Police Manual - Compensation, Cincinnati PD OH, 2003
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12.820 COMPENSATION FOR COURT ATTENDANCE, HEARINGS AND OTHER
ADMINISTRATIVE RECALLS
Reference:
Procedure 12.815 - Court Appearances, Other Hearings, and Correspondence to
Other City Departments
Procedure 12.816 - On-Call Court Appearance
Procedure 12.825 - Compensatory Time and Paid Overtime
Procedure 19.105 - Sick/Injured With Pay & Special Leaves
FOP/City Labor Agreement
AFSCME/City Labor Agreement
Purpose:
Provide uniformity in the compensation of sworn personnel for appearances
in court and at hearings.
Definitions:
Compensation - Pay or time, determined by the type and number of court
appearances on a given day, at time and one half the hourly rates.
Court Appearance - Required attendance at any of the following:
1. Local and state courts of record - civil and criminal
2. Grand jury
3. Federal court - civil and criminal
4. Ohio Liquor Control Board, probation or parole hearings, Ohio Board of
Nursing, Ohio Board of Pharmacy, or any other similar agency
5. Out-of-town courts (1. through 3.) - other counties and states
required attendance - subpoena (including defense attorney) or other
officially recognized notification to attend a court or hearing
(juvenile court, court referee, small claims court, probation/parole,
deposition before notary included) as a representative of the
Cincinnati Police Department.
6. Grievance hearings involving the city and the FOP.
Off duty - Those hours between normally scheduled tours of duty, excluding
off days (i.e., between 0600 and 2200 hours, 2200 and 1400 hours, 1400 and
0600 hours, and 0400 and 2000 hours).
Off days - Those days commencing with the last hour worked on a normal tour
of duty when the employee is not required to return to work within the next
24 hour period, and ending when the employee actually returns to duty.
This includes preplanned vacation and compensatory time off granted before
the employee received the notification to appear in court.
Dead time - If the member's regular shift ends less than eight hours before
any scheduled court appearance, that time will be considered dead time.
Procedure:
A. Compensation Policy for Off-Duty Attendance:
1. Sworn personnel will be compensated with time, minimum of three
hours compensation (two hours x 1-1/2), for a solitary appearance
in traffic or criminal cases up to and including preliminary
hearings.
a. This includes civil cases in the Hamilton County Municipal
Court System. Witness fees will be surrendered.
2. Sworn personnel will be compensated for a solitary dead time
appearance with pay at a rate of two hours above and beyond the
normal compensation, as outlined in Sections A.1., A.4., A.5., and
A.7. No more than two hours dead time compensation can be
received for any one day.
3. Sworn personnel will be compensated for a solitary off-day
appearance with pay at a rate of two hours above and beyond the
normal compensation, as outlined in Sections A.1., A.4., A.5., and
A.7. No more than two hours off-day compensation can be received
for any one off day.
4. Personnel will receive compensation with pay for the first two
hours at 1-1/2 rate for a solitary appearance in Cincinnati
federal court or federal court in Covington, Kentucky.
a. This includes civil cases. Witness fees will be surrendered
at the Court Control Unit.
b. Cash/check issued by the federal court in Cincinnati and
Covington will be surrendered at the Court Control Unit,
attached to an Overtime and Court Appearance Report (Form 68P)
describing the court or hearing.
5. Personnel will receive compensation with pay for the first two
hours at 1-1/2 rate for a solitary appearance in grand jury,
common pleas court, or juvenile court.
a. Officers will take their signed subpoena from the above
courts to the Common Pleas Clerk of Court's Office and deposit
it in the basket located at the Criminal Witness Fee Desk.
Officers will not need to wait for a check to be issued.
Court Control Unit personnel will respond to the Clerk's
Office each business day and receive one voucher for all court
appearances for the previous court day.
1) Officers will verbally advise the Court Control Unit when
checking out that they have appeared in one of the above
courts.
6. Non-sworn personnel will be compensated according to the AFSCME
contract.
7. Off-duty time spent in any of the previously mentioned courts or
hearings in excess of two hours will be compensated with time, in
increments of 10 minutes, at a time and one-half rate (1 to 10
minutes = 15 minutes compensation). (See computation chart on
Page 13.)
8. When multiple appearances are required in one day, compensation
will be as follows:
a. The first two hours will be compensated with pay or time
depending on the court or hearing attended.
b. Pay can be received for only two hours at the 1-1/2 rate in
one day, with the exception of dead time and off-day
compensation (see Sections A.2. and A.3.).
c. Time in court beyond the first two hours will be computed in
increments as directed in Section A.7.
d. Multiple appearances beginning before noon and extending into
the afternoon will be compensated as previously indicated,
unless one hour or more elapses between the end of the
previous court and the start of the last court appearance. In
this instance the last court will be treated as a separate
appearance with a minimum of two hours compensation at the 1-
1/2 rate.
Example #1: Officer's off-duty appearances for one day
consisted of the following:
Grand Jury 1100-1200 hours
Municipal Court 1300-1310 hours
Compensation:
Pay - Grand Jury 2 hours (x 1-1/2) 1100-1200 hours
Time - Municipal Court 2 hours (x 1-1/2) 1300-1310 hours
Total - 3 hours pay, 3 hours time
Example #2:
Grand Jury 1000-1015 hours
Common Pleas 1100-1230 hours
Juvenile Court 1315-1415 hours
Compensation:
Pay - Grand Jury 2 hours (x 1-1/2) 1000-1200 hours
Time - Common Pleas & Juvenile 2-1/4 1200-1415 hours
(x 1-1/2)
Total - 3 hours pay, 3.50 hours time
Example #3:
Grand Jury 1000-1130 hours
Common Pleas 1130-1210 hours
Municipal Court 1300-1330 hours
Juvenile Court 1435-1440 hours
Compensation:
Pay - Grand Jury 2 hours (x 1-1/2) 1000-1200 = 3 hours
Time - Common Pleas & Municipal Court 1-1/2 hours (x 1-1/2)
1200-1330 = 2.25 hours
Time - Juvenile Court 2 hours (x 1-1/2) 1435-1440 = 3 hours
Total = Time 2.25 hours + 3 hours = 5.25 hours Pay = 3
hours
Example #4: Off-day compensation is computed in the same
way as above examples with an automatic
additional two (2) hours pay.
Grand Jury 1100-1200 hours
Traffic Court 1300-1310 hours
Compensation:
Pay - Off day - 2 hours
Pay - Grand Jury 2 hours (x 1-1/2) 1100-1200
Time - Traffic Court 2 hours (x 1-1/2) 1300-1310
Total = 2 hours pay + 3 hours pay + 3 hours time = 5 hours
pay + 3 hours time
Example #5: Dead time compensation is computed in the same
way as above Examples 1 - 3 with an automatic
additional two (2) hours pay.
Grand Jury 1100-1200 hours
Traffic Court 1300-1310 hours
Compensation:
Pay - Dead time - 2 hours
Pay - Grand Jury 2 hours (x 1-1/2) 1100-1200
Time - Traffic Court 2 hours (x 1-1/2) 1300-1310
Total - 2 hours pay + 3 hours pay + 3 hours time = 5 hours
pay + 3 hours time
9. Officers required to appear in court while in a sick with pay
status will be compensated the same as if it were an off-duty
appearance (see Section A.1.). Officers in an injured with pay
status are considered on duty and will receive no compensation.
10. Personnel appearing at the following places will retain the check
issued by that agency as compensation for the appearance:
a. Federal court outside Cincinnati and Covington, Kentucky.
b. An Ohio Liquor Board Hearing, Ohio Board of Nursing, and the
Ohio Board of Pharmacy.
1) An appearance at the above places or an appearance at a
Parole Board Hearing outside Hamilton County or nonlocal
federal courts count as a work day. The check is
retained for miscellaneous expenses incurred while in
that city.
11. An appearance in an out-of-city court other than those in Section
A.10. will be treated as if it were a common pleas appearance in
the city.
a. Witness fees will be surrendered.
b. Mileage fees will be surrendered if a city vehicle is used.
c. Mileage fees received from the subpoenaing jurisdiction for
use of a private vehicle may be retained. If the fee is less
than that paid by Cincinnati, a claim for the difference may
be made to the Fiscal and Budget Section.
d. The member's supervisor will consider reasonable time for
travel to out-of-city courts and will include such time as
part of the compensated court time.
e. Any appearance involving lengthy travel, overnight stays,
etc., will be compensated depending on the time involved, duty
status, and compensation given by the subpoenaing authority.
In these instances the member involved will obtain a statement
from a responsible court official describing time spent in
court or time involved in preparing for case presentation.
These facts will be presented to the Chief, via chain of
command, for his review and determination of compensation.
12. Off-duty time spent in court before or extending beyond the
member's normal work period will be treated the same as in
Sections A.1., A.4., A.5., and A.7.
13. Taking time off or changing normal work hours in order to receive
extra compensation for appearing in court is prohibited.
14. Personnel will only be compensated for court appearances that are
a direct result of legal activities as an employee of the
Cincinnati Police Department. This rule may be waived provided
the detail is initiated and planned by the Police Department.
a. Personnel engaged in employment by a private company or
business establishment in a security, law enforcement, or
other capacity, will use compensatory or other off time for
court attendance in cases which evolve from arrests made on
behalf of the private employer. The employing company is
responsible for proper compensation for these court
appearances.
15. The terms of Sections A.2., A.3., and A.8. will be subject to the
terms of this section:
a. Department personnel can qualify for either off-day or dead
time compensation, but not both at the same time or on the
same day. In addition, afternoon court appearances, which are
treated as separate court appearances under Section A.8., do
not qualify for additional off-day or dead time compensation.
16. When officers are released from court, and receive permission from
their supervisor to start their tour of duty early, there must be
a 15 minute separation between clocking out of court and starting
their tour of duty.
B. On-Duty Attendance:
1. Department personnel will receive regular pay and no other
compensation for appearances in court while on duty except as
noted in Section A.10.
a. When the start of your tour of duty and scheduled court time
are the same, you will be compensated at time and one half for
time spent up to 30 minutes prior to the scheduled appearance
time.
2. Checks received for on-duty court appearances or hearings will be
endorsed, listing the duty status of the officer, and turned in at
the Court Control Unit. This includes checks received from the
following local and state courts of record - criminal and civil:
a. Probate court
b. Local federal court - criminal and civil
1) Cash will be surrendered at the Court Control Unit,
attached to a Form 68P describing the court or hearing.
2) In lieu of claims for overtime, mileage, and other
miscellaneous expenses, personnel attending Ohio State
Liquor Board, Ohio Board of Nursing and Ohio Board of
Pharmacy or Parole hearing outside Hamilton County and
nonlocal federal courts will retain the witness fee check
to cover their own expenses, even though these are all
considered on-duty appearances.
3. On-duty personnel responding to juvenile court, grand jury, or
common pleas court will follow Section A.5.a.
4. Reimbursement for mileage and parking is normally part of the
witness fee for out-of-town appearances. These fees will be
submitted along with the witness fee check except as noted in
Sections A.10. and B.2.b.2).
C. Attendance While Suspended:
1. Personnel receiving a subpoena while suspended and attending a
court hearing are only entitled to compensation from the subpoena.
No compensation will be provided by the Police Department.
D. Verification of Court Appearances:
1. Normally the only records accepted by the Police Department as
verification for off-duty court appearances will be the Form 68P
and witness fee checks issued by the various clerks of courts.
a. The Form 68P must be signed, verifying the member's
appearance by the officer of the court delegated that task.
1) Time will be noted on the court slip in ink by this court
officer.
b. An appearance where the usual record is a witness fee check,
time beyond the first two hours will be documented and signed
on the Form 68P by the Court Control Unit supervisor.
2. Recording and processing time earned for the appearances will be
in accordance with Procedure 12.825.
E. Grievance Hearings:
1. Personnel who are on duty and required by either the city or the
FOP to attend a grievance hearing will be released from duty to
attend. Personnel who are off duty and required to attend a
grievance hearing by the FOP will not be compensated by the city.
2. Personnel who are off duty and required to attend a grievance
hearing by the city will be granted a minimum of three hours
compensation (2 hours X 1-1/2). Any time over two hours will be
compensated for at the 1-1/2 rate.
F. CCA Appearances:
1. Personnel who are off duty and required to respond to the Citizen
Complaint Authority will be granted call back pay as stated in
Section 4 of the Labor Agreement.
COURT TIME COMPENSATION FOR TIME
IN TEN MINUTE INCREMENTS - 1-1/2 RATE
0:01 TO 0:10 = .25 5:01 TO 5:10 = 7.75
0:11 TO 0:20 = .50 5:11 TO 5:20 = 8.00
0:21 TO 0:30 = .75 5:21 TO 5:30 = 8.25
0:31 TO 0:40 = 1.00 5:31 TO 5:40 = 8.50
0:41 TO 0:50 = 1.25 5:41 TO 5:50 = 8.75
0:51 TO 0:60 = 1.50 5:51 TO 6:00 = 9.00
1:01 TO 1:10 = 1.75 6:01 TO 6:10 = 9.25
1:11 TO 1:20 = 2.00 6:11 TO 6:20 = 9.50
1:21 TO 1:30 = 2.25 6:21 TO 6:30 = 9.75
1:31 TO 1:40 = 2.50 6:31 TO 6:40 = 10.00
1:41 TO 1:50 = 2.75 6:41 TO 6:50 = 10.25
1:51 TO 2:00 = 3.00 6:51 TO 7:00 = 10.50
2:01 TO 2:10 = 3.25 7:01 TO 7:10 = 10.75
2:11 TO 2:20 = 3.50 7:11 TO 7:20 = 11.00
2:21 TO 2:30 = 3.75 7:21 TO 7:30 = 11.25
2:31 TO 2:40 = 4.00 7:31 TO 7:40 = 11.50
2:41 TO 2:50 = 4.25 7:41 TO 7:50 = 11.75
2:51 TO 3:00 = 4.50 7:51 TO 8:00 = 12.00
3:01 TO 3:10 = 4.75 8:01 TO 8:10 = 12.25
3:11 TO 3:20 = 5.00 8:11 TO 8:20 = 12.50
3:21 TO 3:30 = 5.25 8:21 TO 8:30 = 12.75
3:31 TO 3:40 = 5.50 8:31 TO 8:40 = 13.00
3:41 TO 3:50 = 5.75 8:41 TO 8:50 = 13.25
3:51 TO 4:00 = 6.00 8:51 TO 9:00 = 13.50
4:01 TO 4:10 = 6.25 9:01 TO 9:10 = 13.75
4:11 TO 4:20 = 6.50 9:11 TO 9:20 = 14.00
4:21 TO 4:30 = 6.75 9:21 TO 9:30 = 14.25
4:31 TO 4:40 = 7.00 9:31 TO 9:40 = 14.50
4:41 TO 4:50 = 7.25 9:41 TO 9:50 = 14.75
4:51 TO 5:00 = 7.50 9:51 TO 10 = 15.00