HomeMy WebLinkAboutRESOLUTION NO 17 05 419I
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STATE OF GEORGIA
COUNTY OF FULTON
RESOLUTION NO. 17-05-419
A RESOLUTION TO ESTABLISH A FIXED-RA TE CIVIL APPEARANCE FEE FOR
LAW ENFORCEMENT OFFICERS OF THE CITY OF MIL TON
WHEREAS, Official Code of Georgia Annotated ("O.C.G.A.") § 24-13-28(c)(l)
provides, in part, that,
" ... any law enforcement officer who shall be required by subpoena to attend any
court of this state with respect to any civil proceeding, as a witness concerning any
matter relative to the law enforcement duties of such law enforcement officer
during any hours except the regular duty hours to which the law enforcement officer
is assigned, shall be paid for such attendance at a fixed rate to be established by the
governing authority ... ";
WHEREAS, O.C.G.A. § 24-13-28(a)(2) provides that the term "law enforcement officer,"
as used in that Code section, includes any member of a municipal police force;
WHEREAS, O.C.G.A. § 24-13-28(a)(3) provides that "regular duty hours," as used in that
Code section, means,
"the daily shift of duty to which a law enforcement officer is assigned and shall not
include paid or unpaid vacation, paid or unpaid sick leave, paid or unpaid holiday
leave, or any other paid or unpaid leave status established pursuant to the personnel
regulations or scheduling practices of the employing agency";
WHEREAS, the Mayor and the City Council, as the governing authority of the City of
Milton, have determined that, in accordance with O.C.G.A. § 24-13-28(c)(l), a fixed-rate witness
fee for City law enforcement officers should be established; and
WHEREAS, O.C.G.A. § 24-13-28(d) provides that such fixed-rate fee shall not be paid if
the law enforcement officer receives any overtime pay for time spent attending such court pursuant
to the subpoena.
NOW THEREFORE BE IT RESOLVED by the Mayor and Council of the City of Milton
("City") that:
1. Any member of the City Police Department who is required by subpoena to attend any
court of this state with respect to any civil proceeding, as a witness concerning any matter
relative to the law enforcement duties of such law enforcement officer during any hours
except the regular duty hours to which the law enforcement officer is assigned, shall be
paid at a fixed rate of $50.00 per hour, or portion thereof, with a two-hour minimum.
2. The witness fee payable to the subpoenaed law enforcement officer shall be paid, together
with any other fee such law enforcement officer may be entitled to receive, by the issuer
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of the subpoena in accordance with the provisions of this Resolution, in accordance with
O.C.G.A. § 24-13-28(c)(l), and in accordance with any other applicable local, state or
federal law.
3. No fee will be due to a law enforcement officer subpoenaed pursuant to O.C.G.A. § 24-13-
28 if such law enforcement officer receives any overtime pay for the time spent attending
such court pursuant to the subpoena.
SO RESOLVED, this l51 day of May, 2017.
Attest:
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