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 Fresno
 Code of Ordinances
 Chapter 3. CITY PERSONNEL
 Article 1. PERSONNEL

  § 3-109. LEAVE FOR ATTENDANCE IN COURT.  

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  • (a) Any employee who, during times regularly required for his employment, is compelled by subpoena to attend any hearing or trial for the purpose of testifying, may, with the approval of his department head, absent himself from duty without loss of pay during the period he is required to remain in attendance at such hearing or trial, except that any such employee shall demand and obtain from the person who subpoenas him any fee allowed by law or otherwise payable for such attendance in court, and shall promptly pay over to the Controller and Director of Finance the full amount of all fees received for such attendance in court.

    (b) Any employee who, during times regularly required for his employment, is required to attend any civil court proceeding or administrative hearing wherein he or the city, or both, are parties defendant as a result of an incident arising out of or occurring in the course of his employment, or wherein his testimony or assistance in court is needed in the defense of an action against the city, shall be entitled to absent himself from duty without loss of pay while required to be in attendance in court if the City Attorney, or the attorney representing the city's insurance carrier, determines that such attendance is necessary for a proper defense of the action. If an employee is required to attend any such proceeding or hearing on a day off, he shall be entitled to overtime.

    (c) Any employee who, during times regularly required for his employment, is required to attend the trial of any civil action in court as a party plaintiff where the action arises out of or during the course of his employment with the city shall be entitled to a leave of absence with pay if the Chief Administrative Officer determines that his absence is primarily for the benefit and protection of the city's interest and shall be entitled to a leave of absence without pay if the Chief Administrative Officer determines that his absence is primarily for his own benefit. (Added Ord. 5988, 1961).