Chapter 1.11
CITY ATTORNEY SUBPOENA POWER
Sections:
1.11.010 Enforcement of local laws.
1.11.020 Enforcement of Federal or State law.
1.11.010 Enforcement of local laws.
(A) In investigating any matter where the City Charter, this code or any other ordinance of the City grants or affords to the City Attorney the duty or power to investigate, enforce, or prosecute a matter, the City Attorney shall have the power to inspect, upon reasonable notice, all papers, books, accounts, records, documents and other items that may be relevant to the City Attorney’s investigation, enforcement action or prosecution.
(B) The City Attorney shall also have the power to issue subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents or other items that may be relevant to the City Attorney’s investigation, enforcement action or prosecution.
(C) The City Attorney may exercise these powers prior to or following the filing of any civil, criminal, or administrative action to the fullest extent allowed by law. (Ord. CCO-20-04 § 1, 2020)
1.11.020 Enforcement of Federal or State law.
(A) Unless otherwise prohibited by Federal or State law, in investigating, enforcing or prosecuting any matter where Federal or State law grants or affords to the City Attorney the duty or power to investigate, enforce, or prosecute any matter under Federal or State law, the City Attorney shall have the power to inspect, upon reasonable notice, all papers, books, accounts, records, documents or other items that may be relevant to the City Attorney’s investigation, enforcement action or prosecution.
(B) The City Attorney also shall have the power to issue subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence and to issue subpoenas for the production of any books, papers, records, accounts, documents, or other items that may be relevant to the City Attorney’s investigation, enforcement action or prosecution.
(C) The City Attorney may exercise these powers prior to or following the filing of any civil, criminal, or administrative action to the fullest extent allowed by law. (Ord. CCO-20-04 § 1, 2020)
1.11.030 Enforcement.
If any person refuses or fails to comply with a subpoena of the City Attorney issued pursuant to this chapter, the City Attorney may petition any court of competent jurisdiction for an order compelling the person to attend and testify or produce the books, papers, records, accounts, documents or other items required by the subpoena before the officer named in the subpoena. (Ord. CCO-20-04 § 1, 2020)