Cornell Cooperative
Extension of Tompkins County
Human Resource Policy Manual
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Section:
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Leave
Benefits
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Subject:
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Court Appearance
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Policy:
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Compliance/System
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Code:
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612
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Issued:
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8/9/02
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Association
Adoption:
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5/6/04
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Association Effective Date:
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6/10/04
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Policy Statement - It is important that Association does not
violate its public trust and that it maintains impartiality during any dispute,
especially when the dispute involves litigation. However, we do want to be
as helpful as we can within these guidelines.
Guidelines – The following guidelines will apply when making
a Court Appearance:
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Expert
Testimony usually involves supporting one or the other of the litigants
with fact or a professional opinion. While partiality may not be intended,
it easily can be construed. Service as an expert witness may be construed
as a consulting service. For this reason, extension association staff members
must refuse any request to provide expert testimony. This would include
requests to estimate damages for insurance claims.
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Witness
to the Fact will testify to factual matters within observation. A factual
witness may be compelled to testify by subpoena. If an Association staff
member is subpoenaed, the employee must appear in court. The staff member
should indicate that due to their position, it is important to maintain
public trust and to remain impartial, but that you are more than willing
to serve as a factual witness.
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If
an employee is then subpoenaed to be a witness to the fact, he/she should
notify the executive director. The executive director should contact the
Cornell Extension Representative immediately and notify the Association
attorney, as appropriate. The Cornell Extension Representative and the Director
of Administrative Systems for extension at Cornell are also available to
render advice on how to proceed.
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A
subpoena does mean you do have to follow the request of the subpoena unless
excused. A call to the issuing office to explain the association policy
is appropriate and may result in the withdrawal of the subpoena.
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When
testifying at a trial where the employee is neither defendant nor plaintiff,
and as other than an expert witness, the staff member is eligible for full
pay for every working day he/she is required to be in court; thus, the employee
is not penalized for good citizenship. Under no circumstances should an
employee accept any kind of reimbursement, other than travel costs, for
his/her testimony as this would imply partiality.
Use of Paid Leave - Staff members appearing in
court on their own behalf, or as a defendant or plaintiff, should utilize
accrued vacation, personal leave, or leave without pay.
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