FAIRHOPE, Ala. — The City Council introduced an ordinance this week that will seek to eliminate a provision from the municipal personnel manual restricting take-home vehicles to Fairhope’s police jurisdiction.

City Council Lonnie Mixon said the ordinance will lay over two weeks when a vote is expected on the measure at the April 26 meeting.

Although the issue had not been discussed publicly in an open meeting prior to Monday’s introduction of the ordinance, the council action would appear to be in response to a directive given last month by Mayor Tim Kant ordering all city supervisors to make sure employees in their departments are in compliance with the take-home vehicle rule by April 18.

Currently, more than 40 city employees have take-home vehicles and nearly half of those live outside the police jurisdiction, a few in cities such as Gulf Shores, Foley and Bay Minette. The city provides the gasoline or diesel fuel used by the employees in their take-home vehicles, including for their commute to and from their residence to work, no matter how far they live from Fairhope.

With a few exceptions, most of the city employees currently in violation of the take-home vehicle policy are police officers.

One notable exception is City Administrator Gregg Mims, who lives in Gulf Shores.

Last Friday, Mims sent an e-mail to Kant, stating he would comply with the current policy as of April 18.

“As we have discussed before, you approved the use of my vehicle for take-home use about two years ago,” Mims stated in his April 9 e-mail. “I am not sure about my status based on your previous approval and the memorandum you issued March 18.”

Kant told the Fairhope Courier recently that he did give Mims verbal permission to use his take-home vehicle in the past, but that he wanted him now to come into compliance with the policy.

Adopted by the council on June 27, 2005, the personnel manual states that “any change in these Personnel Rules … must be approved by the Mayor and adopted by the City Council.”

Mixon said last week that he did not believe that provision prevented the council from changing the take-home vehicle policy by the ordinance introduced Monday.

City Attorney Marion “Tut” Wynne did not respond to a request for comment regarding whether the rules could be changed by the council without following the procedure it adopted in 2005.

“Based on the ongoing confusion and the terms of the existing city ordinance, I will park my vehicle effective April 18, 2010,” Mims stated in his Friday e-mail. “I plan to use the city vehicle during work hours, after-hour meetings and city travel.”

After Monday’s council meeting, Chief of Police Bill Press said he did not intend to comply with the take-home vehicle policy, pending the upcoming vote on the new ordinance that would seek to change the personnel rule regarding that policy.

“It’s obvious we will maintain usage of the vehicles until the council finally approves it,” said Press, regarding what he believes will occur at the April 26 meeting. “Of course I’m also going to discuss that with the city administrator.”

Press said he took a different approach from Mims regarding compliance with the current policy based on public safety concerns.

“Yes, but he’s not public safety,” said Press regarding the city administrator’s position. “The difference of the two is if we need someone on an emergency, or if we just need someone to handle calls, I can still count on those people to handle those calls.”

Press also questioned Kant’s motives for raising the take-home vehicle policy.

“What this whole fallacy has been about is that the cars were previously approved by the mayor, and you can quote me on that,” Press said. “The mayor knew these cars were going out, and he decided to bring it to council because of whatever.”

Kant said recently that he only gave two exceptions to the take-home vehicle policy, and neither were for police officers.

Last year, Kant campaigned actively against the hiring of Press, as he did against the hiring of Mims as city administrator.

“My guys could be in Daphne and respond quicker, and be in Bay Minette and respond quicker, like (Assistant Chief) Terry Sanders, who is 37 miles away,” said Press, regarding why he does not plan to comply with Kant’s directive. “Our police jurisdiction is 88 square miles, so (Sanders) can actually be at a point quicker” than other police vehicles that are actually in the police jurisdiction. “Again, public safety is paramount.” Press added, “That’s why I’ve made my decision; whatever consequences fall on me, they fall on me.”

Mixon said last week that the new take-home vehicle ordinance could be discussed at the April 26 work session, which occurs immediately prior to the council meeting when a vote on the measure is expected.