1994 AGN OCT 04 I28 - Laserfiche WebLink

Browse Search

AGENDA REPORT CITY OF COLTON Office of the City Attorney For City Council Meeting of October 4, 1994 September 28, 1994 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: Julie Hayward Biggs, City Attorne SUBJECT: Administrative Policy Regarding Subpoena of City Employees Background: At the request of the City Clerk, I have reviewed Government Code Sections 68093 and 68096.1 regarding the compensation due City employees when they are subpoenaed to appear as witnesses in civil litigation matters. It is currently the policy of the City that service on any City employee relating to that employee's exercise of his or her duties as a City employee must be made through the City Clerk. The City currently has an administrative policy addressing leave for employees under subpoena and for administrative hearings affecting their employment. That policy, however, does not address reimbursement of the City for compensation of City employees when they are subpoenaed in connection with their official duties. State law establishes the following procedure for the City to follow in this regard: 1. A witness must be paid $35 plus mileage by the party issuing a subpoena for an appearance in a civil litigation matter pursuant to Section 68093. 2. For every City employee who is subpoenaed, the City must pay that employee his or her salary for the time that he or she is required to spend away from his job preparing for and attending the hearing, plus travel expenses. 3. The party issuing the subpoena is required to tender to the City the sum of $150 per day at the time that the subpoena is served to cover salary and travel expenses necessary for the employee to appear. 4. If $150 is more than the actual cost to the City of making the employee available to testify, the City must reimburse the difference. If $150 is less than the actual cost to the City, the party issuing the subpoena must pay the City the difference.