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Human Resources Division Section 808.40
Policies and Procedures Manual Page 1
808.40 SUBJECT: JUDICIAL PROCEEDINGS
:1 OBJECTIVE:
Define the City’s leave and pay policy concerning employees called to attend judicial
proceedings.
:2 AUTHORITY:
This procedure approved by City Council May 10, 2010.
:3 DIRECTION:
Human Resources Division Manager, as an appointed official, serves at the pleasure of
the Mayor, and receives direction through the Chief Administrative Officer (CAO) or
designee.
:4 METHOD OF OPERATION:
A. Judicial Leave
1. The employee shall be entitled to receive compensation at the employee’s
hourly rate for “authorized attendance” at any of the following Judicial
Proceedings which occur during the employee’s regular work shift or as a
result of employment:
a) Jury Duty.
b) Criminal proceedings where the employee is not the defendant.
c) Civil proceedings where the employee is required to attend as a result of
his/her employment with the City, except cases in which the employee is
the plaintiff.
d) A judicial proceeding at which the City calls the employee as a witness.
2. Employees, while in attendance at proceedings under (a) and (b) above, shall
only be compensated for time in attendance at the judicial proceeding which
coincides with normal scheduled work periods(s); however, if employees are
required to attend a proceeding under (b) and said attendance occurs as a result
of employment with the City, they shall be compensated for all such time in
attendance. Employees who are called to present court testimony pursuant to
(c) and (d) above shall be paid at their regular hourly rate for all court
appearances.
3. “Authorized attendance” means attendance at any action, trial, hearing,
deposition or proceeding, whether civil, criminal, or administrative, for which
an employee is compelled to attend by summons, subpoena, rule to show
cause, motion to appear, or otherwise requested to attend for the benefit of the
City, as determined by the City Attorney’s Office.
B. General Provisions
1. This procedure shall be applicable to all City employees, except those in a
collective bargaining unit, if their contract is in conflict with this policy and
procedure. Additionally, temporary and seasonal employees will only be
Chief Administrative Officer
Human Resources Division Section 808.40
Policies and Procedures Manual Page 2
covered under this policy in situations where they are required by the City to
attend a judicial proceeding.
2. Employees working other than the normal day shift (8:00 a.m. – 5:00 p.m.)
may have their shift changed at the supervisor’s discretion to coincide with the
judicial proceeding’s hours of attendance during the leave period.
3. Any employee who is legally obligated to attend a judicial proceeding shall be
granted time off charged to accrued personal leave, other compensable time, or
excused absence without pay if the time is not covered under “judicial leave”.
Excused absence without pay will only be granted to employees who do not
have other appropriate leave available. Employees are required to notify their
supervisors as far in advance as possible when they will be absent, but in all
cases not later than one (1) working day after receipt of notice and shall submit
the summons notice or, if one has not been issued, other appropriate evidence,
to their supervisor for authorization. The supervisor will retain a copy of the
subpoena or other document including the Leave Request Form.
4. Employees released from a judicial proceeding shall return promptly to their
work site; provided, however, that they shall have at least two (2) hours
remaining on their work shift upon their return.
5. The employee’s time spent on judicial proceedings will be shown on the
payroll as JP (Judicial Proceedings).
6. Employees shall be allowed to retain any monies received from a Judicial
Proceeding except those employed, including civilians, by a law enforcement
agency who testify in an official capacity in a State court proceeding as a direct
result of their employment and if appearing during time compensated as a part
of the employee’s normal duties.
:5 FORMS:
None.
:6 COMMITTEE RESPONSIBILITIES:
None.
:7 REFERENCE:
Procedure Section 708.40, approved by City Council July 28, 1975, Item 19, rescinds in
entirety the provisions for jury duty as stated in City Council minutes of January 20,
1960. Procedure amended by City Council October 10, 1977, Item 10; procedure
renumbered to 808.40 and amended December 29, 1980, Item 25; mended October 9,
1989, item 20, A-26; amended September 15, 2003; re-formatted only April 2004;
amended May 10, 2010, Item A-2.
:8 EFFECTIVE DATE:
This procedure effective May 10, 2010.