Police Department Policy

ii-18NotificationOfCivilAction

St. Petersburg PD

Policy Text
Revisions or additions are highlighted 1 (08/28/2017) ST. PETERSBURG POLICE DEPARTMENT GENERAL ORDER Subject: NOTIFICATION 0F CIVIL ACTION Index as: City Attorney, Notification Civil Summons for Police Department Employees Civil Action, Notification Subpoena, Civil Action Accreditation Standards: 16.3.7, 22.2.2 Cross Reference : Rules and Regulation of the Personnel Management System, Section 5 -12 Replaces: G.O. II-18, Notification of Civil Action (April 25, 2013) This Order consists of the following sections: I. Policy II. Purpose III. Notification Procedure IV. Statements by Employees I. POLICY It is the policy of the City of St. Petersburg to defend and protect an employee from liability incurred in the performance of their duties under circumstances established by law or other official documents of the City, and in accordance with the interpretation of the City Attorney. II. PURPOSE This order establishes a procedure to notify the Department and City Attorney of a legal action against an employee as it relates to their employment. Prompt notification is required to properly provide for legal representation of an employee during all phases of the action and to protect the City's interest in the matter. III. NOTIFICATION PROCEDURE A. Any employee who is served with or receives a civil summons, complaint or other notice in which they are named as a defendant in an action arising from their duties as an employee of the City of St. Petersburg shall: 1. Within forty-eight (48) hours of service or receipt of a summons or notice, the employee shall prepare a J:\Forms\Notice of Civil Summons Received.docx and submit it along with a copy of the summons or notice directly to the City Attorney, 10th Floor, Municipal Services Center Building. 2. The City Attorney shall return a copy of the Notice of Civil Summons Received to the originator (employee) acknowledging receipt. 3. The employee shall cooperate fully and immediately by completing any forms the City Attorney may request. B. If the employee elects to have the City Attorney represent them, they shall comply in an expeditious manner with all requests of the City Attorney (return phone calls, interrogatories, etc.) during the pendency of their suit. DATE OF ISSUE EFFECTIVE DATE NUMBER August 2017 Immediately II-18 Distribution: All Employees General Order II -18 Revisions or additions are highlighted 2 (08/28 /2017 ) IV. STATEMENTS BY EMPLOYEES Should an employee receive either a request to make a statement or be subpoenaed by a private attorney in a work -related civil matter, they shall first discuss the incident with their respective Assistant Chief and with t he Legal Division. Before making any oral or written statements, the employee shall discuss the matter with the City Attorney assigned. __________________________ Anthony Holloway Chief of Police

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