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Procedure 3240Santa Ana Police Department Santa Ana PD Procedures Manual Copyright Lexipol, LLC 2021/12/10, All Rights Reserved. Published with permission by Santa Ana Police DepartmentPROCEDURES FOR HANDLING SUBPOENAS AND COURT APPEARANCES - 1PROCEDURES FOR HANDLING SUBPOENAS AND COURT APPEARANCES 3240.1 PURPOSE The purpose of this procedure is to establish the guidelines for handling subpoenas, court appearances, and related compensation. This procedure establishes the guidelines for department members who must appear in court. It will allow the Department to cover any related work absences and keep the Department informed about relevant legal matters. 3240.2 SUBPOENA SERVICE AND NOTIFICATION Only Court Liaison Staff or the Clerk of Council at City Hall are authorized to receive a subpoena on behalf of the Department or any of its members. This may be accomplished by personal service to the officer or by delivery of two copies of the subpoena to the officer's supervisor or other authorized departmental agents (Government Code § 68097.1; Penal Code § 1328(c).) Although this is a state mandate, we have never required two copies. 1.It will be the responsibility of the Court Liaison Staff or Clerk of Council at City Hall to accept, process and serve subpoenas. When Court Liaison Staff or Clerk of Council at City Hall personnel are not available, the Front Desk or Station Supervisor will accept subpoenas and forward them to the Clerk of Council at City Hall or Court Liaison for processing. 2.Court Liaison Staff or the Clerk of Council at City Hall staff accepting a subpoena on behalf of another employee shall immediately use the InTime Schedule Engine (ISE) to determine the availability of the named employee for the date listed on the subpoena. 3.Once a subpoena has been received by Court Liaison Staff or the Clerk of Council at City Hall staff, a copy of the subpoena shall be promptly provided to the named employee. Service of subpoenas will be handled through the Department's email system, the automated ISE system, text message, or a hard copy may be delivered to the employee personally or via his/her department mailbox. 4.Acceptance of subpoenas is governed by California Penal Code Section 1328. All subpoenas delivered to the Department within five or more working days of the court appearance date will be accepted. Acceptance of subpoenas received with less than five working days prior to the court appearance date will be evaluated as to serviceability on an individual basis by the Court Liaison or the Clerk of Council at City Hall. When the employee can reasonably be contacted and can properly prepare for the court appearance, the subpoena will be accepted. If the employee cannot be contacted or will not have the time to properly prepare for the appearance, the Court Liaison will return the subpoena under the authority of CPC 1328. As agreed through the Integrated Law and Justice Agency for Orange County (ILJOC), there are five primary types of acceptable leave when a witness employee is unavailable for court: A.Approved Vacation B.Military Leave Santa Ana Police Department Santa Ana PD Procedures Manual PROCEDURES FOR HANDLING SUBPOENAS AND COURT APPEARANCES Copyright Lexipol, LLC 2021/12/10, All Rights Reserved. Published with permission by Santa Ana Police DepartmentPROCEDURES FOR HANDLING SUBPOENAS AND COURT APPEARANCES - 2C.Out of County Training D.Sick (employee is physically unable to attend court) E.Furlough F.There may be rare circumstances, such as time limitation for a speedy trial, where an employee may be required to make a mandatory appearance despite these conditions. 5.Court Liaison staff will liaison with the assigned District Attorney, to try to reach a reasonable alternative to an appearance in court (continuance, taking the officer out of service, etc.) when the employee is assigned to a local school. If no alternative is available, the officer will be served with the subpoena and required to appear. 6.If Court Liaison Staff is notified a case is trailing from the original subpoena date, the officer can be trailed for up to 10 days without the issuance of another subpoena. Officers are not “on-call” every day during the 10-day period and can only be trailed one day at a time. 7.Every effort will be made by Court Liaison staff to avoid conflicts by notifying the subpoenaing agency as soon as they become aware of a potential conflict between an officer’s vacation and a court date. The subpoenaing agency is also expected to communicate with the Court Liaison before trailing a case in order to verify the officer’s availability. 8.The Court Liaison Staff will monitor employee work schedules in an effort to avoid accepting subpoenas for scheduled vacations and holidays; however, if an employee is served a subpoena with a court date on a scheduled vacation or holiday, the employee shall immediately return the subpoena to the Court Liaison so it can be considered for refusal. 9.Regular days off do not qualify for subpoena refusal; however, if an employee anticipates being on vacation during normal days off and is leaving the area. It is the employee's responsibility to contact his/her supervisor and input their lack of court availability into ISE during regular monthly scheduling. 10.Subpoenas for the Chief of Police shall be served through the Clerk of Council at City Hall. All other civil subpoenas shall be served through the Court Liasion. 11.Discovery Motions, Pitchess Motions, and work-related civil subpoenas will be served through the Clerk of