(Refer to General Order 207.00: Overtime Compensation Time)
Nothing in this policy shall be construed to prevent the service of a subpoena in accordance with applicable law and rules of court. The procedure outlined in this policy is intended to expedite the distribution of trial notices through the use of police department administrative services.
Because of the duties and responsibilities of police officers and some civilian employees, it is necessary for them to testify in court. The “Notice of Trial” form and the “Notice of Implied Consent Hearing” constitute the same powers as an official subpoena, and employees of the police department must respond accordingly.
Therefore, employees are required to appear whenever necessary to testify even if on vacation or a day off. Cooperation with the city and county attorney’s offices in regard to day off and vacation schedules will help to eliminate as much conflict with schedules as possible. The department furnishes the prosecutor’s office with a copy of the day off schedules.
When an employee has a planned extended vacation, they shall fill out the Vacation/Time off Request Form (vacation time off request form). Once completed this form shall be forwarded via the chain of command to the division deputy chief. The deputy chief will ensure it is properly routed, to include the city and county attorney’s office as an aid to scheduling. While this process is an aid to scheduling for court, it is the employee’s responsibility to notify the proper prosecution office of a planned vacation or any other scheduling conflict once noticed on a required court appearance.
Court notices will be sent by the Saint Paul City Attorney’s Office and the Ramsey County Attorney’s Office by email. The records unit will accept the notice and will forward the information through an email appointment to the employee who is being notified of a court appearance. The records unit will maintain copies of the email notification according to the city’s e-mail retention schedule.
Employees must check their city email and calendar notifications every day they are on duty. Employees need to open and accept the appointment upon receipt. Email notifications may be printed by the employee. Upon receiving a court notice from the Saint Paul City Attorney’s Office or the Ramsey County Attorney’s Office, or a “Notice of Implied Consent Hearing” from the Attorney General’s Office, the employee MUST call the number listed on the notice to verify receipt and communicate any potential scheduling conflict. “Denying” the electronic court notification by email is not an acceptable form of communication of an employee’s availability for court.
The unit commander, or their designee, will access the electronic court notifications through email proxy rights and ensure employees under their command have opened and accepted it. If the employee will not be returning to work before the appearance date, the unit commander, or their designee, will contact the employee to make notification.
If the unit commander, or their designee, is unable to contact an employee, s/he will contact the attorney’s office as soon as possible and notify her/him of the problem.
Employees will follow the prosecutor’s instructions detailed on the notice which includes being placed on standby, calling the prosecutor, bringing evidence to court, etc. (Criminal defense attorneys are not authorized to place employees on standby.)
Summons and Complaint, Civil Subpoena, or Other Legal Process:
All personnel shall direct any service of summons and complaint, human rights matters, civil subpoena, or other legal process to the office of the chief. If an employee is personally served a summons and complaint, civil subpoena, or any other legal process, the employee shall note the date and time of receipt on the front page and immediately deliver a copy to the office of the chief. (See General Orders 235.70: Civil Suit Interviews by Officers, 454.00: Defense of Police Officers in Court Actions, 454.01: Protective Orders Filed Against Officers.)
Public defender subpoenas are accepted in the chief’s office Monday-Friday, 0800-1600 hours, and will be sent directly to the officers. Employees must contact the prosecuting attorney before contacting the public defender.
Evidentiary Subpoenas:
If an individual is served with a subpoena for production of material or information for a defense attorney in a criminal matter, or any attorney in a civil case, the employee shall contact the office of the chief prior to responding to the notice.
Any subpoenas for the production of material or information that is not directed to a specific individual, will be directed to the office of the chief. (See General Orders 235.00: Data Practices, 235.10: Dissemination of Criminal Data, 235.70: Civil Suit Interviews by Officers.)
Complaints:
Complaints of employees not showing up for court will be referred to the internal affairs unit for review and referral for investigation as described in General Order 230.00: Disciplinary Procedures.
Revised April 16, 2018