(A) General vehicle policies.
(1) The county may assign employees a county vehicle, or in the alternative pay for operation of employees’ personal vehicle, to conduct county services. County vehicles are divided into three categories: Sheriff vehicles, Highway Department vehicles, and civilian vehicles. For purposes of maintenance, the Sheriff and Highway Departments will have separate maintenance policies. The civilian vehicles will follow the maintenance policies contained in this section. Employees who drive county vehicles and/or whose position involves driving a county vehicle, at any time, shall be subject to this section. It is recognized that the Sheriff and Highway Departments will have additional vehicle policies based upon their individual department needs.
(2) Anyone who is in violation of traffic laws resulting in a suspended driver’s license shall not drive a county vehicle, and shall be subject to administrative review of any status change in their driver’s license and coverage by the county’s insurance company.
(3) A human resources representative shall be notified when a county employee whose job may involve driving a county vehicle receives a ticket, or is charged with a crime resulting from the operation of a personal or county vehicle. It is not necessary to notify a human resources representative of personal parking tickets or other non-moving violations unless the violation results in suspension of an employee’s driver’s license.
(4) It shall be an employee’s responsibility to inform the administrator at the beginning of the next work day of any change in driver’s license status. Failure to inform shall result in disciplinary action up to, and including, termination.
(B) General vehicle safety rules.
(1) Authorized personnel driving county vehicles are responsible for the safe use of the vehicle. Supervisors and administrators are responsible for enforcing the general safety rules.
(2) All occupants of county-owned vehicles, or any vehicle used on county service, must wear seat belts when provided. This includes business travel during non-working hours.
(a) Wearing seat belts means properly using the complete safety belt system available in the vehicle.
(b) County vehicles with defective safety belt systems may not be used until repaired. Employees must report defective vehicles to supervisors.
(3) If a driver feels fatigued or incapable of safely operating a vehicle, he or she must request relief from a supervisor.
(4) All ignition systems must be turned off while refueling. Smoking is also prohibited while refueling.
(5) No operator shall carry loose tools and equipment, or allow debris to accumulate on the floor of any vehicle. Under no circumstances may tools or equipment be carried on the seat or window ledge of any vehicle.
(6) No animals are allowed in a county vehicle without the permission of the department head. This rule does not pertain to public safety and/or service animals.
(7) Smoking in a county vehicle is prohibited.
(8) Avoid cell phone use while the vehicle is in motion whenever possible. Texting and laptop use is prohibited while the vehicle is in motion.
(9) Stopping on the highway should be avoided. When it is absolutely necessary to stop on the highway, cautions shall be used. Warning lights and signals shall be used.
(10) All employees or authorized operators are prohibited from driving county vehicles unless they possess a valid driver’s license.
(11) Any authorized driver, or passenger, in a county vehicle possessing substances or narcotics that are illegal or controlled under federal or state laws, or alcoholic beverages, in a county vehicle, or being under the influence of those substances while in a county vehicle, will be subject to disciplinary action, up to, and including, termination. This policy applies to any personally-owned vehicle when it is being used for county business.
(C) Vehicle acquisition.
(1) There is the inherent need for the county to secure vehicles and equipment for the performance of assigned duties. At the same time, the administrators are tasked with providing transportation at the lowest cost to the county. An administrator is required to provide written justification to accompany a request for a new vehicle. Vehicle purchase approval decisions by the Board of Commissioners will be made based upon the department’s response to the following justification questions:
(a) What is the intended use of the vehicle and the daily functions it must perform?
(b) What is the anticipated average monthly mileage of official use?
(c) What is the vehicle type requested, and what is needed (specifications) to perform the job which it is intended?
(d) What funds are budgeted for the vehicle purchase?
(e) Will this vehicle purchase replace an existing vehicle, or add to the county fleet? If replacing an existing vehicle, specify the vehicle to be replaced. If the purchase expands the fleet, the administrator must provide compelling justification for the addition to the fleet along with the written request.
(f) What considerations have been given to consolidating vehicle use? Can one vehicle be used to accommodate two or more needs?
(g) Is the administrator replacing a vehicle with less than 100,000 miles? The Board of Commissioners requires a vehicle to have 100,000 miles before replacement, unless mechanical problems require the vehicle to be replaced earlier. If replacing a vehicle with less than 100,000 miles, documentation of the history of mechanical problems that justify the vehicle being replaced is needed.
(2) Civilian-fleet vehicles will be purchased by the individual the Board of Commissioners appoint as the fleet manager. Sheriff vehicles will be purchased by the Sheriff’s fleet manager, and the Highway Department vehicles will be purchased by the Highway Superintendent. Generally, new vehicles will be purchased using the State Department of Administration Procurement Division’s Vehicle Quantity Purchase Agreements (QPAs). If a fleet manager is able to obtain a quote below the QPA for a vehicle that meets the same specifications, the fleet manager may purchase the vehicle from another source. Larger trucks and other road equipment will need to be purchased through a bid process as prescribed by the state bid regulations. Leasing vehicles is not preferred, but if an administrator can demonstrate significant savings, and provide written justification of savings, a lease will be considered.
(D) Vehicle assignment; take home. The County Board of Commissioners have the discretion to decide whether a take home vehicle should be assigned to an employee. Generally, it is the policy of the county to prohibit take home vehicles. For employees to be assigned a take home vehicle, the administrator must show that the duties of the employee meet one of the following criteria:
(1) In the case of an elected county official, it shall be shown that the duties of the office require driving about the county in the performance of official duty;
(2) In the case of a department head, a take-home vehicle may be a part of his or her compensation packet and, if a department head currently receives this benefit, he or she will continue to do so. Any person hired to fill the position of a department head does not have a guaranteed use of a take home vehicle. The County Board of Commissioners will decide if a new department head is to receive the use of a take home vehicle as a part of his or her compensation packet;
(3) In the case of employees, it must be shown that the major portion of the duties assigned to the employee must require travel on county business in excess of 500 miles each month, or that the vehicle is identified by the department as an integral part of the job assignment. In addition, at least one of the following criteria must be met for the vehicle to be taken home:
(a) The job requires an employee to be on call on a recurring basis beyond normal duty hours, and when called out, requires immediate travel from a residence to a location where specific skills, services, tools, equipment, or supplies are necessary to perform the job;
(b) The job involves leaving directly from home to variable work sites, in which travel to a central location to obtain a county-owned vehicle would result in significant amounts of unnecessary travel time and loss of productive hours; and/or
(c) The employee is a law enforcement officer or a public safety emergency responder.
(4) In the case of a take-home vehicle, the county vehicle insurance policy does not cover medical costs for family members injured in an accident. If an employee allows family members to ride in a county vehicle, the risk of paying for medical expenses transfers to the family for all members except for the employee. Lack of medical coverage applies to any family member who rides in a county vehicle, including a law enforcement officer.
(E) Vehicle operation.
(1) County employees, or authorized operators, may operate a county-owned, leased, or rented vehicle. All county employees, or authorized operators, who operate a county vehicle must:
(a) Possess a valid state driver’s license appropriate to the type of vehicle to be driven. The driver’s license must not be suspended or set to expire before the county employee is expected to complete his or her travel; and
(b) Be conducting official business on behalf of the county. Law enforcement personnel are exempt from this restriction.
(2) Volunteers and interns are authorized operators of county-owned, leased, or rented vehicles, provided they are approved to drive the vehicle by the administrator.
(3) The following individuals may ride as passengers in a county vehicle:
(a) A county employee(s) conducting business on behalf of the county;
(b) A passenger transported by a law enforcement officer;
(c) A non-county employee who is an independent contractor, an intern, or a volunteer conducting business on behalf of the county. A non-county employee includes state, federal, town, or city employees who are working with a county employee, or other authorized operator of a county vehicle;
(d) A resident of Cypress Manor (county home);
(e) A citizen, a vendor, or any person who has official business with the county; and
(f) A family member of an employee assigned a take-home vehicle, however, in the case of an accident, the medical cost for a family member is not covered by the county vehicle insurance policy.
(F) Authorized use. County vehicles may only be used for tasks outlined below. Law enforcement vehicles are exempt from these restrictions:
(1) Travel between the place where the county vehicle is dispatched, and the place where the official county business is performed;
(2) When on official travel status, travel between the place of county business and a place of temporary lodging, or for obtaining food;
(3) Travel between the places of performance of county business to an employee’s personal residence when authorized by an employee’s administrator. A county employee may park a county vehicle overnight at the employee’s residence if:
(a) The vehicle is assigned as a take-home vehicle;
(b) For pool vehicles, when the employee’s home is located a significant distance from the vehicle pool location, and such retention would result in a savings in time and distance traveled;
(c) Travel to the place of performance of county business must begin too early in the morning to allow for the employee to secure a county vehicle before departing that day; and/or
(d) The employee returns from the place of performance of county business too late in the day to return the county vehicle that day.
(4) For take-home vehicles, for purposes of commuting between residence and place of work, and for routine de minimis (minor) personal use between work and home; and
(5) County vehicles may be driven outside of the county to conduct business. A vehicle cannot be driven outside the state without the express approval of the administrator.
(G) Unauthorized use. County vehicles may not be used as outlined below, except for de minimis (minor) personal use (such as a stop for lunch while traveling on county business). Law enforcement vehicles are exempt from these restrictions:
(1) Any use for personal purposes, other than travel to the employee’s personal residence which has been authorized by the County Board of Commissioners;
(2) Travel or tasks that are beyond the vehicle’s rated capability or capacity;
(3) Travel outside of the state, unless authorized by the administrator;
(4) Transportation of pets, livestock, domestic, or wild animals except in the conduct of official county business;
(5) Transport of cargo that has no relation to the performance of official county business;
(6) Transport of acids, alcohol, explosives, weapons, ammunition, or highly flammable materials, except in the course of official duties. Transport of these restricted items must be in compliance with all applicable local, county, and federal laws;
(7) Transport of any item or equipment projecting from the side, front, or rear of the vehicle in a way that constitutes an obstruction to safe driving, or a hazard to pedestrians or other vehicles;
(8) Engaging in any activity that would impede the safe operation of the vehicle;
(9) Unreasonably extending the length of time the vehicle is in the employee’s possession beyond that which is required to complete the official purpose of the trip;
(10) Operating a county vehicle without a valid driver’s license, or while said license is under suspension or revocation;
(11) Smoking while in a county vehicle;
(12) Adding any non-county issued devices, appliances, radios, antennas, seats, or other after-market equipment to a county vehicle including, but not limited to, radar detectors, CB radios, satellite radios, fixed mount GPS devices, or speakers to a county vehicle. Exemptions must be approved in writing by the administrator;
(13) Removing or disabling any item from a county vehicle that was either installed on the vehicle by the manufacturer or by the county, including, but not limited to, cruise control, air bags, seats, seat belts, speakers, or in-vehicle communication subscription equipment; and
(14) Administrators have the authority and responsibility to restrict county employees from operating county vehicles when the employee has a history of being an unsafe or irresponsible vehicle operator.
(H) Employee responsibility for vehicle use.
(1) Employees are expected to use county vehicles in a responsible manner, and within the bounds of all traffic and parking laws. The vehicle operator must pay any towing, storage, parking, or traffic fines resulting from the operator’s violation of existing laws or ordinances while operating a county vehicle. The county will not reimburse the operator for any such fines.
(2) Damages, or other financial assessments, related to county vehicles that, after official agency review, are determined to have been the result of the driver’s poor judgment, irresponsibility, negligence, or violation of these rules may be charged to the employee. Such charges or assessments may include, but are not limited to, tow charges, damage to the vehicle, and all traffic and parking violations.
(3) Employees shall be responsible for checking the county vehicle before operation to ensure that the vehicle lights, turn signals, brake lights, and other safety equipment are functional on the county vehicle.
(4) Employees are to lock the doors of county vehicles when the vehicle is not in use.
(5) Employees are not to drive any county vehicle with damages or defects which make the vehicle unsafe for operation.
(6) The use of cellular phones while driving is strongly discouraged. If a cell phone must be used while driving, employees should pull over to the side of the road at the safest opportunity, or pull into a rest stop or parking lot and stop the vehicle.
(I) Vehicle operation risk.
(1) There are four general vehicle damage scenarios when an employee is using a vehicle for county business.
(2) Below is a summary of those scenarios, as well as information specific to who is responsible for payment.
(a) If a county vehicle is damaged when the county employee is at fault, then the agency pays for the repair. The other driver must file a tort claim, which is reviewed by the County Board of Commissioners. The Board will review the claim, and determine whether to pay for damage or injury from the tort claim fund.
(b) If a county vehicle is damaged when a non-county employee is at fault then the county insurance provider will pay for repairs and seek reimbursement from the third party insurance provider.
(c) If a personal vehicle is damaged when a county employee is at fault, then the employee shall file a claim with his or her own insurance carrier, and must pay his or her deductible. The other driver must file a tort claim with the County Board of Commissioners. The Board will review the claim and determine whether to pay for damage or injury from the tort claim fund.
(d) If a personal vehicle is damaged when a non-county employee is at fault, then the employee must file a claim with the other driver’s insurance carrier to his or her own insurance carrier, and pay his or her own deductible. The employee’s insurance carrier has the ability to subrogate.
(J) County and county employee risk; personally-owned vehicles.
(1) Every person operating a motor vehicle on the public streets and highways of the county is statutorily required to maintain minimum insurance (see I.C. 9-25-4-5). When an employee drives his or her personally-owned vehicle (POV) for county business, the employee is eligible for reimbursement from the county. The County Council, being responsible for establishing the rate for reimbursement, has chosen to use the current State Mileage Reimbursement Rate, as set by the State Department of Administration.
(a) The County Council may adopt a different reimbursement rate for individual departments based upon need, or may adjust the entire reimbursement rate if the County Council determines it is necessary.
(b) The county’s mileage reim-bursement is provided to cover terms such as depreciation (or lease payments), maintenance and repairs, tires, gasoline (including all applicable taxes), oil, insurance, and license and registration fees. Therefore, the county does not take on the liability of the county employee’s personal vehicle because the cost is incorporated into the per diem the county pays the employee for driving his or her POV.
(2) When a county employee drives his or her POV within the scope of employment, and is involved in an accident, the county employee is generally immune from a lawsuit brought by a passenger in his or her car, or any other injured third party (see I.C. 34-13-3-3). If the county employee is injured, the employee can file a workers’ compensation claim but may not sue the county; recovery is limited to the workers’ compensation settlement. However, the employee may independently pursue a claim against a third party driver.
(3) If a non-county employee passenger is injured while riding with a county employee in a personal vehicle during the course of county business, and some fault is placed upon the county employee, the passenger would have a proper tort claim and would have to file a claim under the Tort Claim Act to be reimbursed for injury or damage. If the county employee was sued for the incident by a passenger or a third-party driver, the county would provide a defense. However, damage to the county employee’s vehicle would not be covered by the Tort Claim Act through his or her own insurance carrier.
(K) Vehicle accident. In case of a vehicle accident while on county business:
(1) Call 911 and then the department administrator;
(2) All county vehicle accidents, which occur in the county, are to be investigated by the County Sheriff’s Department;
(3) All county vehicle accidents which occur outside of the county are to be investigated by the agency of jurisdiction at that time;
(4) The employee must make no comments as to fault or liability. If a claim results, the employee must respond to law enforcement authorities, or someone hired by the county to investigate the accident;
(5) Obtain the name, address, phone number, driver’s license number, vehicle license plate, insurance company, and policy number of all involved drivers;
(6) Obtain the name, address, and phone number of witnesses and passengers;
(7) Complete and submit a county vehicle accident report as soon as possible. Reports are available through the human resource department;
(8) Obtain or take photographs of the accident;
(9) If a county vehicle needs to be towed, every effort should be made to have the vehicle towed to the nearest county facility in lieu of a private storage facility; and
(10) An employee will be required to submit to an alcohol and/or controlled substance testing if the employee is:
(a) Involved in an accident resulting in loss of human life, or receives a citation concerning an accident which requires either medical treatment away from the scene, or a vehicle is towed from the scene;
(b) An alcohol test should take place within two hours, but no more than eight hours, following the accident. A controlled substance test must take place within 32 hours after the accident; and
(c) An employee shall follow the instructions from his or her administrator or designee supervisor, or law enforcement officer, to complete required testing. The testing procedures and testing sites are available at the human resources department, or from the fleet manager.
(L) Vehicle theft procedures. In case of vehicle theft, the employee should:
(1) Notify the appropriate law enforcement agency. Record the attending officer’s name and badge number;
(2) Obtain the name, address, and phone number of any witnesses; and
(3) Notify the department administrator.
(M) IRS requirements for employer-provided vehicles.
(1) The Internal Revenue Service requires payroll tax withholding and compensation reporting (W-2) for employees using county-owned vehicles for non-business or commuting purposes. These employees must report the number of days the vehicle was used for commuting during each payroll period.
(2) The amounts used in this section are current as of the publication of this policy. These amounts are set by the Internal Revenue Service and are subject to change. The IRS policy defines three different classifications of vehicles used by county employees:
(a) No personal use (no take-home vehicle policy);
(b) Commuting use (take-home vehicle policy); and
(c) Allowable personal use (take-home vehicle policy, plus personal use).
(3) The rules for each policy choice are explained in divisions (N), (O), and (P) below. Any penalties incurred by the county for non-compliance with these provisions are considered to be the employee’s responsibility. An administrator may cause undue expense to his or her employees, from the Internal Revenue Service, if compliance is not enforced.
(N) No personal use; no take-home vehicle policy.
(1) Under the no personal use policy, employee use of a county-owned vehicle will be considered non-taxable to an employee, provided the following conditions are met:
(a) The vehicle must be owned, or leased, by the county and provided to one or more of its employees to be used in connection with county business;
(b) When the vehicle is not being used for county business, it must be kept on county premises, except when it is temporarily elsewhere for repairs or maintenance. There may be situations that the administrator might waive this requirement. The administrator must provide a written statement for the wavier; and
(c) The employee is prohibited from using the vehicle for personal use except for a de minimus use (such as a stop for lunch between two business deliveries).
(2) The adoption, and the adherence to, this no personal use policy, as described in division (N)(1) above, will be sufficient substantiation to the IRS that the use of the county vehicle is exclusively for county business.
(O) Commuting use; take-home vehicle policy.
(1) Under this policy, the value of a vehicle to an employee for commuting use is calculated by multiplying each one-way commute (that is, from home to work, or from work to home) by $1.50. If more than one employee commutes in the vehicle, this value applies to each employee. This amount must be included in the employee’s wages. See division (D) above for those employees who may receive a take-home vehicle.
(2) An employee with a commuting use vehicle may stop by a store, restaurant, or other establishments to conduct personal business when he or she is traveling to and from work. An employee is prohibited from using a commuting-use vehicle for other personal business; however, a take-home vehicle may be used for routine de minimus personal use between work and home.
(3) The Internal Revenue Service has established that the commuting use is a taxable benefit to the employee. Employees are required to maintain records and report on the number of one-way commutes between the employee’s home and place of work for each payroll period.
(P) Allowable personal use; take-home vehicle policy, personal use. As a policy, there are no take-home vehicles used by county employees that are classified by the IRS as allowable personal-use vehicles. All take-home vehicles used by county employees are classified as commuting-use vehicles, with the exception of law enforcement officers.
(Q) Maintenance of civilian fleet.
(1) All employees assigned a vehicle in the civilian fleet will have their vehicles maintained by the fleet manager, as established by the County Board of Commissioners. Currently, the fleet manager is the Sheriff’s fleet manager. Maintenance and repair of the civilian-fleet vehicles will be done at the Sheriff’s Department garage, or at another facility determined by the fleet manager. The fleet manager will establish a maintenance schedule for all civilian-fleet vehicles. Generally, a civilian-fleet vehicle will be scheduled for maintenance every six months. The fleet manager will send an email reminder to the employee assigned to the vehicle and his or her administrator. It is the responsibility of the employee to take the vehicle to the garage for maintenance at the appropriate time, and it is the administrator’s responsibility to ensure that the employee complies. The failure to properly maintain the vehicle will result in the loss of the use of the vehicle.
(2) All employees assigned to a vehicle are responsible for keeping the vehicle washed and clean inside. Vehicles can be washed at the Sheriff’s Department garage. It is the responsibility of an administrator to manage his or her employee to ensure compliance with the vehicle policies.
(Res. 11-07, passed 12-13-2011)