FAIRHOPE, Ala. — Sixteen of the 42 municipal employees who have “take-home” vehicles live outside Fairhope’s police jurisdiction, including the city administrator who lives in Gulf Shores, and the assistant police chief who lives in Bay Minette, according to municipal records.

Section 8.10 of the city’s personnel manual states that “take-home” vehicles “are available only to employees living inside the City’s police jurisdiction.”

Those 16 employees would therefore be in violation of city law, unless an exception in each case was approved by the mayor in writing and adopted by the City Council, according to Section 1.04 of the City of Fairhope Personnel Rules, Policies and Procedures.

Last revised and adopted by the council on June 27, 2005, the manual is currently undergoing significant revision by the city’s personnel board, but the section involving take-home vehicles will not be changed, said the board’s chairman this week.

All but three of the employees who have take-home vehicles and live outside the police jurisdiction are police department employees.

“I didn’t know we had (that many) living outside the jurisdiction,” said police spokesman Sgt. Craig Sawyer, who said he believed Assistant Chief Terry Sanders had been granted an exception when he was hired by the city in January 2009, or shortly thereafter.

“They made an exception for him because he’s constantly on call,” Sawyer said. “When they hired him, and the issue of the take-home vehicle came up, I was told in a City Council meeting that he would have a take-home car.”

It could not be determined by press time whether Sanders had received a written waiver regarding the take-home vehicle personnel rule by Mayor Tim Kant that was then adopted by the council.

“I checked with Chief (Bill) Press and he said that all exceptions are approved by the mayor or council,” stated Sawyer by e-mail, responding to a question about police employees with take-home vehicles who live outside the police jurisdiction.

Information could also not be verified by press time regarding City Administrator Gregg Mims, and whether city procedures had been followed in his case regarding an exception to personnel rules. Mims stated this week that Kant had given him permission to have a take-home vehicle.

“Mayor Kant approved the use of my car as a take-home vehicle over two years ago,” Mims stated by e-mail Monday from Washington, D.C., where, according to city staff, he is attending the National League of Cites conference with Kant and City Councilwoman Debbie Quinn. “I am taxed for the take-home privilege annually. For tax year 2009, I will pay several hundred dollars for this benefit. In my position as city administrator, I am on call 24/7. I make myself available for contact concerning city issues seven days a week.”

Mims assumed his current position as the highest-ranking non-elected city employee last year; prior to that, he was director of the city’s planning department. The current director of the planning department does not have a take-home vehicle, according to city records.

City Treasurer Nancy Wilson said Monday that city employees with take-home vehicles do not file reimbursement expenses for gas for those cars but instead fill them up at the city-owned gas pumps.

“City cars fill up at the city pump,” Wilson said in response to a question whether employees are permitted to gas up their cars for purpose of commuting to and from work from their homes.

Wilson also stated that some employees are required to report additional income as a taxable fringe benefit to the IRS each year, when the vehicles are not “absolutely required” for the requirements of their job.

“Any time you use a company car for your personal benefit, that’s a taxable fringe benefit,” she said. “I have to add that on as taxable income. They don’t like it, but I do it anyway — because I have to.”

Information was not immediately available by press time regarding whether the city keeps records on the city gas pumps and the amount of gas used by each employee with a take-home vehicle.

“I do not believe that the take-home vehicle I am provided is unusual for my position,” Mims said. “A city administrator in a sister city in Baldwin County is paid approximately $600 per month as a car allowance. In my opinion, take-home vehicles are a policy decision of the mayor and council. I fully support whatever decision they make concerning this issue. I believe that public safety comes first, and I support take-home vehicles for all sworn police personnel. In addition, I believe that in order for the city of Fairhope to be competitive we should offer the take-home option for our police department.”

City Council President Lonnie Mixon stated by e-mail Monday that he was aware of the take-home vehicle issue, and that the Financial Advisory Committee “is having someone look into this and will make a recommendation to the council in the near future.”

Mims said in his e-mail that he would abide by the wishes of the majority of the mayor and council regarding his take-home vehicle and “regardless of their decision will serve the city of Fairhope.”