The Town recognizes that certain employees are
required to be "on call" during off-duty hours. This policy is intended
to assure that these employees are able to have the vehicles at their
disposal necessary to fulfill the duties of their positions while
at the same time ensuring only those uses authorized by the Town are
permitted. Except as stated in this policy, the use of Town vehicles
while off duty is strictly prohibited.
A. Fire/EMS and law enforcement. Employees whose positions
require that they be available during off-duty hours to respond to
emergency calls may, with the prior approval of the Town Manager and
the Police or Fire Chief, use the Town's marked emergency response
vehicles while "on call" during off-duty hours. Marked emergency response
vehicles used during off-duty hours shall be used exclusively within
the Town's municipal boundaries, except that those employees who live
outside the Town's municipal boundaries may also use such vehicles
to travel to and from the employee's home and de minimis personal
use but for no other use outside the Town's municipal boundaries.
[Amended 6-15-2009]
B. Chief of Police. Due to the unique nature of the twenty-four-hour
supervisory responsibility of the Police Chief, it is understood that
the Town of South Berwick will continue to honor the past agreement
between the Town and the present Chief of Police. As a result, the
Police Chief is permitted to utilize the Town vehicle to monitor and
supervise the continuous police operation, thereby allowing the Chief
to utilize the Town vehicle for incidental personal use.
C. Code Enforcement Officer. The Code Enforcement Officer
is authorized to take home a Town vehicle to allow him/her during
off-duty hours to respond to emergency calls for service. Because
commuting to and from work is a taxable benefit under IRS regulations,
the commuting miles and de minimis personal use will be treated as
personal use and taxed as a taxable fringe benefit. Under IRS "Commuting
Only Rule," a three-dollar per-day noncash taxable fringe benefit
amount will be included in the employee's gross income, quarterly,
based on the number of workdays for the quarter. Any other personal
use of the Town's vehicles during off-duty hours is strictly prohibited.
D. Other pool vehicles. Except as stated in this policy,
Town employees shall not be permitted to use the Town's marked or
unmarked vehicles for any other purpose while off-duty.
E. Smoking. Smoking is not permitted in any Town-owned
vehicle.