Office of the Assistant Secretary for Administration and
U. S. DEPARTMENT OF LABOR MANUAL SERIES
DLMS 2 - ADMINISTRATION
DATE: May 7, 2004
MANUAL TRANSMITTAL ___
Chapter Reference: Chapter 520 — DOL Parking Policy
Nature of Revisions: The revision of this chapter is intended to replace the current parking policy which has not been revised since 1982. This chapter updates policies, authorities, and organizational responsibilities associated with the acquisition, allocation and management of parking facilities for the DOL, nationwide.
Approval for Issuance and Distribution:
- Provide overall policy direction to all Department of Labor (DOL) employees and managers concerning the availability of Government parking space and the use of parking facilities, when they are available and managed by the DOL, or other third parties,
- Form the parameters within which Site Specific Rules (SSRs) may be created to accommodate varying local conditions, and
- Ensure equitable, fair, and consistent use of DOL controlled parking facilities to fulfill the goals of the Department nationwide.
- Assistant Secretary for Administration and Management (ASAM), or designee,
is responsible for the formulation of the overall DOL Parking Policies and Programs, and the oversight of administration practices which affect all offices in all locations.
- DOL Agency Heads, or their designees are responsible for enforcing this policy in their respective agencies and for reviewing agency requests, prior to forwarding to the Assistant Secretary for Administration and Management in the National Office.
- The Director, Business Operations Center (BOC), or designee is responsible for the administration and implementation of this Department-wide policy in the National Office, and the Washington Metropolitan Area.
- OASAM Regional Administrators (RAs), or their designees, are responsible for administering this policy in accordance with these rules and regulations, and, if deemed appropriate, for the review, implementation, administration, and enforcement of Site Specific Rules (SSR) in regional and area offices. The OASAM-RAs, or their designees, are responsible for ensuring that all SSR provisions conform to the policies and specifications contained in this DLMS chapter. The OASAM Regional Administrators shall serve as the executive authority in the administration and allocation of all parking resources in their Region(s) and shall be the final authority for all parking permits or authorizations and related decisions, subject only to review by the ASAM, or designee.
- DOL employees who make application for parkingare responsible for ensuring all information contained in their parking application is accurate and updated as necessary, and for seeking renewal at expiration and/or reallocation.
- The Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471 et seq.), the Public Buildings Act of 1959.
- Federal Property Management Regulations, FPMR, 41 CFR, Chapter 101 (revised July 1, 2000), 101-20.003, through 101-20.104-4.
- Federal Management Regulations, FMR, 41 CFR Chapter 102 - Part 102 - 74 GAO/OGC-91-5, Appropriations Law, Vol. I, Chapter 4, Availability of Appropriations: Purpose, Principles of Federal Appropriations Law, page 4-222.
- Matter of Use of Appropriated Funds to Pay Commercial Parking Costs of Severely Disabled Employees, 63 Comp. Gen. 270, B-211, 812, March 26, 1984, Decisions of the Comptroller General, which provides guidance for use of appropriated funds for parking accommodations for employees with disabilities.
- DOL Managed Parking. DOL managed parking is vehicle parking space:
- included within the normal leasing arrangements for space,
- allocated and controlled by the DOL, and
- that may be used for the parking of Government vehicles, other official vehicles, visitor vehicles, or employee vehicles.
- Third Party Managed Parking. Third party managed parking is vehicle parking space that:
- is included within the normal leasing arrangements for space,
- is controlled, and spaces allocated by, a third party, and
- may be used for parking of Government vehicles, other official vehicles, visitor vehicles, or employee vehicles.
- Car pool. A car pool is an arrangement in which a group of two (2) or more individuals (including driver) commute together using a car for transportation to and from work. The primary carpool applicant must be a DOL employee.
- Van Pool. A group of seven (7) or more individuals (including driver) in a vehicle designed to accommodate seven (7) or more passengers, will be considered a vanpool. The primary carpool applicant must be a DOL employee.
- Visitor Parking. Visitor parking spaces are those spaces reserved for the use of visitors to Federally owned or leased facilities.
- Official Needs. Are the Government Owned Vehicles (GOVs), Postal vehicles, Privately Owned Vehicles (POVs) of judges, service vehicles directly servicing the needs of the DOL and/or the facility in which the DOL is located, on a frequent basis, and vehicles of patrons and visitors.
- Official Necessity. Are those spaces for Privately Owned Vehicles (POVs) of executive staff and other DOL employees as specifically outlined in paragraph 526 C. Official necessity includes officials qualified by the criteria in 525 I., Compelling Need.
- Employees with Disabilities: Parking for applicants under this provision is for persons who have successfully applied through the process prescribed by DLMS 4 for qualification under the Reasonable Accommodations provisions, for the term specified by the evaluators. This certification will be for the term specified by the evaluators, and, if recent and still in force, may be sufficient documentation for permit renewal at reallocation. Parking management reserves the right to require re-submission and new, updated medical evaluations if a particular disability is other than permanent in all cases.
- Compelling Need. Employees using their POVs for official business may qualify under this provision when all of the following criteria are met:
- The use of a taxicab, public transportation, or transportation provided by the Department is not available or feasible,
- The employee is using their POV on a majority of workdays, which is defined as at least 12 days per month, and
- The employee travel must be qualified for reimbursement under Federal travel regulations.
- Executive. Means a Government employee with management responsibilities that, in the judgment of the Director, BOC or OASAM-RA or designated Agency official, requires a preferential assignment of parking privileges. (CFR 101- 20.003 [j])
- Unusual Hours. Means work hours that are frequently required to be varied and do not coincide with any regular work schedule. This category includes individuals who regularly work significantly more than eight hours per day. This category does not include shift workers, those on alternative work schedules, or those granted exceptions to the normal work schedule, such as Flex-Time.(FPMR 101-20.003, gg) Unusual Hours are a varied hours work circumstance, required and approved by management, that is outside regular commuting and parking needs, and required by the job, and in which parking issues arise.
- Parking Permits: The use of the term “ permit” or “ permit system” refers to facilities in which a permit is issued to be displayed and used as a physical identifier for vehicles qualified and allowed to enter DOL controlled parking facilities. The permit may be a mirror hang tag, bumper sticker, or dashboard placard prominently displayed to allow use of DOL allocated parking space. Permits may vary in term, and have periodic expiration and renewal, and may require a periodic fee payment. Parking permits are not a guarantee that an actual parking space will always be available.
- Parking Authorizations: In facilities that are severely limited in numbers of parking spaces available for allocation to DOL employees, the use of a permit system as above in paragraph L is not required. In these severely limited locations an Authorization List of parkers qualified by these rules will be instituted and maintained by the responsible administrative authority. Parking authorizations are not a guarantee that an actual parking space will always be available.
The following descending order of priority will govern allocation of DOL controlled parking spaces and will include the best interests of the DOL as judged by the Director, BOC, or by delegation to the Regional Administrator, OASAM in regional offices, or other responsibleadministrative authorities in other facilities. Permits will be issued to the following classes of employees only to the extent that they are present in the work force at that particular site, and that work site is their official duty station.
- Official Needs: Parking permits/authorizations for Official Needs will be issued to qualified vehicles as defined in paragraph 525 F.
- Employees with Disabilities: Parking permits/authorizations will be issued for qualified employees with disabilities as defined in 525 H.
- Official Necessity: Parking permits/authorizations will be issued at the building of principal employment to:
- The Secretary of Labor and immediate staff.
- The list of Presidential Appointees, Officials confirmed by The Congress of The United States, and other Executive personnel (See Definitions, 525 J) specified by the Office of the Secretary (National Office), or Regional Administrator - OASAM, or designee(elsewhere as applicable).
- Employees demonstrating a compelling need. (See Definitions, 525 I)
- Employees who work unusual hours. (See Definitions, 525 K.)
- Vanpools: Permits will be issued for qualified vanpools as defined in 525 D.
- Carpools: Permits will be issued for qualified carpools as defined in 525 C.
528 Governing Rules. Compliance with the following governing rules shall be required in all DOL facilities in which the DOL has control of any parking space allocation, however limited. DOL employee parking spaces controlled by the DOL, but contracted, either in whole or part, to others for management, shall specify, require, and implement these policies and rules as the operating basis. In all third party managed and controlled parking facilities in which the DOL exercises no allocation control, parking permits or authorizations will be issued in accordance with the guidelines established by the third party. The DOL will not take any actions to overrule the parking related decisions of the managing third party.
- Use of Appropriated Funds. Where parking facilities are not available through the normal leasing arrangements for space, the DOL will not enter into any special leasing arrangements, or make arrangements through appropriated funds, in order to make them available, except as required by law. Exceptions to this general Federal guideline are:
- Incremental payments to, or for, employees with disabilities accessible parking (see 526 B.), or
- If provided for in a collective bargaining agreement with a recognized union, or
- A written finding, approved by the Regional Administrator, OASAM (OASAM-RA), and subject to review by the Director, BOC or the ASAM, that significant impairment to morale, retention, and operating efficiency will result from a lack of sufficient parking space.
- Reasonable Accommodations. It is the intention of this policy to provide the highest level of parking accommodation to employees with disabilities who have permanent mobility impairments using practicable parking resources. Approved applicants for accommodation will be granted on an individual basis according to the parking resources available at that work site. Reasonable parking accommodations may vary by work site according to the unique circumstances of public transportation availability, mobility impairment of the applicant, and parking resources available to the DOL.
The DOL may pay the reasonable increased portion only of commercial parking fees for employees with disabilities, if the disabling condition requires the individuals to pay more than a de minimus amount above that generally paid by other employees working at the same facility (Decisions of the Comptroller General, 12349, March 26, 1984). Each accommodated employee with a disability must pay the usual cost (typically paid by others for commercial parking in that same area) of commuter parking and the Department may pay the increased portion resulting from parking accessibility requirements. The DOL may request that GSA provide the necessary parking accommodations. However, the Department may request delegation of authorities for this purpose to facilitate accounting procedures related to incremental parking payments.
Only those persons qualified as disabled by procedures specified in DLMS 4, or its successor, shall be eligible for Disability Accommodation Parking. The DOL shall rely on, and follow, appropriate DLMS rules and regulations specified by the Equal Employment Opportunity Program, Reasonable Accommodations for Americans With Disabilities Act (July, 1990), and disability accommodation provisions and procedures specified by the Office Civil Rights’ DLMS Chapter.
- Security: Management, in cooperation with DOL Security Department, or the providers of building security, may take additional steps to insure identification of both personnel and vehicles entering DOL facilities of any kind, and may direct the search of any vehicle, passengers, and their bags, briefcases, or containers of any kind within the vehicle, seeking entry to a DOL controlled facility.
- Compelling Need: The frequent need for transportation services alone will be considered sufficient evidence of compelling need only when the use of a taxicab or other public transportation, or other transportation provided by the Department, is not feasible. Parking privileges will not be assigned on the basis of home-to-work inconvenience such as frequent overtime. The appropriate administrative authority will consider only Compelling Need requests that meet all the criteria in paragraph 525 I., and have been approved by a DOL Agency Head.
- Car Pooling and Ride Sharing: If space is available, and higher priorities fulfilled, parking permits will be issued to DOL employees for this category on the basis of the number of regular members in the car/vanpool. Workers employed outside DOL may be approved members of a car/van pool, but do not qualify to hold a permit under this provision. Occasional users are ineligible to be members of a carpool/vanpool. Car/vanpools with the highest number of regular members will receive priority in the allocation of parking spaces. In case of ties, the Car/Vanpool with the longest length of combined Federal service will be selected. Length of Federal service includes military service time. Only DOL employees qualify to apply for, and hold, DOL allocated permits/authorizations, except as provided for by specific GSA agreements. Children may be car/van pool members if both (1) enrolled in an on-site DOL child care program and (2) there are at least two other adult members in a car pool, or five other adults in a van pool.
- Site Specific Rules: (SSR) If deemed necessary by the administrative authority, SSRs may be established for varying local conditions, facilities, and personnel, and will result in numerical differences in actual use between locations. Site Specific Rules established for local conditions shall not conflict with these DLMS regulations in intent, or in actual application. As no two locations have identical facilities, transportation factors, or personnel, no comparison can be established or made between different locations. These DLMS rules apply to all spaces over which the DOL exercises allocation of parking spaces by permit or authorization, regardless of limitations. Site Specific Rules, if deemed necessary and established by the responsible administrative authority, may provide for all areas of the administration of the parking program with Regional and sub office SSRs subject to the review of the Director, BOC. Parking permits, or parking authorizations, shall be issued according to these rules and priorities in paragraph 526, until spaces are exhausted.
- Maximizing use may be facilitated by issuing permits, or parking authorizations, in excess of the number of available spaces. Authorization lists shall be kept, including all information required by Paragraph 528 J below. When all spaces have been allocated according to the priorities in Paragraph 526, SSRs may provide for, and require, waiting lists of qualified parking applicants who did not receive a parking space allocation due to the lack of availability. Applicants may apply at any time, and be placed on the waiting list if qualified, and no space is available. In regional offices, OASAM Regional Administrators, or their designees, shall have the authority to amend and update lists of authorized parkers, and shall make and approve changes, both permanent and temporary, to parking authorization lists.
- Parking Permits, when used in DOL controlled facilities, must be displayed visibly by all vehicles, in all categories, in a prominent position. SSRs, if utilized, will specify the type and prominent placement location of vehicle permits if a permit system is employed. Vehicles failing to display a required permit may be removed at the owner's expense.
- Parking Permits or Parking Authorizations are not transferable to any other person and are not valid except for use by the person to whom it was assigned. In a car or van pool, the temporary absence of the DOL permit or authorization holder, which is defined as an absence of less than thirty (30) days, shall not invalidate the car/van pool permit or authorization, provided the proper notification of the temporary change is made within the 15 day period specified below. The responsible administrative authority will consider all circumstances of any change in membership. However, no consideration may be given to continuance of a permit or authorization in the absence of a DOL employee as the permanent user and permit holder. When changes are made in car or van pool member composition causing permanent diminished qualification under the rules and priorities in this section the space may be considered open and subject to the allocation rules in this section.
In order to further the utilization of parking space authorized in a facility where no permit system is appropriate, the temporary absence of an authorized parker, and the resulting open space, may allow utilization on a temporary basis, by another DOL employee who is qualified and authorized by these rules and priorities.
Variations in car pool membership are normal, but must be reported to, and recorded, within 15 days of the change, by the responsible administrative authority. Permit and authorization holders, and car pool/vanpool members, shall identify themselves with photo IDs whenever requested by the administrators, security personnel, or uniformed guards, and will cooperate, at all times, with control, safety, and security procedures.
Violations of these DLMS Section 520 Rules or failure to report changes may result in the loss of parking privileges for a period not to exceed six months as determined by the responsible administrative authority.
- Record Keeping by the responsible administrative authority(s) shall include the priority category (paragraph 526), name of the permit/authorization holder, names of car and van pool members, home address(es), their place(s) of work, office room number(s), phone(s), service comp. date(s), plus any other criteria deemed useful for permit or authorization issuance, control, allocation, and management of the parking program. This information may form the basis of a Parking Authorization List in lieu of a permit system in severely limited facilities as judged by the responsible authority. SSRs will specify all information required, and the forms to be used for any parking application process. Applicants who qualify for DOL allocated parking, but not receiving an authorization or permit due to lack of space availability, will be placed on a waiting list according to their priority, qualifications, and date of application. All actions and issues materially affecting the parking program shall be recorded, and form part of the records of the conduct of the Parking Program.
- Notification: The responsible administrative authority will provide notification of reallocation, or changes due to construction, or any other material change affecting parking as soon as possible, by posted notices, flyers, and appropriate electronic publications to the general employee population. Parking management will not notify permit holders individually. It is the sole responsibility of the permit holders to keep informed of all parking related issues.
- Reallocation: The allocation of all DOL controlled parking spaces will be re-evaluated and reassigned on a biennial basis, or more frequently as determined by the responsible administrative authority for each facility. The dates of reallocation procedures will be determined by management and may vary according to Department needs. All DOL employees will be given the opportunity to qualify for available spaces whenreallocation occurs. All parkers must re-apply, including those applicants on waiting lists. All spaces must be allocated.
All spaces will be reallocated according to priorities established within this DLMS Section. All parkers, including wait listed applicants, must re-apply using application forms furnished by the responsible administrative authority. Prior notification of reallocation shall not be less than thirty (30) days. Qualification for reasonable accommodations for employees with disabilities shall be according to processes specified by DLMS 4. In cases where no significant changes have occurred, the responsible administrative authority may determine that reallocation is unnecessary and shall document their parking facility file accordingly.
- Fees: The determination that fees will be collected at a particular facility, the method of calculation, and the setting of the amount of the fee, will be made by DOL senior management at the ASAM level and above, in concert with financial authorities, apart from the parking management rules in this Section 520. The Department may determine that fees for the recovery of parking management and other parking costs are to be collected from the users of DOL controlled parking spaces on a periodic basis, either monthly, or as determined by the responsible administrative authority. The Department may, if deemed advantageous to the Department by the ASAM and financial authorities, require the collection of parking fees for any facility over which it exercises allocation control and management function (DOL managed parking). The decision to impose fees may vary by facility. Fees, if imposed at a particular facility, will be applied equally and uniformly to all parkers on a per space basis at that facility. The amount of any fee, if imposed, may vary from facility to facility according to the differing economic real property elements and other cost factors of the differing facilities. If management of DOL controlled facilities is contracted to others, in whole or in part, the Department shall not become the agent for the collection of fees for any other party, whether private or Federal, and in DOL controlled facilities, DOL financial authorities will specify, determine and approve appropriate financial arrangements in any parking permit fee system.
- Utilization. In order to maximize utilization of available parking space, the use of excess ratios, in which the number of parking permits or parking authorizations issued exceeds the number of available spaces, is encouraged, but not required. When excess ratios are used, the responsible administrative authority will seek to insure that the ratio does not normally exceed the availability needed for actual attendance highs. However, the holding of a permit/authorization and/or the payment of parking fees, whether collected by the Department, or by others, shall provide a permit or authorization to park only, and does not guarantee that an actual parking space will always be available. SSRs, when created, shall include appropriate notice and provisions, which notify applicants of the particular facilities utilization protocols and characteristics, emphasizing that parking space is not guaranteed.
- Transportation Subsidies designed to promote mass transit (bus and rail) shall not be available to DOL parking permit or authorization holders, nor shall transportation subsidies be available to any of the members of a car or vanpool.
- Accident or Loss. The DOL is not responsible for any loss as a result of accident or theft, or any other peril normally covered by automobile liability or physical damage insurance, in any parking facility utilized by DOL employees, contractors, guests or visitors, whether or not permitted or authorized by a DOL organization. All parkers in DOL controlled facilities are expected to insure and secure their vehicles/valuables as they would in any other exposure. Automobile accidents or losses in DOL controlled facilities involving vehicles owned or leased by GSA, shall be handled by protocols specified by GSA and other insurers, and shall not involve the DOL except as required by accident reporting requirements and processes specified by GSA.
- Limited Facilities. Where parking resources to be allocated to DOL employees are severely limited, and/or where a third party controls parking facilities, a DOL parking permit system shall not be required. Parking privilege authorizations, to the extent that spaces are available to DOL employees, rather than permits, shall be allocated and authorized by the responsible administrative authority to qualifying DOL employees using the priorities and criteria stated elsewhere in this policy. Where appropriate, Parking Space Authorization Lists shall be created and maintained by the administrativeauthority in lieu of a Permit System.
- Availability. Finite parking resources shall be allocated until available spaces are exhausted. Qualification, according to these rules and priorities, and the actual receipt of a parking permit or parking authorization, are only to the extent that parking spaces are available. Many applicants will qualify in one of the priorities in Paragraph 526 of this policy, but not receive a parking permit or authorization due to limited parking resources available to the Department at that facility. SSRs, if used, may specify the use of waiting lists for qualified applicants. Severely limited facilities, with few spaces to allocate, are not required to maintain waiting lists. In all cases, parking spaces available to DOL for allocation will be according to these rules and priorities.
- Bicycles and Motorcycles. DOL employees using bicycles and Motorcycles to commute to work at DOL facilities shall be afforded space in DOL controlled parking facilities on a space available basis provided there is space adjacent to, or on the periphery of, the parking facility that is conducive to parking bicycles and motorcycles, and not interfering with regular parking space availability. SSRs may modify and reduce requirements of this Section 520 for permit or authorization qualification for bicycles and motorcycle vehicles for parking on a space available basis as appropriate for that location. However, reduced requirements for this class shall not extend to any identification, search, entry security protocols, or other security and record requirements as outlined by this section, and any other additional control and security requirements in SSRs created for that location.
Qualification for parking permits/authorizations in DOL controlled facilities by employees of other Federal agencies shall be established by those agencies. The DOL will issue permits/authorizations, according to the numerical limits of the agreement, to individuals qualified and listed by those agencies. All identification information required of permit/authorization holders, and car/vanpool members must be furnished to DOL prior to permit issuance. All other rules and regulations contained in this DLMS Parking Policy shall apply. Any and all parkers in DOL controlled facilities agree to be subject to these policies, rules, and security procedures, including SSR, FPMR and CFR regulations, in their entirety.