12.01.06 - Receipt of Subpoenas
CITY OF BOYNTON BEACH, FLORIDA ADMINISTRATIVE POLICY MANUAL CHAPTER: 12 Risk Management Policy No. 12.01.06 SECTION: 01 Risk Management Policies Page: 1 of 2 SUBJECT: 06 Receipt of Subpoenas,
Summons and Complaints, Notices of Deposition, Requests for Information. PURPOSE: The purpose of this policy is to establish the procedure for receipt and handling of subpoenas, Summons
and Complaints, Notices of Deposition, and requests for information from City employees in a manner, which is in the best interests of the employees and the City of Boynton Beach. (Exception:
This procedure does not apply to the Police or Fire Departments’ criminal cases.) PROCEDURE: Subpoenas, Summons & Complaints, Notices of Deposition, Requests for Information: This procedure
will apply to any and all requests for information and any and all subpoenas, Summons and Complaints, and Notices of Deposition, received by an employee due to his/her official position
with the City, whether or not the incident directly involves the City. 1. All subpoenas, Summons and Complaints, and Notices of Deposition, except those directed to a specifically named
employee shall be received by the City Attorney’s Office. Subpoenas, Summons and Complaints, Notices of Deposition, directed to named employees shall not be received by anyone other
than the named employee 2. Any employee receiving a subpoena, Summons and Complaint, Notice of Deposition, or request for information involving a lawsuit or potential lawsuit shall immediately
notify the City Attorney’s Office prior to making any contact with the attorney(s) listed on the Subpoena, Summons and Complaint, Notice of Deposition, or Request for Information. The
City Attorney or his/her designee will then coordinate with the named department and/or employee to assure compliance. This will enable the City Attorney’s Office to coordinate any legal
counsel for the employee as deemed necessary prior to the employee having to make any statements or release any information. This will also enable employees to cooperate with outside
counsel or investigators without fear of future repercussions. 1
2 3. Those subpoenas, Summons and Complaints, and Notices of Deposition involving claims against the City of Boynton and any named employees, managed by the Risk Management Department,
will be directed to the Risk Management Department. 4. All Requests for Public Information submitted under Florida Statutes Section 119, shall be submitted to the City Clerk’s Office
for collection and distribution. This procedure eliminates employees from being forced into a litigious environment without proper representation and allows the legal review of such
requests being made of the City. DEVELOPED BY: City Attorney, Risk Management Dept., and City Clerk EFFECTIVE DATE: June 1, 2000 REVISED: January 15, 2004 REVISED: July 11, 2008 Kurt
Bressner Kurt Bressner City Manager