AGENDA #4c

memorandum

to:                  Mayor and Town Council

from:            W. Calvin Horton, Town Manager

                        Ralph D. Karpinos, Town Attorney

subject:      Technical Correction to Personnel Ordinance

date:            February 13, 2006

Enactment of the attached ordinance would make it clear that Town employees who are subpoenaed to Court as witnesses in any judicial proceeding would receive leave with pay for such service.

BACKGROUND

The first sentence of section 14-87 of the Town Code of Ordinances currently provides:

An employee called for jury duty, or as a court witness for the federal or state governments or a subdivision thereof, by subpoena, shall be entitled to leave with pay for such duty in addition to keeping fees received for such duty provided documentation is made for each day.

A strict reading of this language would mean that an employee would not be eligible for leave with pay unless the party issuing the subpoena is a governmental agency. 

A review of ordinances indicates that some other cities and towns in North Carolina, for example Durham, High Point and Fayetteville, grant leave with pay to subpoenaed witnesses.  Other cities’ ordinances, including Cary and Garner, are similar to the Chapel Hill’s current language and restrict leave with pay to witnesses subpoenaed as witnesses for a governmental body.

DISCUSSION

Service as a witness in a civil or criminal trial is an important civic duty.  We believe that no distinction should be made with respect to an employee receiving leave with pay based on whether or not the party issuing the subpoena is a public agency.  The attached ordinance amendment would clarify that subpoenaed witnesses would receive leave with pay, with the exception of cases in which the employee is a party to the proceeding.

RECOMMENDATION

We recommend that the Council enact the attached ordinance to provide that employees subpoenaed as witnesses would be entitled to leave with pay.