(A) For an employee that is assigned a take-home vehicle, no personal usage of the take- home vehicle, other than commuting, or de minimis personal use (i.e., a stop for personal errands on the way between a business-related stop and home) shall be permitted.
(B) Any employee assigned a take-home vehicle is required to commute in the vehicle except in exceptional, emergency circumstances or as permitted in advance by the Town Council.
(C) (1) Vehicles may be operated only by town employees who:
(a) Possess a current, valid Indiana operator's license appropriate for the vehicle;
(b) Carry personal insurance in amounts acceptable to the town (regardless of whether or to what extent the town's insurance may cover activities involving the town vehicle); and
(c) Meet any recommendations made by the town's insurance carrier.
(2) Employees must provide documentation confirming their license and insurance status upon first receiving a take-home vehicle and periodically thereafter upon request by the Town Council (or its designee).
(D) Employees must never operate a take-home vehicle under the influence of illegal drugs or alcohol and must comply at all times with applicable town policies, including without limitation the:
(1) Drug-Free/Alcohol-Free Workplace policy;
(2) Electronic communication systems (particularly the provisions governing GPS Data);
(3) Duty to report arrests, convictions and guilty pleas;
(4) Searches;
(5) Equipment use (particularly the Vehicle Use Policies subsection); and
(6) Schedules (particularly the provisions governing on-call schedules).
(E) (1) Employees shall not transport or permit as passengers in a take-home vehicle any persons other than:
(a) A town employee conducting business on behalf of the town.
(b) A contractor conducting business on behalf of the town
(2) Any exceptions to this passenger provision must be approved in advance by the Clerk-Treasurer or Town Manager. These passenger limitations and conditions apply regardless of whether the vehicle is being used for personal or town business.
(F) (1) Employees and authorized passengers are expected to observe all traffic laws and regulations, including Seatbelt usage and phone/device usage limits, while operating a take-home vehicle. Current Indiana law forbids texting/e-mailing while driving, and the town's policies impose further restrictions (specifically, cell phones and other electronic devices are not to be used while the vehicle is in motion except with, properly functioning and properly utilized hands-free accessories). See Employee Handbook, Equipment Use Policy (Vehicle Use subsection).
(2) Employees will be responsible personally for paying any tickets or citations received while operating a take-home vehicle, regardless of whether the vehicle was being used for personal or town business.
(G) All take-home vehicle incidents involving personal injury or property damage (to the take-home vehicle or any other property of the town or any other person) must be reported immediately in accordance with the "Accidents" policy. Employees involved in such incidents must promptly provide to the Clerk-Treasurer copies of any accident reports, citations, or other documents related to an incident.
(H) Employees will not operate or park their vehicles in such a way as to cause public criticism or nuisance.
(I) Employees are expressly prohibited from making any cosmetic or mechanical modifications to any take-home vehicle without approval of the Town Council. The town is at all times authorized to remove any or all modifications and is not responsible or liable for any costs or damage to non-town property associated with such removal. Employees may not affix or display stickers, decals, or emblems (other than the town logo), stuffed animals, toys, or other decorations on any take-home vehicle without permission from the Town Council.
(J) Unattended take-home vehicles are to be legally parked and locked at all times, except in emergency circumstances. Employees shall not leave sensitive information or public documents (other than reference material) in the vehicle while off duty.
(K) Employees provided a take-home vehicle are responsible for maintaining the vehicle's interior and exterior in clean condition and ensuring the vehicle receives preventative maintenance as scheduled. Vehicles must have preventative maintenance performed as directed by the Town Council and should be serviced, fueled, and washed during on-duty time. Unscheduled maintenance or repairs must be coordinated with the Town Council. All maintenance or repair is subject to existing town ordinances and policies related to spending limits/authorizations/approvals, and all documentation related to any maintenance or repair must be promptly submitted to the Clerk-Treasurer.
(L) Employees are responsible for maintaining securely and in good condition any town equipment or property stored or carried in a take-home vehicle, whether inside a cabin or other enclosure or in a truck bed. All items stored or carried in or on the vehicle must be visually checked weekly for signs of moisture, rust, corrosion, or other concern.
(M) The assignment of a take-home vehicle is considered by the Internal Revenue Service as a taxable fringe benefit that requires compliance with Internal Revenue Service Tax Code. Any permitted personal use must be logged accurately and submitted monthly to Clerk-Treasurer. The town will calculate and attribute personal use for purposes of inclusion in the employee’s W-2 in accordance with the guidance of the town’s financial/tax advisors. The town does not give tax advice to any employee and all employees remain at all times responsible individually for their own tax reporting and circumstances.
(N) Violations of this policy may result in revocation of take-home vehicle privileges as well as additional disciplinary action, up to and including termination of employment.
(Ord. 2019-06, passed 2-25-2020; Am. Ord. 2023-25, passed 12-27-2023)