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City of Charlottesville, VA Fire Department
STANDARD OPERATING PROCEDURES


Organization

Chapter: IV - General Administration
Subject: Subpoena Policy
Code: 1-IV-6
Revised: 6-10-96

6.01  PURPOSE

      To  establish Fire Department policy and procedures in order to
      properly manage those situations affecting the fire  department
      where  its  members have been subpoenaed for court appearances,
      either in the course  of  their  employment  or  as  a  private
      individual.

6.02   POLICY

       A.  The  Fire Department shall operate in accordance with City
           of  Charlottesville  policies  and  procedures  concerning
           employees who have been subpoenaed for court appearance.
       B.  Members  who  are  served  a  subpoena  involving a matter
           directly relating to the course of their employment  shall
           notify  their  immediate  supervisor  and submit to same a
           copy of the subpoena.
       C.  Members who are served a subpoena as a private individual,
           which will require them to be absent from work in order to
           appear, shall notify their immediate supervisor and submit
           to same a copy of the subpoena.
       D.  Members  shall  be entitled to a leave of absence with pay
           while serving as a subpoenaed witness.
       E.  Members  who  are  required  to  appear  in  court on City
           related  matters,  during  periods  in  which  they  would
           normally  be  off  duty,  shall receive regular time and a
           half pay according to the amount of time involved.
       F.  The Deputy Fire Chief shall be notified, through channels,
           of Fire Department members who have been subpoenaed.
       G.  Fire Department members appearing in court, where the City
           is a  party  to  a  proceeding,  shall  wear  the  uniform
           specified by the Fire Chief.
       H.  Members shall pay over to the City any amount received for
           their  service  exclusive  of   travel   and   subsistence
           allowance.

6.03   RESPONSIBILITY

       All  members  who  are  subpoenaed are responsible to make the
       proper  notifications  and  act  in   accordance   with   Fire
       Department policies and procedures.

6.04   PROCEDURE

       A.  Members  who  are  served  a  subpoena  involving a matter
           directly related to the course of their employment  or  an
           individual  matter,  which  will  affect  Fire  Department
           scheduling, shall notify their  immediate  supervisor  and
           submit to same a copy of the subpoena.
       B.  The  Officer-In-Charge  shall  coordinate  and provide the
           necessary on duty coverage  for  suppression  members  who
           must appear in court.
       C.  The Deputy Fire Chief shall be notified, through channels,
           of any member who has been subpoenaed.
       D.  Members subpoenaed on City related matters shall appear in
           court wearing the uniform specified by the Fire Chief.
       E.  A request for leave of absence shall be processed whenever
           members are subpoenaed to appear  as  private  individuals
           during their regularly scheduled work hours.
       F.  The  involved  member  shall  keep  his  or her supervisor
           informed as to any information or changes which may affect
           Fire Department scheduling.
       G.  The  involved  member  shall  pay  over to the City monies
           received as payment for court appearances during on-  duty
           time  in  accordance  with  established policy (see policy
           3.02) at the end of the required service period.

Go BACK to Book One Contents page.

For Help using this system, send e-mail to:

Charles Werner (werner@ci.charlottesville.va.us)