Subpoena Leave. Each Faculty Member shall be granted leave at full pay when subpoenaed as a witness, other than as a defendant or plaintiff, in a criminal or civil trial which has resulted directly from an incident which took place during any District sponsored activity including all class and laboratory sessions, Associated Student Body sponsored events, Athletic contests or required meetings held either on or off the college's campuses. Such leave shall be restricted to personal appearance under a subpoena issued by a court of competent jurisdiction, and only in matters as defined above. All leave for appearances as a witness other than those described above shall be granted only under the provisions of Section 11.4 Personal Necessity Leave, or, with the approval of the appropriate Vice President as unpaid leave.
Subpoena Leave. 4.11.1 When a unit member is absent because of a mandatory court appearance, except as a litigant, the unit member shall suffer no monetary or sick leave loss by reason of this service.
4.11.2 Fees, exclusive of mileage, paid by the court or party requiring a unit member's appearance shall be paid to the District unless the fees are greater than the unit member's salary, in which case the unit member may retain the fees and be listed as absent due to personal business without pay.
4.11.3 A copy of the subpoena or certificate of the clerk of the court must be filed with the absence report.
Subpoena Leave. A leave of absence with pay shall be granted when an employee is subpoenaed to appear in a court of law if the basis for the subpoena relates to the employee’s work responsibilities with the District. This leave is not intended to cover personal litigation of the employee or litigation involved in labor disputes with the employer.
Subpoena Leave. 12.11.1 A unit member shall be granted a paid leave of absence when subpoenaed as a witness and not as a litigant in a court of law. The leave shall be granted for the time necessary to comply with the subpoena, including necessary travel time as certified by an authorized officer of the court. Upon notification to his/her supervisor, thirty (30) minutes shall be available to the unit member both prior to and after fulfilling the requirements of the subpoena.
12.11.2 After fulfilling the requirements of a subpoena, if the unit member has two hours or less remaining in his/her regular work schedule and the appearance has occurred at a location other than on District property, the unit member is not required to return to work to complete his/her regular daily assignment and need not use any leave to cover the remainder of the work assignment.
12.11.3 In instances in which a unit member is subpoenaed to appear other than during his/her regular work schedule, the District reserves the right to decide if the unit member shall be permitted to work overtime to comply with the subpoena, alter his/her work schedule or consider other alternatives to permit the employee to comply with the subpoena.
12.11.4 Any unit member who requests that the Board of Trustees issue a subpoena for another unit member to testify at a discipline appeals hearing shall be assured that the District will permit said employee to attend the hearing and that employee shall receive paid subpoena leave pursuant to the article.
12.11.5 Subpoena leave shall not be accumulated from year to year. Compensation for such leave will be made up to a maximum of ten (10) working days per year. The amount of such compensation shall be equivalent to but not more than the difference between the unit member's regular earnings and any amount received under the subpoena.
12.11.6 A unit member who has received a subpoena to appear at a grievance hearing shall be required to cover the leave to comply with the subpoena by using any appropriate leave as provided by this contract, including but not limited to, released time for Chapter business pursuant to Article 3.4.3.
12.11.7 Subpoenas may be served by District employees who are not parties to the matter for which the subpoena is being issued.
Subpoena Leave. A leave shall be granted to allow an employee to appear, in response to a subpoena duly served, when other than a litigant (a) in a case before a grand jury; (b) in a criminal case before a court within the State; in a civil case in a court within the county in which the employee resides or outside of said county if within 150 miles of place of residence; or (d) in a case before the State Workers Compensation Appeals Board, when arranged by the District's Insurance Section. The employee shall promptly notify the site administrator upon receipt of the subpoena. Leave shall be granted for the days of attendance in court as certified by the clerk or other authorized officer. Subject to the possibility of making reasonable travel arrangements, the employee shall be required to report for work during the balance of her/his assigned working day or week when her/his presence is not required pursuant to said subpoena.
Subpoena Leave. An employee who is subpoenaed to give testimony in any judicial matter involving the Employer by any party other than the Association shall be given a leave of absence for the period of attendance required by the subpoena. For each day that an employee is required to be in court pursuant to the subpoena when the employee otherwise would have worked, the employee shall receive the employee's regular pay and the amount the employee received from the court shall be paid over to the Employer.
Subpoena Leave. If a certificated employee is subpoenaed as a witness in court (and is not a litigant) or appears as a witness for the Board of Education without a subpoena, no salary deduction will be made for such absence. A subpoena or letter from the attorney representing the Board stating that the employee was called as a witness for the Board must be filed with the Human Resources office, in accordance with provisions of the Education Code.
Subpoena Leave. 8.15.1 The employee will be granted subpoena leave as may be required by the subpoena and shall be paid her/his regular salary less any compensation received from her/his services, excluding transportation and per diem expenses. Except when the employee is the plaintiff or defendant in such action, unless named as plaintiff or defendant while in the performance of their duties.
8.15.2 Human Resources may extend the definition and intent of the subpoena leave policy on an individual basis.
Subpoena Leave. An Employee will be granted subpoena leave as may be required by the subpoena, and shall be paid their regular salary less any compensation received for their services, excluding transportation and per diem expenses, except when the Employee is the plaintiff or defendant in such action. This exception shall not apply when the Employee is named as plaintiff, defendant or expert witness while in the performance of their duties. The Superintendent or designee may extend the definition and intent of the subpoena leave policy on an individual basis, in consultation with the Association President.
Subpoena Leave. An employee will be granted a subpoena leave as may be required by the subpoena, and shall be paid regular salary, less any compensation received, excluding transportation. This shall only apply when the employee is named as a plaintiff, witness, or defendant for events or actions arising out of the exercise of his or her duties for the District or when the employee is subpoenaed as a disinterested witness in a legal matter in which neither the employee, nor the Association, nor any member of the employee's family is a party or has any interest in the outcome. In other situations where the employee is under subpoena, sick/emergency leave or personal leave may be used.
