Each element commander shall establish written procedures
to ensure that the Administrative Driver’s License Revocation
Office (ADLRO) is immediately notified when an employee is
subpoenaed but unable to attend the scheduled hearing.
Service of and response to such subpoenas shall be conducted
in accordance with this directive.
SUBPOENAS DIRECTED AT DEPARTMENTAL PERSONNEL
A. A subpoena may be served on a departmental
employee by a police officer or by any other person
who is not a respondent and is 18 years of age or older.
1. A respondent is a person who is issued a notice
of administrative revocation.
2. Departmental employees shall accept and comply
with all valid subpoenas issued by the ADLRO.
3. Civilians serving subpoenas to departmental
personnel shall not be allowed in areas that are not
normally open to the general public.
B. Respondents are responsible for requesting
the issuance of subpoenas for personnel whose attendance
is sought for the ADLRO hearing. The ADLRO may also
subpoena officers to appear and testify at hearings.
Officers may, but are not required to, accept subpoenas
for the ADLRO hearings that are sent by facsimile transmissions.
PROCEDURES APPLICABLE TO HEARING APPEARANCES
A. Employees may review the original reports
for which they have been subpoenaed that are on file
in the Records and Identification Division. If
they are unable to obtain a report and wish to
review the ADLRO file copy, they may review the
report prior to the hearing.
B. An employee subpoenaed to appear at the
hearing, whether on or off duty, shall report to
the ADLRO at the time listed on the subpoena.
If the employee is off duty, his or her
overtime card will be time-stamped by the receptionist
upon arrival and just before the employee leaves.
The receptionist will also attest to the overtime
by signing the overtime card.
C. Plainclothes and civilian personnel shall
appear at the hearing in attire consistent with
Policy 3.22, DRESS AND GROOMING STANDARDS.
D. Uniformed officers shall appear at the
hearing in the standard uniform as specified in
section III or IV, Policy 2.38, UNIFORMS, EQUIPMENT,
AND FIREARMS, except in the cases listed below:
1. The uniform shall not be worn when an
officer is appearing as the respondent.
2. The uniform shall not be worn when an
officer is present at the hearing in which a
second officer is the respondent and the first
officer has not been subpoenaed to appear as a witness.
REPORTING ABSENCES AND LATE ARRIVALS
A. When an employee will be absent from the
hearing or late in arriving, the employee shall
notify his or her command at least 30 minutes
before the scheduled hearing time. His or her
command shall immediately notify the ADLRO.
The employee shall also attempt to notify the
ADLRO directly to inform the office of the reason(s)
for his or her absence or late arrival.
B. The ADLRO shall report unexcused absences
or late arrivals to the police department via the
assistant chief of the Investigative Bureau. These
reports will be forwarded to the element commanders