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~._. <br />OFFICE OF THE CITY ATTO~iEY <br />OPINION NO. 76-4 <br />August 18, 1976 <br />~ ~ <br />SUBJECT: Compensation for court appearances on off-duty <br /> time and compensation and liability for officers <br /> involved in police action when off duty. <br />REQUESTED BY: Captain R. H. Stebbins, S.A.P.D. <br />OPINION BY: Keith L. Gow, City Attorney <br />BY: James L. Conkey, Deputy City Attorney <br /> Edward J. Cooper, Deputy City Attorney <br />QUESTION 1: A Santa Ana police officer, off-duty in another <br /> jurisdiction in the State of California, <br /> witnesses a crime and makes an arrest and <br /> releases the arrestee to an officer of the con- <br /> cerned jurisdiction. As a result, our officer <br /> is required to appear in court when off-duty. <br /> Is the City of Santa Ana required to pay for <br /> this court appearance? <br />ANSWER 1: Yes, the officer must be acting as a peace <br />officer within the scope of Penal Code §830.1, <br />and be on call during his off-duty hours. Off <br />duty service requirements are stated in Police <br />Department Rules and Regulations §10.91. <br />Additionally, a Notice of Consent was recorded <br />March 4, 1976, providing for prior consent of <br />the Sheriff and Chiefs of Police of Orange <br />County cities. <br />QUESTION 2: Is there a legal obligation for the concerned <br />jurisdiction to pay our officer? <br />ANSWER 2: No. <br />QUESTION 3: If an officer from another jurisdiction was called <br />as a witness in a Santa Ana case, and was not paid <br />