FARMINGTON — After months of debate between the Sheriff’s Office and county leaders, commissioners voted Tuesday to approve policies on use of vehicles by the Sheriff’s Office and county employees.

The discussion was related to the Sheriff’s Office and began in December when the auditor said the existing policy violated the Internal Revenue Service’s fringe benefit statute. The main issues with the Sheriff’s Office policy were personal use and allowing families in police cruisers.

County Administrator Amy Bernard cited liability if family members are in a cruiser and something happens, and personal use being taxed under the IRS fringe benefit tax rule.

Sheriff Scott Nichols Sr. and other administrators in his office said the sheriff has control over what the deputies do and the IRS exempts law enforcement from certain parts of the fringe benefit tax rule.

The Sheriff’s Office had a vehicle-use policy in place.

A compromise was reached, allowing deputies to use cruisers for personal activities if they are related to deputy duties such as training, physical fitness and firearms instruction.

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The policy adopted by commissioners prohibits any use of an assigned vehicle for “purposes related to outside employment or transporting family members.”

The policy allows department vehicles to be taken home to increase the safety and security of citizens of Franklin County, to provide quicker police response times to certain types of calls, and to increase the opportunity to apprehend criminals. It also increases community relations and promotes safety and security by having greater police visibility. And it reduces maintenance cost on vehicles in the fleet through individualized control and responsibility.

The policy outlines use by an off-duty deputy, which is restricted to occasional personal use and emergency use. An off-duty deputy may use the vehicle for occasional personal activities within the deputy’s assigned patrol area.

Whenever a deputy’s vehicle is used for unassigned travel by an off-duty deputy, the deputy shall be in either proper uniform of the day or attire approved by a supervisor and shall assume an on-duty status for communication and operational purposes. An off-duty deputy using a county cruiser for unassigned travel is responsible for the cost of fueling and maintaining the vehicle during such travel.


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