Appearance as a Witness for PIC Matters

Download as PDF
Revision/Review Date Board Approval Date Effective Date

Policy

 It is the policy of PIC to cooperate with the administration of justice.  It is also the policy of PIC to preserve confidential information regarding its consumers, and to comply with confidentiality requirements of state and federal law and its grants, to avoid the appearance of partiality among its consumers and their families.

Practice

  1. Witness in Legal Proceedings
    1. Any full-time or part-time employee who is subpoenaed to appear, testify or give a deposition on any matter concerning or involving PIC will be paid her or his regular rate of pay for time spent appearing, testifying or being deposed.
    2. Any witness payment received by an employee from other sources for appearing, testifying or being deposited on a matter concerning or involving PIC will be transferred to PIC by the employee.
    3. Any employee who appears, testifies or gives deposition in matters not concerning or involving PIC will not be paid for time spent during such appearances whether or not under subpoena.  Employees who receive a subpoena to appear must notify their supervisor as soon as possible.
    4. PIC will not penalize or threaten to penalize a victim of any crime because the victim is subpoenaed or requested by the prosecuting attorney to attend a court proceeding for the purpose of giving testimony. In this subsection, "penalize" means to take action affecting the employment status, wages, and benefits payable to the victim, including: 
      1. demotion or suspension;
      2. dismissal from employment; and
      3. loss of pay or benefits, except pay and benefits that are directly attributable to the victim's absence from employment to attend the court proceeding.
  2. If an employee or volunteer is asked or subpoenaed to appear, testify or give a deposition on any matter that may concern or involve PIC, that person shall contact his or her immediate supervisor and advise them of the request or subpoena.
  3. The immediate supervisor shall ensure that the employee or volunteer receives guidance regarding confidentiality requirements and PIC policies that may apply to the situation such as confidentiality.  The supervisor shall also provide guidance concerning the employee or volunteer’s authority to make representations of PIC or to assume any additional services, duties or responsibilities for PIC.
  4. This policy applies on any matter that may concern or involve PIC.  This includes but is not limited to situations in which an employee or volunteer is asked or subpoenaed to appear, testify or give a deposition:
    1. as an expert witness, in an area of expertise for which he or she is employed by PIC; or
    2. regarding consumers of PIC; or
    3. regarding information learned in the course of his or her employment with PIC; or
    4. to represent PIC; or to represent the policies and attitudes of PIC, as for example, whether PIC would provide services as a third-party custodian for bail release, or 
    5. would supervise visitation in a custody action.
  5. This policy does NOT apply when requested or subpoenaed to appear in a private matter that does not in any way involve PIC.
  1. If the Executive Director, Manager, or employee is asked or subpoenaed to testify, the employee shall re-familiarize himself or herself with the confidentiality requirements that may apply and any pertinent policies and practices, and if practical should, with such degree of formality as the employee may decide is appropriate, notify any granting agency that may be involved of the upcoming appearance.  Such notification could be as informal as a telephone call.
  1. Employees’ and volunteers’ legal and ethical obligations regarding confidential information pursuant to HIPAA remain in effect at all times.