Police Department Policy

GO - 22003 - Garnishment - of - Wages - 110818

Sacramento Police Department

Policy Text
SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 220.03 Page 1 of 2 220.03 GARNISHMENT OF WAGES 11-08-18 PURPOSE The purpose of this order is to establish procedures for the processing of wage garnishments and notices. POLICY It shall be the policy of the Sacramento Police Department to process all wage garnishments as specified in this order. PROCEDURE A. DEFINITION GARNISHMEN T – Any legal or equitable procedure, judicial or non -judicial, through which the earnings of any individual are required to be withheld pursuant to Code of Civil Procedure Section 723.010 et seq. or any applicable, valid federal law, rule or regulation. NOTE: The term shall not include wage assignments or orders issued per Civil Code Section 4701 (ch ild support wage attachments), any spousal support order, order in the nature of support, or any assignment/garnishment based on any such orders issued by a court in a marital dissolution or related proceeding. B. GENERAL 1. The City shall, as required by law, a ccept and process wage garnishments. 2. Due to the additional administrative work involved in the handling of garnishments, Civil Service Board Rules provide that any employee against whom three (3) garnishments are served (for separate debts) shall be subjec t to disciplinary action up to and including termination. 3. Under current City policy, a career employee receiving three (3) garnishments (not released) within three (3) years shall receive a written reprimand, and on receipt of the fourth (4th) garnishment (not released) within three (3) years, the employee shall be terminated. C. FIRST GARNISHMENT 1. When City Finance receives a g arnishment notice affecting a Department employee, they shall prepare a "First Garnishment of Wages" form and send it to the Internal A ffairs Division (IAD). 2. IAD shall log the form and email/ notify the employee’s captain /divis ion manager of the wage garnishment. The employee’s captain /division manager shall then assign a supervisor to make immediate notification to the employee. a. The supervisor and the employee, in a p rivate meeting, shall both sign and date the form. If the employee refuses to sign the form, the supervisor shall write "Refused" in the space designated for the employee's signature. b. A copy is routed back to IAD , where it is filed. 3. If delivery of the garnishment notice is delayed beyond ten (10) days, the supervisor assigned to deliver the notice shall attach a memo explaining the reason for delay. This memo shall be filed in IAD. D. SECOND GARNISHMENT The same procedure outline for the first garnishment shall be followed except that a “Second Garnishment of Wages” form shall be used. E. THIRD GARNISHMENT 1. The same procedure outlined for the first and second garnishment shall be used with the following exceptions: SACRAMENTO POLICE DEPARTMENT GENERAL ORDERS GO 220.03 Page 2 of 2 a. A “Third Garnishment of Wages” form shall be u sed. 2. After receiving a third notice of garnishment, employees shall be given an order by their supervisor to make an appointment within 48 normal business hours w ith Labor Relations. a. At this meeting, the employee shall have the opportunity to clear the third garnishment off the books within fourteen (14) calendar days to avoid a written reprimand and to reduce the number of garnishments to two. b. If the employee so d esires, an employee organization representative may attend the meeting. 3. Any employee who does not report to his/her scheduled appointment with Labor Relations shall be charged with insubordination and shall be subject to appropriate disciplinary action. 4. If the third garnishment is not removed from the employee's record within fourteen (14) calendar days (not released), the employee shall receive a written reprimand. IAD shall contact Labor Relations after the fourteen (14) day period and start the necessary discipline. F. FOURTH GARNISHMENT 1. On receipt of an employee's fourth garnishment that has NOT been released, the Finance Department will prepare a memorandum to the Personnel Services Division (PSD) advising them of the notification and that termination acti on should be taken. 2. PSD shall forward this memo to IAD. 3. IAD shall contact Labor Relations and initiate the necessary proceedings. G. GARNISHMENT CONTINUATIONS 1. When the Finance Department receives wage garnishment continuations of a previously received garnish ment (same complainant, same case number, etc.) the first, second or third garnishment forms will not be used in this instance since they relate to the same debt. 2. The Finance Department will send a memorandum directly to the employee. Copies shall not be sent to Labor Relations. H. EMPLOYEE RELATIONS The disciplinary action set forth under this procedure may be modified at the discretion of the Director of Labor Relations.

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