61096521.pdf

\n\n--- Page 1 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER TITLE ACCREDITATION Court Notification/ Attendance Procedures 26.1.1 PRIOR REVISIONS 01/21/02, 05/21/03, 08/10/04, PROPONENT UNIT 12/03/08, 03/31/15, 02/16/21 Administrative Service Bureau- Court Liaison ATTACHMENT: 1 OT Court Form NUMBER ISSUE DATE REVISION DATE TOTAL PAGES 40.15 07/01/98 09/09/2024 10 I. PURPOSE: This Order provides members with information regarding the court notification and attendance process. II. POLICY: Because the outcome of criminal and civil court proceedings is greatly influenced by the testimony and behavior of law enforcement members, the Gainesville Police Department (GPD) shall establish a set of policies and procedures to ensure that members prepare for, attend, and exhibit a professional demeanor and attitude at court proceedings. III. DEFINITIONS: Court Appearance: Any appearances at official court proceedings, administrative proceedings, depositions, the giving of testimony before a local (city/county), federal or state prosecuting attorney or any attorney representing the City of Gainesville or Gainesville Police Department. Approved Leave: For the purposes of this order, leave is defined an absence related to; military orders, FMLA, training, or vacation that has been approved by your supervisor. IV. PROCEDURE: A. Coordination: The GPD Court Liaison shall be responsible for receiving, coordinating, and arranging job-related depositions and court appearances for Department members. To ensure the proper and timely deliverance of subpoenas, the following procedure will be followed: 1. Requests: When external parties need to subpoena Department members for criminal or civil court appearances, they shall submit their requests through the GPD Court Liaison. 2. Subpoena Service Exceptions: There are circumstances (some are defined by FSS 48.031) in which the Court Liaison cannot accept subpoena service for the member. Such exceptions include: 1\n\n--- Page 2 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER i. A subpoena for a “rule to show cause” hearing. ii. A subpoena for a civil suit in which the member is named as a defendant. iii. A subpoena for a court appearance that is less than 5 days from the date of service unless it involves a pretrial detention hearing appearance. iv. A subpoena for a witness who is not scheduled to work prior to the date the witness is required to appear. v. A subpoena for any member who is on FMLA or Military leave. vi. A subpoena for any member who is separated/no longer employed by GPD. 3. Notification: The Court Liaison will notify each individual of their required court appearance via email to the member’s GPD email address. 4. Member Responsibility: A member must acknowledge the electronic notifications of court appearances sent by the Court Liaison. This includes accepting and/or acknowledging a calendar invite as well as selecting “yes” when asked to send a “Read Receipt”. Should a department member be served directly they shall provide a copy of the subpoena to the Court Liaison. Should the Court Liaison refuse service of a subpoena, an attorney may attempt to serve an officer directly; in the event the subpoena is delivered to the officer personally they are to provide the original subpoena to the court liaison. 5. Supervisor Responsibility: The Court Liaison may contact the member’s supervisor if the member has not acknowledged the notification. The member’s supervisor(s) shall be responsible for ensuring the member acknowledges the notification. 6. Scheduling Conflicts: The Court Liaison does not have the authority to release anyone from a subpoena without permission from the issuing authority. 2\n\n--- Page 3 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER i. Requesting a Change: a. When there is a schedule conflict, members are to first go through the Court Liaison. The Court Liaison will either attempt to reschedule or direct members to contact the issuing authority to resolve conflicts. If a member resolves the conflict with the issuing authority, they must notify the court liaison. b. Members are not released from the subpoena until the Court Liaison receives written notice from the issuing authority that the member has been released. 7. Court Calendaring: Members are required to use Workday to inform the Court Liaison of their leave, unavailability, or other approved time off. Scheduled leave will not automatically excuse a member from a court appearance. i. Members shall not schedule leave during a known scheduled court appearance. ii. Members must identify in Workday, Regular Days Off (RDOs) that are contiguous to leave, by using the “unavailable” option when they are unable to attend court appearances during that time period. iii. Members are encouraged to enter in the notes section of their leave or unavailable entry if they will be out of town or out of the country. iv. Members shall not show RDOs as unavailable for court unless the member has approval from a supervisor to do so. 8. Appearances: i. Mandatory Attendance: Members are required to attend court appearances. ii. Punctuality: Members are required to arrive to their court appearance at the subpoenaed time. iii. Tardiness and Absences: When a member will be late for a court appearance, the member shall contact the Court Liaison as far in advance as possible and provide a best estimate for their arrival. If a member will not be able to attend a court appearance, they shall notify the Court Liaison no less than one hour from the time of the appearance, so that any involved 3\n\n--- Page 4 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER parties with the court appearance can be notified. Unexcused tardiness/absences or patterns of tardiness/absences to court appearances may be subject to corrective and/or disciplinary action. a. Members who call in sick (to work) shall not rely on their supervisors to notify the Court Liaison unless the supervisor clearly states that he/she will make the notification. b. Duty Assignments: Members who are en route to a court appearance on duty, on a call for service, or other emergency that prohibits them from reporting shall: 1. Call for relief, when possible, and 2. Notify the Court Liaison of the situation, and the estimated time of delay. When the member is able to clear, they shall contact the Court Liaison to check on the status of the scheduled appearance. 3. Documentation: When a member fails to appear for a court appearance it shall be documented by the member in the form of an e-mail to the Court Liaison. The e-mail shall state the reason they were unable to attend. 9. Telephone Subpoenas: For telephone testimonies, members shall contact the attorney listed on the telephone subpoena at the assigned time. i. If the attorney is not available at the assigned time but will be available within one hour, the telephone appointment shall be completed with no additional subpoena required. ii. If the attorney is unavailable for more than one hour from the assigned time, a new telephone appointment shall be established through the Court Liaison and a new subpoena will be required. iii. Civil Subpoenas: Members subpoenaed for a civil case arising from an action pertaining to their employment shall, notify the Department’s Legal Advisor and the Court Liaison within three 4\n\n--- Page 5 ---\n\nGAINESVILLE POLICE DEPARTMENT GENERAL ORDER days or their next working day (whichever is sooner) of becoming aware of the civil action. iv. Officers served shall provide a copy of the court document, as soon as possible, to the Department’s Legal Office so that the case may be reviewed in a timely manner. v. The City Legal Office will coordinate scheduling the member through the Court Liaison. vi. Any testimony regarding other civil cases against the City/GPD/Officer that do not require a subpoena are still required appearances. The court liaison will coordinate with the City Attorney, and notify the officer of the “app