Handbook of Operating Procedures 5-4420

Witness Service

The University of Texas at Austin
Executive Sponsor: Vice President for University Operations
November 1, 2001

 


 

  1. Policy Statement

The University of Texas at Austin provides paid administrative leave to an employee subpoenaed or otherwise compelled to serve as a witness (other than a paid expert witness) in a judicial or legislative hearing to which he or she is not a party.

 

  1. Scope

This policy applies to any employee who is subpoenaed or otherwise compelled to serve as a witness (other than a paid expert witness) in a judicial or legislative hearing to which he or she is not a party.

 

  1. Compensation

In order for employees to receive compensation for witness service, employees shall furnish their immediate supervisor with a copy of a subpoena or summons unless they appeared as a witness pursuant to stipulations by University counsel.

 

  1. Appearance in an Official Capacity. Employees called to appear in their official capacity and paid a witness fee shall not retain that fee, but shall deliver that fee along with the subpoena to the Office of the Senior Vice President and Chief Financial Officer after their appearance. Employees may receive expense disbursements and mileage allowances for serving as a witness as long as there is not double reimbursement to the employee for those expenses.
  1. Appearance in an Unofficial Capacity. An employee is entitled to any customary witness fees if not appearing in an official University capacity and if testifying from personal knowledge concerning matters related to the inquiry.

  1. Expert Witness

Expert witness activities are governed by the existing rules regarding outside employment.

 

An employee who appears as an expert witness is entitled to accept expert witness fees and other monetary compensation only if the appearance is made on the employee's own leave time including travel time. If an employee does not have the appropriate accrued leave, then the employee must take leave without pay.

 

  1. Employee Responsibilities

Employees shall report to work when they are not actually in a court or legislative hearing or serving in connection with such service.

 

Employees shall provide the supervisor with a copy of their subpoena or summons, and shall promptly and accurately record the use of leave.

 

  1. Supervisor Responsibilities

The supervisor shall review the documentation and shall make any necessary adjustments in the workforce. The supervisor must review and approve the leave, verify that the employee has accurately recorded the leave, and sign the time report.

 

  1. Delegation of Authority

Authority is hereby delegated to the department head or designee to determine work schedules and approve use of leave.

 

For Assistance: Questions regarding witness service should be directed to the Human Resources, Benefits Services Section, or to the website: http://www.utexas.edu/hr/.

 

Electronic time sheet website: https://utdirect.utexas.edu/pntime.

 

Source: Texas Government Code 659.005;


Previously HOP 7.F.16