§ 35.105 TAKE-HOME VEHICLES.
   (A)   The town allows employees in certain management and professional positions to take town-owned vehicles home on a regular basis. In general, the town extends this benefit to Public Safety employees whose responsibilities include a 24-hour on-call requirement, and other employees who would be required to return to the town in the event of an emergency or serious incident. The purpose of this policy is to set forth the guidelines under which town-owned vehicles may be used.
   (B)   Only employees who have the responsibility to respond to an emergency on a 24-hour a day basis are authorized to take home a town-owned vehicle. If such responsibilities are rotated, the individual on-call is authorized to take a town-owned vehicle home.
   (C)   Take-home vehicles are to be driven to and from work only and not for personal use. An employee may be allowed to pick up or drop off family members while either traveling to work from home or to home from work. The exception must create a minimal interruption in the initial route of travel. Also allowed may be stops at pharmacies, gas stations, grocery stores or other essential locations, provided that they create a minimal interruption in the original route of travel. The employee is not to give permission for the vehicle to be driven by any other person at any time, including family members.
   (D)   Employees shall not consume any alcoholic beverages before or while operating any town owned vehicle at any time. Employees must always also remain in compliance with the town’s Drug-Free Workplace Act of 1988 (section 6.021) when operating a vehicle. Smoking is prohibited in all town vehicles. Refer to Policy #702—Drug and Alcohol Use/Testing (§ 35.151) and Policy #505—Non-Smoking (§ 35.102) for additional information.
   (E)   Excluding Police Department and Fire Department employees, employees living outside a 20-mile radius from the town’s jurisdictional boundaries are not entitled to use a take-home vehicle unless otherwise approved by the Town Manager. Any vehicle owned by the town and used by an employee will display a town decal except for those vehicles designated by the department head and approved by the Town Manager.
   (F)   IRS guidelines. According to the U.S. Department of Internal Revenue Services (IRS) certain take-home vehicle benefits are treated as taxable income. The IRS guidelines require employers to include in employee wages $3 per workday for this taxable fringe benefit. The Payroll Department will apply $3 of taxable fringe benefit for each day the participating employee uses a take-home vehicle in the bi-weekly paycheck.
   (G)   Police Department.
      (1)   With the continued emphasis on community policing and reduction of crime in the town, a take-home car program is available for full-time members of the Police Department to be used while on-duty and to and from his or her residence. Full-time officers who live within a ten mile radius of the town limits have the opportunity to participate in the take-home vehicle program.
      (2)   While operating the police vehicle on duty, officers are bound by provisions of all written directives to the operations of a departmentally owned vehicle. In addition to existing Police Department policy, town ordinances, and state laws, and the guidelines set forth in this policy must be observed by all members of the Police Department. Officers will not operate any Police Department vehicle if they have been taking restrictive prescription medicine or are under the influence of any alcohol. (Refer to SOP 2-4.03 - 2-4.06).
      (3)   The vehicle may be operated only by the assigned officer, police reserves, or a mechanic. Vehicles will be permitted outside the limits upon approval from the Town Marshal, or his or her designee. This includes any school or official business to be attended by Police Department members. Officers must have their vehicle radio on, approved firearm, handcuffs, identification, and clip on badge at all times when operating the vehicle. Officers must assist with any incident or situation requiring immediate action, e.g., the giving of first aid, standing by a hazardous scene until other officers arrive, or the commission of a felony or other serious offenses with due regard.
      (4)   Officers must be dressed in an appropriate manner when operating the vehicle. Attire should be sensible in nature and not to cause embarrassment to the Police Department. Shirt and shoes must be worn at all times.
      (5)   Officers are responsible for maintaining the entire vehicle in a clean condition and will ensure the vehicle receives preventative maintenance as scheduled. The vehicle will be inspected every 30 days by the Town Marshal and an inspection form will be filled out and placed into the vehicle record. Vehicles must have preventative maintenance every 3,000 to 4,000 miles at the Police Department services center, and should be serviced, fueled, and washed during on-duty time. No overtime will be given for preventative maintenance, washing, or fueling of take-home vehicles. Any services work outside of preventative maintenance shall be made by a maintenance request and approved by the Town Marshal.
      (6)   Officers are responsible for obtaining and maintaining the equipment and supplies required by written directives for the vehicle. An officer may install additional equipment but, must not interfere with the operation of the air bag system. All equipment additions or modifications will be requested in writing and approved by the Town Marshal prior to installing the equipment in the vehicle.
      (7)   The sworn police officer is financially responsible for all negligent damages to the take-home vehicle while it is parked at the officer’s place of residence. Officers leaving town for one week or more will secure the take-home vehicle at the Police Department.
      (8)   If an officer is suspended, it is the Town Marshal’s responsibility to secure the vehicle at the police station until the suspension is no longer in effect.
      (9)   If the vehicle must be taken out of service, the Town Marshal will be contacted and arrangements will be made for a commission to be used. The take-home vehicles may be taken away temporarily or permanently for failing any component of inspection or any violation of the Police Department. The Town Marshal may reassign the use of an issued take-home vehicle on a temporary or permanent basis.
(Ord. 2020-26, passed 1-12-21)