16.00.190 COURT APPEARANCES
Employees will attend court or quasi-judicial hearings as directed and bring with them all pertinent evidence, reports, and notes. Employees will make every effort via means provided by the Court, Prosecutor's Office, or Police Department, to verify the times and dates of court appearances.
Permission to omit this duty will be obtained from the prosecuting attorney handling the case or other competent court or hearing official. When appearing in court, either the official uniform or contemporary business attire (not casual) will be worn.
Employees directed to contact the court by telephone prior to their attendance at court hearings or trial will do so promptly.
Employees directed to be in court or at hearings will be prompt in attendance and will remain until excused by competent authority. This requirement will also apply to pre-trial and pre-hearing consultations with prosecutors and hearing officials.
Manner of Testifying
Employees in court and at other quasi-judicial hearings will avoid any indication of bias, prejudice, or anger. They will testify in a clear, concise, and distinct manner. Questions will be answered promptly, truthfully, and without trace of evasion. Personal behavior will be exemplary while in court, whether on the witness stand or waiting to be called.
Testifying for the Defendant
Any employee subpoenaed to testify for the defense in any trial or hearing, or against the City or Department in any hearing or trial, will notify the Department's Legal Advisor (or, in his/her absence, the City Legal Department) of the subpoena.
Civil Action Interviews
Civil action interviews involving employees, which arise out of departmental employment, will be conducted according to current departmental directives, and in no case will they be attended by any officer without first having advised the Department's Legal Advisor (or in his/her absence, the City Legal Department).
Civil action, Court Appearances - Subpoenas
An employee will not volunteer to testify in civil actions and will not testify unless legally subpoenaed. Employees will accept all subpoenas legally served. If the subpoena arises out of departmental employment, or if the employee is informed that he/she is a party to a civil action arising out of departmental employment, he/she will immediately notify the Department's Legal Advisor (or, in his/her absence, the City Legal Department).
Civil Depositions and Affidavits
No employee will be subject to a deposition, declaration or affidavit in a civil case before consulting with the Legal Advisor (or, in his/her absence, the City Legal Department). If the Legal Advisor or Legal Department determines that the case is of importance to the city, the Chief of Police will be informed before the deposition, declaration or affidavit is given.
Employees as Defendants in Lawsuits
If employees are named as a defendant in a civil lawsuit, they must be given notice and an opportunity to defend themselves. The plaintiff in the lawsuit will have the employee served with summons and complaint that function as “notice” that they are being sued. Employees that are served with summons and complaint naming them (and often other person and the City) as a defendant in a lawsuit will immediately:
v Write the date and time they were served in the upper right-hand corner of the summons
v Notify the Police Legal Advisor, or the Office of the Chief of Police in the Legal Advisor’s absence
v Provide the Legal Advisor (or Chief’s Office in the Legal Advisor’s absence) with a copy of the summons and complaint with which they were served showing the date and time notation in the upper right-hand corner
The Legal Advisor, or the Chief’s designee in the Legal Advisor’s absence, will copy the documents received from the served employee and provide a complete copy to the City Legal Department for attention of the City Attorney.