AB 2727 – Increases the Daily Fee for Local Agency Employee Whose Attendance at a Civil Action is Compelled by Subpoena

Category: Briefing Room
Date: Dec 30, 2014 07:17 PM

Where an employee of a local agency is subpoenaed to attend a civil action as a witness in litigation regarding an event the employee perceived or investigated in the course of his or her duties, where the local agency is not a party, the local agency must pay the employee their normal salary for time spent preparing for his or her response and appearance, during travel to and from the hearing, and while he or she is required to remain at the hearing under the subpoena.  The local agency must also pay the reasonable traveling expenses incurred by the employee in complying with the subpoena. 

The party that issues the subpoena is required to reimburse the local agency the full cost incurred by the local agency in paying the employee's salary and reasonable traveling expenses.  Existing law required the party issuing the subpoena to tender the local agency $150 for each day the employee was required to remain in attendance under the subpoena.  This legislation increases the amount to $275 per day.

Local agencies should be prepared to request the additional $125 if a subpoenaing party does not tender the increases amount when serving the subpoena.  If actual expenses are less than the tendered amount, the local agency must refund the excess amount.  However, if actual expenses exceed the tendered amount, the party issuing the subpoena must pay the excess.

(AB 2727 amends Section 68096.1 of the Government Code.)

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