Police Department Policy

14-02 - SUBPOENA DISTRIBUTION

Florida City Police Department

Policy Text
FLORIDA CITY POLICE DEPARTMENT 14-02 ADMINISTRATIVE DIRECTIVE Acknowledging/Receiving subpoenas and The mere acknowledgement of the escalation notices: All personnel are required to read their message in e-Notify does not acknowledge and departmental e-mail on a daily basis, except receive the subpoena or notice. It only informs when on leave. Accordingly, if the e-Notify interested parties that the supervisor is aware of system has sent an e-mail message indicating the unacknowledged subpoena/notice and will that an employee has a new subpoena or court address the situation with their subordinate. notice entered in the system, the employee will Supervisors will avoid allowing the escalation utilize the link provided in the e-mail message to feature of e-Notify to begin its process of login to their e-Notify account to acknowledge notification by regularly reminding their receipt of the subpoena or notice. Just reading subordinates to check e-Notify each work day as an e-mail message from e-Notify does not required. satisfy the requirement to acknowledge and When the escalation process begins, the first receive new subpoenas/notices via your e-Notify supervisor receiving the escalation notification account. will take one of the below steps to satisfy the Personnel also have the option of logging in process: directly to the e-Notify website to access their account and acknowledge/receive any new subpoenas/notices without checking email first. 1. The supervisor will instruct the It is recommended that this be done twice each employee to log onto e-Notify and work day. acknowledge the subpoena/notice. Escalation Notification: When a Or subpoena/notice is not acknowledged by an employee, the e-Notify system will issue a 2. The supervisor will acknowledge and reminder e-mail to the employee every three receive the subpoena/notice “with days. If an employee fails to acknowledge a exception.” Acknowledgement with subpoena/notice, e-Notify will escalate the exception requires the supervisor also notification to supervisors along the employee’s provide an explanation. chain of command. The escalation process will follow the following progression: As a last resort, and with the approval of the Major, the supervisor may acknowledge and • 9 calendar days before the scheduled receive the notice/subpoena on behalf of the date, escalation message is sent to employee and will personally hand deliver the employee’s immediate supervisor. subpoena/notice to the employee. Supervisors, who acknowledge and receive a • 7 calendar days before the scheduled subpoena/notice on behalf of a subordinate, will date, escalation message is sent to be accountable for adequate notification of the employee’s 2nd level supervisor. subordinate of the subpoena/notice. • 5 calendar days before the scheduled Checking In and Out of Court – When an date, escalation message is sent to employee appears at court or deposition in employee’s 3rd level supervisor. response to a subpoena/notice, the employee will be required to check in and out of court • 3 calendar days before the scheduled using e-Notify kiosks located at each of the 11th date, escalation message is sent to Judicial Circuit Courthouses and office facilities. employee’s 4th level supervisor. Once logged in at the e-Notify kiosk, employees will answer specific questions concerning the Page 2 FLORIDA CITY POLICE DEPARTMENT 14-02 ADMINISTRATIVE DIRECTIVE appearance they are checking in for. At the end If an employee submits a leave request via e- of the case proceedings, employees will check Notify that is approved prior to a out at a kiosk and again answer specific subpoena/notice being entered into e-Notify that predetermined questions related to the case. E- conflicts with the date/time of the approved Notify will also provide an appearance receipt to leave, e-Notify will automatically enter an print that will be attached to compensatory time acknowledgment exception to that or overtime documentation. subpoena/notice. In all cases, a supervisor will need to initiate phone contact with the court or When checking out of court on a case that was party issuing the subpoena/notice to resolve the set for trial or motion hearing and the case was conflict.

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