§ 35.104 USE OF TOWN-OWNED EQUIPMENT, MACHINES, TOOLS, AND VEHICLES.
   (A)   Equipment, machines, tools, and vehicles essential in accomplishing job duties are expensive and may be difficult to replace. When using town property, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines. Employees should notify a department head if any town-owned equipment, machines, tools, or vehicles appear to be damaged, defective, or in need of repair. Prompt reporting of damages, defects, and the need for repairs could prevent deterioration of equipment and possible injury to employees or others. Department heads may answer any questions about an employee’s responsibility for maintenance and care of equipment, machines, tools, and vehicles used on the job.
   (B)   It is expected that employees return all town-owned equipment, machines, tools, and vehicles to the town in a clean manner and in proper working condition. The improper, careless, negligent, destructive, or unsafe use or operation of equipment, machines, tools, or vehicles, as well as excessive or avoidable traffic and parking violations, may result in disciplinary action, up to and including termination of employment.
   (C)   Employees who are assigned or have access to a town-owned vehicle must at all times maintain a current valid Indiana operator’s license. Employees failing to maintain a current valid operator’s license will be prohibited from operating any motor vehicle while performing any duties on behalf of the town. Employees are responsible for knowing the status of their operator’s license and shall immediately notify his or her immediate supervisor if his or her operator’s license has been suspended, revoked or become invalid in any way.
   (D)   In order to ensure compliance with the foregoing requirements, each employee driver shall provide the Town Manager, and the Clerk-Treasurer a copy of his or her operator’s license and in January of each year, shall consent to a driver’s license record check. It is the responsibility of the Town Manager and the Clerk-Treasurer to obtain and review an Indiana Bureau of Motor Vehicles driver’s license abstract for all existing employee drivers in January of each year and more frequently if it is determined to be necessary.
   (E)   Prior to obtaining the driver record of an employee driver, a written authorization will be obtained from that employee driver. Any time any of the above actions are taken, the employee driver will be provided with a Pre-Adverse Action Disclosure which includes a copy of the driver’s Driving History Report (MVR) and a copy of A Summary of Your Rights Under the Fair Credit Reporting Act. In addition, that employee driver will be given notice either orally; in writing or electronically that the action has been taken in an Adverse Action Notice.
   (F)   Each employee driver is required to operate motor vehicles in a safe and legal manner whether on or off duty with the town. This includes the use of seatbelts by all employee drivers and their passengers at all times required by law and compliance with any restrictions on the employee driver’s operator’s license. Any employee who is found guilty, determined to have committed, or had a bond forfeited for or in regard to an offense for which points may be charged under 140 IAC 1-4.5-10 shall immediately report that fact to the Clerk-Treasurer and Town Manager. This requirement shall apply to all offenses described above regardless of whether the offense is committed while the employee driver is on or off duty with the town.
(Ord. 2020-26, passed 1-12-21)