3-700 Over Time and Court
3-701 OVERTIME POLICY (12/28/01)
Overtime accrual shall be kept to a minimum. Normal administrative and supervisory activities shall be accomplished during assigned work hours.
Overtime accrual without prior approval may be denied by a supervisor. Overtime accrual will only be allowed for specific department-related reasons.
Overtime records will be audited by MPD Payroll personnel on a biweekly basis.
Overtime may be accrued for court time when such time occurs outside of compensated City time. The court case must be related to an incident arising from the employee’s department employment or from acting in a law enforcement capacity. Compensation shall be in accordance with existing individual labor agreements.
In the event that a Middle or Night Watch employee receives a Subpoena/Trial Notice for a civil trial, the employee shall notify their supervisor immediately. If it is determined that the trial may be prolonged, the supervisor shall attempt to temporarily modify the employee’s work hours, within the scope of the employee’s individual labor agreement, to accommodate the trial schedule.
Prior authorization for compensatory time usage is required.
3-701.01 CALCULATION OF OVERTIME (12/28/01)
Overtime earned and compensatory time used will be calculated consistent with existing individual labor agreements. Overtime earned will be credited to the nearest one-quarter hour. Compensatory time used will be debited to the nearest one-quarter hour.
3-701.02 EXTENSION OF WORK HOURS (12/28/01)
When overtime ends 60 minutes or less before work shift or when time starts 60 minutes or less after the employee’s worked shift, it will be considered an extension of duty/shift.
When overtime ends more than 60 minutes before or starts more than 60 minutes after the employee’s worked shift, the overtime is not considered an extension of work hours.
3-701.03 MAXIMUM ALLOWABLE COMPENSATORY TIME CREDIT (12/28/01)
The maximum amount of compensatory time credit a sworn officer or non-exempt civilian employee is normally allowed to maintain is specified by individual labor agreements.
3-701.04 EMERGENCY CALLBACK OVERTIME REQUESTS (12/28/01)
Emergency callbacks shall be compensated in accordance with existing individual labor agreements.
3-701.05 APPROVAL OF OVERTIME REQUESTS (12/28/01)
All accrued compensatory time requests must be electronically entered into the MPD timekeeping system by the employee and must be approved by the employee’s immediate supervisor.
The Chief of Police or the Deputy Chief/Director of the Internal Services Bureau may authorize specific personnel, under special circumstances, to approve overtime requests as part of their duties, i.e., Court Liaison.
3-701.06 PROHIBITED ACTS – OVERTIME (12/28/01)
Employees shall not change, or cause to be changed, a scheduled workday to a non-work day in order to accrue overtime. Employees may not use compensatory time that results in a negative balance.
Supervisors should not change a scheduled workday to a non-work day if a court appearance is scheduled during the employee’s shift hours. Supervisors should review the subpoena log prior to finalizing the posted schedule to ensure that scheduled court appearances occur during work hours whenever possible.
Compensatory time shall not be accrued or overtime shall not be paid when an employee is also accruing time for any city paid hours, including, but not limited to: sick, compensatory time used, paid holiday, Family Medical Leave Vacation (FMV), FMS (sick), FMC (compensatory time), P.A.L. time used, floating holiday taken, paid suspension, military leave, injured on duty, relieved of duty, jury duty, funeral leave, special duty, worker’s compensation, or absent without leave.
Overtime cannot be accrued for non-emergency medical or physical therapy treatments for those employees on IOD status.
3-702 SHIFT MEETINGS (12/28/01)
Shift meetings shall be scheduled as an extension of a shift. Employees having worked that shift are eligible for overtime compensation to a maximum of one and one-half hours. Off-duty employees may attend on a voluntary basis and will be given one and one-half hours of overtime for the meeting.
Precinct shift meetings shall be held quarterly and shall take place within MPD facilities. The Commander shall approve the agenda prior to the meeting.
3-703 DEFINITIONS APPLYING TO COURT-RELATED OVERTIME (12/28/01)
The following definitions shall apply to court-related overtime:
Court-Related Overtime: Any compensatory time or paid overtime earned as a result of a court trial or court-related activity.
Subpoena: An official court order for an individual to appear in court. The Subpoena remains in effect until the case is over or the Issuing Authority excuses the individual under Subpoena.
Trial Notice: A City Attorney document comparable to a Subpoena, whereas the same procedures and meanings apply as described for “Subpoena.”
Appear: A directive on a Subpoena or Trial Notice ordering an individual to appear in court. The order to appear may be superseded by a notation or an oral directive of “Standby.”
State Statute allows for modifications to be made to a Subpoena by the Issuing Authority.
Standby: An off-duty status in which an employee must:
- Be reachable by phone, cell phone or pager; and
- Be in court within one hour of such call
An employee who is on “Standby” is eligible for “Standby” compensation per individual labor agreement.
Subpoena or Trial Notice with a “Standby” Designation:
A Subpoena or Trial Notice that specifies by notation that the employee is on “Standby.” This notation supersedes the order to appear for trial, and directs the employee to remain on “Standby” for the period stated on the Subpoena or Trial Notice. For example: Day 2 – 9:00 a.m. to 1:00 p.m. means that the employee is on standby the second day of the trial from 9:00 a.m. until 1:00 p.m. Days of trial normally exclude weekends and holidays. (See Standby Court Time).
Issuing Authority: Refers to the court, attorney, or representative of the court or attorney who has issued a Subpoena or Trial Notice with or without a “Standby” designation.
Direct Contact: In person or telephone communication between an individual delivering a message and an individual intended to receive the message (Does not include voice mail, or second party messages).
3-704 THE COURT LIAISON FUNCTION (12/28/01)
The Court Liaison function is housed in two locations. Court-related overtime involving civil cases are processed through the Court Liaison office located in the City Attorney’s Office, 300 Metropolitan Center. Court-related overtime involving criminal cases are processed through the Court Liaison office located in Room 210 ½, City Hall. Duties of Court Liaison personnel include:
- Distribution of Subpoenas and Trial Notices to precincts, units and divisions.
- Monitoring and coordinating court appearances.
- Approving all court and Civilian Review Authority-related overtime (Verification is required from the judiciary or Civilian Review Authority).
- Coordinating court “Standby” between MPD employees and attorneys.
- Reporting complaints or policy violations to an employee’s Commander.
3-705 PROCESSING SUBPOENAS AND TRIAL NOTICES (12/28/01)
All Subpoenas and Trial Notices issued to MPD employees by the County and City Attorney’s Office are processed by Court Liaison personnel and distributed to the appropriate precincts, units and divisions. Each precinct, unit and division is responsible for recording the receipt of all Subpoenas and Trial Notices on a Subpoena Log Sheet (MP-6806).
It is the supervisor’s responsibility to ensure prompt and verifiable delivery of Subpoenas and Trial Notices to MPD employees. Supervisors shall deliver the Subpoenas and Trial Notices in person to the employee when the employee reports for work. If an employee is off, and will not return to work within five days, notification by direct phone contact is required (no voicemail messages, no second party messages). If the employee is contacted by phone, all pertinent information on the Subpoena or Trial Notice shall be relayed to the employee. The supervisor shall record current phone numbers where the employee may be reached, indicate that delivery was made by phone, initial and identify their employee number on the Subpoena or Trial Notice receipt. The supervisor shall then interoffice mail the receipt(s) to Court Liaison personnel within 24 hours. It may be appropriate to notify the Issuing Authority.
Upon receiving the Subpoena or Trial Notice, the employee shall make notation of current phone numbers, sign, date, and return the Subpoena or Trial Notice receipt to the serving supervisor. The serving supervisor shall then interoffice mail the receipt(s) to Court Liaison personnel within 24 hours.
If a Subpoena or Trial Notice is issued on short notice or the employee is off for an extended period of time (more than five working days), and will not return to work before the date of appearance, notification by direct phone contact is required (no voicemail messages, no second party messages). If the employee is contacted by phone, all pertinent information on the Subpoena or Trial Notice shall be relayed to the employee. The supervisor shall record current phone numbers where the employee may be reached, indicate that delivery was made by phone, initial and identify their employee number on the Subpoena or Trial Notice receipt. The supervisor shall then interoffice mail the receipt(s) to Court Liaison personnel within 24 hours. It may be appropriate to notify the Issuing Authority.
A supervisor may determine that a Subpoena or Trial Notice is “undeliverable” due to extended leave, hospitalization or other extenuating circumstances. The supervisor shall note such reason and the date the employee is expected to return to work on the Subpoena or Trial Notice and return it immediately to Court Liaison personnel.
Accelerated Subpoenas and Trial Notices such as juvenile cases or Drug Court shall be processed through Court Liaison personnel. Court Liaison personnel shall contact the employees involved or their supervisor. If the Subpoena or Trial Notice is deemed “undeliverable,” it shall be returned immediately to the Court Liaison. It may be appropriate to notify the Issuing Authority by phone.
Requests for compensation, as a result of other court jurisdictions, (e.g., Federal and out-of-state court jurisdictions), must be sent to Court Liaison personnel along with a copy of the Subpoena. The Subpoena must be signed by the attorney and must have the starting and ending time the employee was required to be in court or was placed on standby.
3-706 SUBPOENAS OR TRIAL NOTICES – EMPLOYEE RESPONSIBILITY (12/28/01)
Upon notification, by Subpoena or otherwise, employees shall make all scheduled appearances for court, trial, implied consent hearings and complaint signing.
A Subpoena or Trial Notice is an order to appear in court. State Statute does allow the issuing authority to modify the order to appear. A notation or an oral directive of “Standby” is such a modification and supersedes the order to appear. (See section on “Definitions”)
Upon direct receipt of a Subpoena or Trial Notice, the employee shall indicate on the receipt portion of the Subpoena or Trial Notice all current phone numbers, including cell phone and pager numbers where the employee may be contacted. The receipt shall then immediately be returned to the supervisor serving the Subpoena or Trial Notice.
If an employee receives notice of a Subpoena or Trial Notice through direct phone contact with a supervisor, the employee shall provide the required phone numbers to the supervisor. The supervisor shall complete the Subpoena or Trial Notice receipt for the employee and relay all pertinent court information on the Subpoena or Trial Notice to the employee. The Subpoena or Trial Notice shall then be placed in the employee’s office mailbox for final delivery.
Upon receipt of a Subpoena or notification thereof, the employee must make direct contact with the court representative indicated on the Subpoena or that person’s designee. This is to determine any “Standby” period and to receive specific trial information. Contact shall be made during regular business hours on the first business day after receipt of the Subpoena.
If a conflict with the date of trial or specified standby period is known or arises, the employee shall notify the issuing authority during regular business hours on the first business day that the conflict is known to exist. Employees must obtain permission from the Issuing Authority to be excused from court or to make alternative arrangements.
Upon receipt of a Trial Notice, direct contact with a court representative is not required unless a known conflict exists.
3-707 STANDBY COURT TIME (12/28/01)
Standby court time is time spent being available to proceed immediately to court for the purpose of testifying. Employees on “Standby” status must be available by telephone or pager and available to return the phone call/page within a 5-10 minute time frame. If notified to appear, employees on standby must appear in court within one hour.
The City and/or County Attorney or their designated representative will submit a completed Court/Standby Verification Form (MP-6105) to Court Liaison personnel for each employee that is to be placed on standby. Court Liaison personnel or a court representative may request an unsubpoenaed off-duty employee to appear or be on standby. An unsubpoenaed on-duty employee may be placed on standby.
Employees shall not request to be placed on standby, but should request that verification be sent to Court Liaison personnel if placed on standby.
Court Liaison personnel will maintain all Court/Standby Verification forms (MP-6105).
Normal standby status in the A.M. hours begins at 1000 hours and ends at 1200 hours. In the P.M., hours, standby begins at 1300 hours and ends at 1600 hours, unless the attorney or their representative notifies Court Liaison personnel of an extension or termination of standby and of any special circumstances. Standby hours will be stated on the subpoena. Any changes in standby hours will be relayed to the employee by Court Liaison personnel or court representatives.
Compensatory time for court standby will be credited per individual labor agreements.
3-708 APPLYING FOR COURT-RELATED OVERTIME (12/28/01)
Employees applying for court-related overtime shall enter the request into the MPD’s electronic timekeeping application. The defendant’s full name must be entered into the “comments” section of the request. The electronic request can only be approved by Court Liaison personnel.
Electronic overtime requests should be submitted within the pay period earned. The appropriate court-related “OT Code” must be entered. The “actual OT DATE” must be the date of the court appearance or standby. For court appearances, employees must submit a signed Subpoena, Trial Notice, Implied Consent Notice or Court/Standby Verification form (MP-6105) to Court Liaison personnel.
If an employee receives a Subpoena or Trial Notice and is called to court or is put on standby, he/she shall receive overtime as stated per individual labor agreement.
3-709 OVERTIME POLICY FOR OFFICE OF POLICE CONDUCT REVIEW, INTERNAL AFFAIRS AND POLICE FEDERATION (12/28/01) (12/14/07) (05/03/13)
- When a sworn employee receives notice to meet with the Office of Police Conduct Review (OPCR), Internal Affairs Unit (IAU) or the Police Officers Federation of Minneapolis (POFM) in conjunction with an investigation, the sworn employee shall schedule such appointments during their normal work hours on a day that they are scheduled to work. (05/03/13)
- Mid-watch employees shall schedule their appointments at the beginning of their shift.
- Night-watch employees shall schedule their appointments to immediately follow the end of their scheduled shift and code the time entry as an extension of shift.
3-710 COMPLAINT SIGNING, DEPOSITIONS, PROLONGED TRIAL APPEARANCES, ETC. (12/28/01)
Commanders are responsible for arranging to have complaints signed, depositions given, etc., during an employee’s work hours whenever possible. Court Liaison personnel will review and approve requests for overtime due to complaint signing, depositions, etc. A copy of the signed complaint or written authorization from the employee’s supervisor must be provided to Court Liaison. (10/04/90)
3-711 OVERTIME FOR OFF-DUTY TELEPHONE CALLS (12/28/01)
Employees who must conduct police-related business over the telephone while off-duty will be granted overtime providing they abide by the following standards:
- Employees shall conduct all telephone business during work hours whenever possible. Only calls that cannot be made or received during normal work hours because of emergency or exigent circumstances will be considered legitimate for granting overtime. Requests for overtime for calls that could have reasonably been made or received while at work or for calls that were not an absolute business necessity will be denied.
- When court-related business is conducted off-duty and according to the above provisions, employees must record and submit to Court Liaison personnel the following:
• Time the conversation started and ended;
• Name of the person with whom they were speaking;
• Subject matter of the conversation;
• Phone number of the person with whom the business was conducted;
• Supervisor’s confirmation and approval
Confirmation of all the above facts will be required before any overtime is granted.
Overtime will be accrued according to the following rules:
• No overtime will be granted for calls less than or equal to 15 minutes.
• Straight time will be granted for business-related calls that exceed 15 minutes.
3-712 EMPLOYEES LATE OR FAILING TO APPEAR FOR COURT (12/28/01)
Court Liaison personnel monitor court appearances and case dispositions for the MPD. Employees unable to attend court for legitimate reasons shall notify the agency issuing the Subpoena or Trial Notice on the first business day the conflict is known to exist. Unacceptable absences may include, but are not limited to, off-duty employment, local training, or childcare issues.
Unexcused tardiness or absences from court appearances that result in the dismissal of a case or generate a written complaint will be documented on a Policy and Procedure Inquiry (PPI) and forwarded to the employee’s Commander.
Court Liaison personnel will not issue any court-related overtime to employees late for court if the case has been dismissed due to the employee’s tardiness.
3-713 TESTIFYING FOR THE DEFENSE AND WITNESS FEES (12/28/01)
Employees testifying for the defense in a civil trial against the City of Minneapolis, the MPD, or in another jurisdiction shall notify their commander in writing upon receipt of the Subpoena.
Employees shall not accept witness fees, stipends or remuneration for any court-related event, statement, or interview occurring during City-compensated time. Non-government agencies, such as law firms and insurance companies, wishing to interview an employee concerning events they were involved in relating to the scope of their employment, shall schedule the interview by notifying his/her supervisor and scheduling the interview during work hours.
When giving a statement or testifying in litigation cases not involving the City of Minneapolis, while on City time, a fee of $150.00 per employee, payable to the City of Minneapolis, shall be charged to the non-government entity per session. The non-government agency requesting the interview shall be informed of the fee prior to the interview and that payment is due at the time of the interview. Employees shall send the payment received to MPD Finance with a memo noting the date and reason for the payment, including the case number if applicable. (08/26/05)
While off-duty, and for incidents not involving the City of Minneapolis, employees may retain witness fees or compensation from outside agencies for any statements or testimony given. (08/26/05)
3-714 COURT PARKING AND VALIDATION (12/28/01) (08/27/14)
All officers appearing for court who wish to have their parking validated, shall park at the HAAF RAMP located at 424 4th Street South.
1. Upon entry to the Haaf Ramp you will receive a parking ticket stub.
2. Bring the parking ticket stub to Room 108 – CID at City Hall for validation before court to obtain a parking pay ticket.
3. When exiting the parking ramp, insert the original parking ticket stub, then insert your pay ticket to exit the ramp.
Note that if you are scheduled to appear in court in the afternoon allow time to go to Room 108 prior to court to obtain parking validation, the front desk to Room 108 is manned only from 0800-1600.