§ 2-98. Employee appearance in court and administrative proceedings.

(a)

Any regular full-time employee subpoenaed or summoned to appear in a court or an administrative proceeding, including situations when the employee has already appeared in court and has been required in writing to appear at a future hearing, provided the employee has given reasonable notice to his supervisor, shall receive a civil leave of absence with pay if said appearance is during the employee's normal working hours and the case is not related to his employment.

(b)

Employees who are required to attend court or an administrative proceeding by the office of the city attorney or the office of the commonwealth's attorney to testify on behalf of the city or the commonwealth, respectively, in regards to matters arising in the course of official duties shall be considered to be working during such court or administrative proceedings. Time spent in court or at an administrative proceeding, or while participating in other aspects of case preparation or discovery, where the employee is a defendant or witness in a court case or an administrative proceeding and is being defended or assisted by the city attorney, or his designee, shall also be considered work time.

(c)

Any payments other than regular pay, received by employees for court and discovery appearances under subsections (a) and (b), excluding compensation for mileage and tolls, shall be submitted to the city treasurer for deposit into the general fund of the city.

(d)

Employees appearing as a plaintiff in a court case, or as a defendant in a civil or criminal case not defended by the city attorney or his designee, shall not be entitled to civil leave with pay during such court appearances. In such cases, the employee shall be excused from work to attend, and no adverse personnel action shall be taken against the employee. Regular full-time and regular part-time employees may, at their option, charge any paid personal leave or compensatory time that the employee may have accrued, or the time may be unpaid.

(e)

When regular part-time and temporary employees are subpoenaed or summoned to appear in court for non work related cases, the employee shall be excused from work to attend the court case. Time off for court appearances for regular part-time and temporary employees shall be without pay and no adverse personnel action shall be taken against the employee for being absent from work as a result of the court appearance provided the employee has given reasonable notice to his supervisor. However, regular part-time employees may, at their option, charge any paid personal leave or compensatory time that the employee may have accrued.

(Ord. No. 4259-91; Ord. No. 6499-08)

(Ord. No. 4259-91; Ord. No. 6499-08)