Policy 3.70

Witness or Jury Duty

1. Purpose. The School Board believes serving on a jury is a fundamental responsibility of citizenship; and that one should respond to lawfully issued subpoenas requiring testimony. This policy is to establish procedures governing the granting of administrative leave requested by employees for jury duty or as subpoenaed witnesses.

2. Policy Statement.

   1. Court Appearances. -- An employee may be granted temporary leave and shall receive his or her regular compensation and benefits for appearances in state or federal court matters under the following circumstances:

      1. When summoned to appear as a federal or state court juror during work hours. If, upon reporting for jury duty, the employee is dismissed prior to serving one-half day, the employee is to report back to the regular duty assignment. A reasonable amount of time will be allowed for travel.

      2. When summoned to appear as a defendant or a witness, during work hours, in an action arising out of and in the course of employment with the School District.

      3. When summoned to appear as a witness, during work hours, in any civil or criminal action in which the employee is not the defendant or the plaintiff.

      Any fees received by an employee related to court or witness appearances as provided in this paragraph shall be remitted to the Accounting Department in check or money order, less permissible travel expenses and payments received for days the employee was not scheduled to work, if any, as provided in School Board Policy 6.01.

   2. Administrative Proceedings. -- Board employees who are subpoenaed to appear as witnesses in an administrative proceeding of the School Board shall be entitled to the following:

      1. For administrative proceedings within Palm Beach County, the employee shall be compensated for travel expenses at the rate provided under Fla. Stat. § 112.061 and Policy 6.01,

      2. For administrative proceedings outside of Palm Beach County, the employee shall be compensated for per diem and travel expenses at the rate provided under Fla. Stat. § 112.061 and Policy 6.01,

3. Exception to Payment of Witness Fees for School Board Employees. -- Witness fees shall not be paid to School Board employees summoned as witnesses on behalf of the School Board, School District or Superintendent, whether such summons are for federal or state court proceedings or administrative proceedings. However, such employees shall be entitled to his or her regular compensation and benefits as provided in paragraph 2 herein.

4. Employee's Personal Litigation. -- In no case shall temporary duty leave with pay be granted for court attendance when an employee is engaged in personal litigation. In such cases, an employee may request to use personal or annual leave subject the approval of the responsible supervisor.