DGO3.14 "Civil Legal Process"

3.14.01 PURPOSE

This order establishes the policies and procedures for accepting service of and responding to legal processes in civil actions where the San Francisco Police Department (Department) and/or an employee is a named party for conduct within the course and scope of employment.

3.14.02 DEFINITIONS

A. Action - A legal proceeding brought by one party against another. Synonymous with "suit" or "lawsuit".

B. Complaint - A statement by the plaintiff setting forth a cause of action and a request for relief from the Court. Usually accompanied by a Summons, together called a "Summons and Complaint."

C. Deposition - The testimony of a witness taken out of court but under oath, reduced to writing, and authenticated for later use in the trial of an action in court.

D. Process - Any writ, order, notice, summons, or other writing by which a court exercises its jurisdiction and compels a person to "appear" before it.

E. Service of Process - Notifying a person that he or she has been named as a party to a lawsuit or has been accused of some offense. Process consists of a summons, citation, or warrant, to which a copy of the complaint is attached.

F. Summons - Notice to respond to a complaint within a specified period. Usually accompanied by a complaint, together called a "Summons & Complaint."

G. Subpoena - A judicial writ, commanding a witness to appear and give testimony on the cause named therein. An order which directs the appearance of a witness.

H. Subpoena Duces Tecum - An order which directs the production of documents or records. The personal appearance of a witness may or may not be required.

I. Writ - A written court order commanding that something be done.

3.14.03 POLICY

All Department employees shall appear as directed by a served, lawful subpoena, regardless of work status (i.e. suspension, disability, vacation, on or off duty, training, etc.). Failure to comply may result in a default judgment, and the employee may be subject to criminal action, adverse civil action, and administrative discipline (Penal Code § 166(a)(4) , Penal Code § 1331; Civil Code § 1211 & Civil Code § 1212). 

All Department employees shall cooperate with attorneys and investigators of the City Attorney's Office when the Department is a party to the lawsuit and/or an Department employee is a named party in their official capacity.

3.14.04 PROCEDURES

A. Discussions with Attorneys and Investigators

1. Attorneys and investigators representing the City and County of San Francisco (CCSF):
   1. Members who are contacted directly by a Deputy City Attorney without having received an internal Order shall contact the Legal Division to confirm that they have been detailed to meet with the representative.
   2. Unless subpoenaed, members are reminded that they are not required to discuss employment responsibilities and duties, or the facts of any case, with any attorney or investigator other than the City Attorney's Office.

2. Attorneys and investigators who do not represent the CCSF or any of its departments:

   If a member is contacted directly by any attorney or investigator other than from the City Attorney's Office where the Department is a party to the lawsuit or an employee is a named party in their official capacity, the member shall:

   1. As soon as practicable, inform the Legal Division and the City Attorney's Office.
   2. Members who choose to discuss such topics should understand that their statements could be used later to their detriment.

B. Summons and Complaint - In civil actions naming the Department and/or an employee for actions resulting from duties in an official capacity, proper service should be conducted at the Office of the Mayor at City Hall.

C. Adverse Party Memorandum - Members shall notify their Commanding Officer by memorandum when summoned to appear in a civil proceeding which names the member as a party to the action for having acted in their capacity as an employee or names the City or the Department as parties to the action, and where such notice did not originate from the Court Liaison Unit or the Legal Division.

1. The memorandum shall identify who requested the appearance and include a brief statement of the testimony the member expects to provide. 
2. When the appearance occurs before the Legal Division has had a reasonable chance of receiving the memorandum and making the proper notification, the member shall call the Legal Division.

D. Civil Subpoena for Appearance at Trial or Deposition

1. Should the Court Liaison Unit receive a civil subpoena for an employee's attendance at trial or a deposition for a case in which the Department or a Department employee is a named party, the subpoena will be accepted and forwarded to the City Attorney's Office.
2. Subpoena Duces Tecum – In civil actions naming the Department and/or a Department employee for actions resulting from duties in an official capacity, proper service should be conducted at the Court Liaison Unit. 
3. Department employees may or may not be separately served with deposition or trial subpoenas when represented by the City Attorney's Office. The City Attorney's Office is designated to accept service of these subpoenas on behalf of the Department when the Department or its employees are named parties (but not when representing another city department where CCSF is the named party). Instead, when the Department or a Department employee is a named party, the employee will likely learn of their appearance obligations through a Legal Division Order (to Call or to Appear) for the City Attorney's Office rather than by subpoena service through the Court Liaison Unit.
4. Compensation request for civil court appearances in which neither the City nor the Department is a party will be processed, reviewed, and certified by the Accounting Section of the Fiscal Division. These requests must be sent to the Accounting Section along with a copy of the subpoena and the record of Civil Court Appearance (SFPD 203) approved by the requesting employee’s commanding officer. Compensation will be determined by the current Memorandum of Understanding between the City and the San Francisco Police Officers’ Association.

E. Personal or Non-Departmental Litigation - Department employees receiving subpoenas for off-duty incidents not related to their employment, the City, nor the Department, will not be compensated for their appearance.

F. Preservation - Members may receive a "Litigation Hold" letter from the City Attorney's office to preserve all documents and information relevant to litigation. Members shall adhere to this obligation.