§ 82-518. Witness duty

(a) Testifying as a witness is a civic duty and is supported by the county. Reasonable leave time for witness duty will be granted as approved time off with pay, not to exceed eight hours or one work day per calendar year.

(b) When an employee is summoned as a witness, the employee shall immediately notify the supervisor and provide a copy of the court order, subpoena, or summons. The following guidelines shall apply:

(1) Witness leave is appropriate for duty with a federal, state, or local court.

(2) Leave for witness duty must be requested in advance as soon as the employee receives the summons or subpoena.

(3) Time to appear in court when the appearance is part of the employee's regular job duties will be approved as regular time worked.

(4) Time spent by employees testifying as expert witnesses will be governed by their department's procedures. Employees who receive compensation from their court for their appearance shall in no instance receive dual compensation from the county.

(5) Time to appear in court when the employee is a party to the action is the individual employee's responsibility and will not be covered under this policy. However, employees may use accrued vacation or compensatory time for this purpose if time is available.

(c) The person responsible for time and attendance entry in the department will enter the pay code for jury duty with a comment code of "Witness."

(d) The employee should contact his/her supervisor for instructions regarding return to work when court is adjourned or when excused during normal working hours. Employees may be required to submit proof of attendance from the court to the supervisor upon completion of the witness duty. Failure to return to work or contact the supervisor may result in the employee being required to utilize other accrued leave time and disciplinary action, up to and including termination.

(e) All other witness duty not specifically addressed in this policy must be done on the employee's own time or must be charged to vacation, compensatory time, or leave without pay.

(Ord. No. 2011-1463, 8-30-2011)