employee's supervisor within 10 days of conviction.

ADMINISTRATIVE RULES OF MONTANA        12/31/01          2-213
2.6.205    ADMINISTRATION      

(4)   A state employee required to drive as part of the employee's job shall report an accumulation of conviction points of 12 or more according to the schedule in 61-11-203, MCA, for the past 36 months immediately preceding the infraction, whether accumulated while driving a state vehicle, a personal vehicle for state business or accumulated while driving a motor vehicle for any purpose within 10 days of the accumulation of 12 or more points to the employee's supervisor.

(5)   Authorized drivers are responsible for promptly paying all penalties following the court procedures established for contesting citations.

(6)   The above requirements also apply to those individuals authorized to drive under the conditions listed in ARM 2.6.205.

(7)   The requirements specified in this rule apply to conviction points received after October 12, 2001.

(8)   An agency has the authority to restrict employees otherwise authorized as drivers from using state vehicles when it knows they are unsafe drivers from means other than the accumulation of conviction points.   (History:   2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)

Rules 06 through 08 reserved


The Following is 2-219

ADMINISTRATIVE RULES OF MONTANA     12/31/01    2-214                
RISK MANAGEMENT AND TORT DEFENSE        2.6.210

2.6.209   ALCOHOL AND DRUGS

(1)   No person under the influence of alcohol, illegal drugs, or improperly used prescription drugs may drive a vehicle for state business.

(2)   No person may drive a vehicle for state business under the influence of any legally prescribed drug if that drug affects the person's ability to safely operate the vehicle.

(3)   No person may have an alcoholic beverage container in the passenger compartment of a state-owned, leased, or loaned vehicle.   (History: 2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)

2.6.210   CELL PHONE USE

(1)   State employees shall drive in a careful and prudent manner so as not to unduly or unreasonably endanger the life, limb, property, or rights of a person entitled to use a street or highway.

(2)   State employees are strongly encouraged not to use handheld cell phones or other handheld electronic communications devices or objects while operating state vehicles or personal vehicles on state business. Exceptions to this rule are law enforcement and emergency response personnel.   (History: 2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)

Rules 11 through 13 reserved


The Following is 2-225

ADMINISTRATIVE RULES OF MONTANA        12/31/01          2-219
RISK MANAGEMENT AND TORT DEFENSE        2.6.214

2.6.214   DISCIPLINE 

(1)   Failure to comply with the requirements of these rules may result in disciplinary action, including suspension or termination. Any supervisor who becomes aware of any violation of these rules by an employee they supervise shall take appropriate disciplinary action, according to the state discipline policy set forth in ARM 2.21.6501 through 2.21.6509, 2.21.6515, and 2.21.6522.   (History:   2-17-424, MCA; IMP , 2-9-201, 2-9-305, and 2-17-424, MCA; NEW , 2001 MAR p. 2013, Eff. 10/12/01.)


 
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