(a) The power of Council and every board, commission or committee to issue subpoenas shall be subject to the following limitations:
(1) The body issuing the subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.
(2) The subpoena must allow the person to whom it is issued a reasonable time to comply.
(3) The subpoena must be pertinent to the subject matter area that is being heard or investigated by the body issuing the subpoena.
(4) The subject matter area to which such subpoena relates must be one that the body issuing the subpoena is authorized to hear or investigate.
(5) Prior to issuance, the subpoena must be approved as to form by either the Director of Law or the Assistant Director of Law.
(b) In any prosecution brought for the refusal to obey a subpoena, it shall be a defense that the subpoena was issued in violation of this section, that the subpoena subjects the person to undue expense or burden, or that the testimony to be compelled or books, documents, records or other evidence to be produced is protected from release or disclosure by common law privilege or by any federal, state or local law.
(Ord. 68-2015. Passed 6-8-15.)