300-25 Court Attendance and Compensation Flashcards
Employees shall appear in court when subpoenaed unless an _____ them from reporting as scheduled.
Employees shall use the Court System Management and Resource Technology (CSMART) program to receive subpoenas and to document court attendance.
Overtime compensation shall be made in accordance with federal and state statutes, the City of Houston Code of Ordinances, and the department’s Meet and Confer Agreements.
incapacitating illness or an emergency prevents
Administrative License Revocation (ALR) Hearing.
A hearing conducted by the Department of Public Safety (DPS) and the State Office of Administrative Hearings (SOAH) to determine whether defendants charged with refusing to take or failing to pass an alcohol concentration test shall have their Texas driver license suspended or revoked.
Character Witness.
A witness who testifies on behalf of a person as to that person’s character, reputation, or moral traits.
Computerized Subpoena.
A subpoena transmitted by computer.
Court System Management and Resource Technology (CSMART).
The courts’ program used to enter subpoenas and to document court attendance for HPD employees.
Disregard.
Employee’s disregard request has been approved by the supervisor or the supervisor has created the disregard directly.
Disregard Request.
Employee has reviewed the subpoena and requests to disregard it (pending supervisor approval).
Expert Witness Fee.
Compensation received by an employee from any source other than the City of Houston for testimony given in any legal action.
Factual Witness.
A witness whose testimony concerns facts within the witness’s personal knowledge.
Legal Action.
Any criminal or civil court proceeding, Texas Board of Pardons and Paroles proceeding, or civil service, arbitration, or administrative hearing.
Subpoena.
An order to appear at a certain time and place to give testimony upon a certain matter.
Witness Fee.
Statutorily mandated fees that accompany some civil and criminal subpoenas.
Once a citation or case is completed and turned over to the courts, the final disposition of the citation or case is the exclusive purview of the court and the employee’s role is to _____.
serve as a witness
On a regular basis employees shall log on to CSMART to receive any subpoenas they may have.
Employees shall obey all subpoenas and notifications to attend court, including those conveyed by computer, as well as any verbal summons received directly from a court official, police supervisor, or municipal or county court liaison personnel.
Employees shall arrive on time for all required court appearances and…
be prepared to testify.
Employees relieved of duty or temporarily suspended shall _____all subpoenas and notifications.
Employees on injured-on-duty leave or transitional duty shall honor all subpoenas and notifications unless…
1) obey
2) the nature of the injury or illness makes court appearance medically unadvisable.
Unless an employee is disregarded from a court subpoena by the judge or designee of the issuing court or by an _____(Municipal Court only), the employee shall appear as ordered (see section 3, Court Disregard Request Procedures, of this General Order).
on-duty supervisor with a valid excuse
Employees may be released from a court for meal breaks by only the judge or designee of that court, but can be preempted to report back at ____.
any time
Unauthorized absences from court, ALR hearings, or parole hearings are subject to
disciplinary action.
An employee being on a regular day off is not a valid reason for the employee to be absent from court.
Employees required to attend court during their regular duty hours on a day that personal leave had been scheduled shall have their personal leave…
adjusted to reflect the number of hours actually taken.
Employees are prohibited from wearing a department uniform, police badge or patch, or official police identification while observing any criminal proceeding in which the defendant…
This prohibition does not apply to employees attending a proceeding as required by the employee’s on-duty assignment.
This prohibition does not preclude employees from attending such proceedings in an off-duty non-uniformed capacity.
is or has been an employee of the Houston Police Department or while observing any civil proceeding against the interests of the City of Houston, the state of Texas, or the federal government.
Non-computerized Subpoenas
An employee receiving a non-computerized subpoena shall contact the _____ to have an electronic subpoena generated.
Municipal or County Court Liaison Office
Floating Holiday
Employees may use one of the below methods to handle their floating holiday
time in the unlikely event an employee is mandated to attend court during regular duty hours on a day previously approved as a floating holiday.
a.
When summoned to court at the beginning of their shift, employees shall report
for duty after being released from court to _____. Timekeepers shall ensure the floating holiday remains unused.
b.
Employees shall take other _____ to finish out any time discrepancies
from their court time and their entire shift. Timekeepers shall ensure the floating holiday remains unused.
c.
Any scenario other than the two previous shall be handled on a _____
1) finish the remainder of their shift
2) personal leave
3) case-by-case basis.
Floating Holiday
Employees are responsible for notifying their supervisor and the timekeeper of any
changes from the _____.
Employees shall keep _____in case questions arise concerning their court attendance.
1) original request
2) documentation
SUPERVISORS’ RESPONSIBILITIES
Division commanders shall ensure that all supervisors under their command receive all appropriate training necessary to execute _____.
Supervisors shall immediately inform their shift commander if they need _____
training.
If supervisors experience a problem with the subpoena system, they shall document the incident and ensure the _____ is notified.
1) subpoena procedures
2) CSMART
3) Municipal Court Liaison Office
SUPERVISORS’ RESPONSIBILITIES
Division commanders are responsible for ensuring employees under their command follow all subpoena procedures.
Supervisors shall follow these procedures, which include, but are not limited to, the following.
Supervisors shall:
a.
Immediately notify employees, regardless of shift or days off, of subpoenas or
_____.
b.
Process disregard requests by completing the disregard procedure for _____.
c.
Require documentation from employees verifying reasons given for absences if
the _____of an excuse for missing court is questionable.
d.
Monitor employee court attendance and check for _____.
e.
Conduct audits of court attendance for their employees and investigate all ____.
f.
Ensure the _____of Court Overtime Request forms they sign. Overtime requests may be returned to employees for explanation or correction. All court overtime denials shall comply with General Order 300-07, Overtime Compensation.
a.
Immediately notify employees, regardless of shift or days off, of subpoenas or
disregard notices.
b.
Process disregard requests by completing the disregard procedure for computerized subpoenas.
c.
Require documentation from employees verifying reasons given for absences if
the validity of an excuse for missing court is questionable.
d.
Monitor employee court attendance and check for patterns of abuse.
e.
Conduct audits of court attendance for their employees and investigate all absences.
f.
Ensure the accuracy of Court Overtime Request forms they sign. Overtime requests may be returned to employees for explanation or correction. All court overtime denials shall comply with General Order 300-07, Overtime Compensation.
COURT DISREGARD REQUEST PROCEDURES
Employees who are disregarded from court due to illness shall not work any extra employment or scheduled overtime during the ___hours following the _____of the scheduled court appearance.
1) 24
2) beginning
COURT DISREGARD REQUEST PROCEDURES
Employees with multiple subpoenas for the same date shall attend each court if ____.
Should court circumstances prohibit honoring all subpoenas, employees shall
attend the _____court and handle absences from the lower courts according to
normal disregard procedures.
1) possible
2) highest
COURT DISREGARD REQUEST PROCEDURES
Employees may not request to be disregarded from _____ Courts proceedings.
non-Municipal
COURT DISREGARD REQUEST PROCEDURES
Municipal Courts
Municipal Courts disregard requests shall occur prior to the date and time of the _____ specified on the subpoena.
The court liaison offices shall not accept disregard requests after that time.
court setting
COURT DISREGARD REQUEST PROCEDURES
Municipal Courts
Employees shall review computerized subpoenas or disregard notices immediately upon notification by a supervisor to _____.
When an employee is notified of a subpoena for a date on which the employee has previously scheduled an absence or is otherwise unable to honor the subpoena, the employee shall personally contact the _____handling the
case to advise of the need to be absent.
This does not absolve the employee of the responsibility to honor the subpoena unless…
The name of the prosecutor contacted shall be documented by the employee.
1) attend or disregard court
2) prosecutor
3) the judge in that court disregards the employee
COURT DISREGARD REQUEST PROCEDURES
Municipal Courts
Employees shall notify _____when they need to be disregarded from court.
Employees are required to be disregarded from court when they have a _____ for not attending court.
Examples of valid excuses for missing court include, but are not limited to, the employee being sick, on preplanned time off, or on duty and preempted by a call for service.
1) an on-duty supervisor
2) valid excuse
