Chapter 2.10
CITY COUNCIL
Sections:
2.10.010 Meetings of City Council.
2.10.030 Delivery of Council minutes.
2.10.050 Reading of minutes in full.
2.10.010 Meetings of City Council.
The regular meetings of the City Council of this City shall be held on the first Tuesday of each month at 7:30 p.m. at the City Hall, except where such first Tuesday falls upon a legal holiday, in which case the meeting shall be held at the call of the Mayor. Any regular meeting may be recessed to a time and place specified by the Mayor or other person presiding over the meeting with consent of majority of the Council present. (Ord. 643, § 1; amended by Ord. 863, § 1, Dec. 4, 1979. Code 1983 § 10.110.)
2.10.020 Special meetings.
Special meetings of the Council shall be called as provided in the Charter of this City. (Ord. 618, § 2. Code 1983 § 10.150.)
2.10.030 Delivery of Council minutes.
Not later than seven days prior to the regular monthly meeting of the City Council of the City of Monmouth, Oregon, the City Recorder shall mail a written copy of the minutes of the prior regular meeting, adjourned meeting, or any special meeting of the City Council, to the Mayor and each member of the City Council and all officers of the City; and also provide copies of said minutes to the people upon request during regular office hours. (Ord. 516, § 1. Code 1983 § 10.210.)
2.10.040 Approval of minutes.
Minutes of previous regular, adjourned or special meetings may be approved by the City Council on motion duly made, seconded and passed without the necessity of reading the minutes in full. (Ord. 516, § 2. Code 1983 § 10.220.)
2.10.050 Reading of minutes in full.
Upon request of one Councilman, the Mayor shall direct the minutes of the previous regular, adjourned or special meeting read in full. (Ord. 516, § 3. Code 1983 § 10.230.)
2.10.060 Subpoenas.
(1) Defined. A subpoena is a writ or order directed to a person and may require the attendance of such person at a particular time and place to testify as a witness on behalf of a particular party therein mentioned and/or may require such person to produce books, papers, documents, or tangible things and permit inspection thereof at a particular time and place. A subpoena requiring attendance to testify as a witness requires that the witness remain until the testimony is closed unless sooner discharged, but at the end of each day’s attendance a witness may demand of the party, or the party’s attorney, the payment of legal witness fees for the next following day and if not then paid, the witness is not obliged to remain longer in attendance.
(2) Issuance. The City Council, upon motion, or the City Attorney, without specific prior authorization by the City Council, may issue subpoenas in a contested case. In addition, the City Council or the City Attorney may issue subpoenas upon the request of a party to a contested case upon a showing of general relevance and reasonable scope of the evidence sought. A party, other than the City, entitled to have witnesses on behalf of the party may have subpoenas issued by an attorney of record of the party, subscribed by the signature of the attorney. Witnesses appearing pursuant to subpoena, other than the parties or officers or employees of the City, shall receive fees and mileage as prescribed by law for witnesses in ORS 44.415(2).
(3) Service.
(a) Personal Service. A subpoena may be served by the party or any other person 18 years of age or older. Service shall be made by delivering a true copy of the subpoena to the witness personally and giving or offering to the witness at the same time the fees to which the witness is entitled for travel to and from the place designated and, whether or not personal attendance is required, one day’s attendance fees. The service must be made so as to allow the witness a reasonable time for preparation and travel to the place of attendance. Copies of each subpoena commanding production of books, papers, documents, or tangible things and inspection thereof before hearing, not accompanied by command to appear at the hearing, whether the subpoena is served personally or by mail, shall be served on each party at least seven days before the subpoena is served on the person required to produce and permit inspection, unless the City Council or City Attorney determines that good cause exists for a shorter period. In addition, a subpoena shall not require production less than 14 days from the date of service upon the person required to produce and permit inspection, unless the City Council or City Attorney determines good cause exists for a shorter period.
(b) Service by Mail. Under the following circumstances, service of a subpoena to a witness by mail shall be the same legal force and effect as personal service otherwise authorized by this section:
(i) The attorney certifies in connection with or upon the return of service that the attorney, or the attorney’s agent, has had personal or telephone contact with the witness, and the witness indicated a willingness to appear at trial if subpoenaed;
(ii) The attorney or the attorney’s agent made arrangements for payment to the witness of fees and mileage satisfactory to the witness; and
(iii) The subpoena was mailed to the witness more than seven days before trial by certified mail or some other designation of mail that provides a receipt for the mail signed by the recipient, and the attorney receives a return receipt which was signed by the witness more than three days prior to the hearing. Service of subpoena by mail may be used for a subpoena commanding production of books, papers, documents or tangible things, not accompanied by a command to appear at hearing.
(c) Proof of Service. The subpoena shall be returned to the City Manager with proof of service or mailing. The certificate of service shall indicate the time, place, and manner of service and that the server is a competent person 18 years of age or older and a resident of the State of Oregon and that the server knew that the person, firm or corporation served is the identical one named in the subpoena. If the subpoena was served by mail, the certificate may be made by the person completing the mailing or the attorney for any party and shall state the circumstances of mailing and the return receipt shall be attached.
(4) Failure to Comply. If any person fails to comply with any subpoena so issued, or any party or witness refuses to testify on any matters on which the party or witness may be lawfully interrogated, the Judge of the Municipal Court of Monmouth, on the application of the City Council, the City Attorney or of the party requesting the issuance of or issuing the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such Court or a refusal to testify therein. (Ord. 1152, October 5, 1999. Code 1983 § 10.240.)