(a) In accordance with Indiana law, the Common Council may investigate:
(1) The departments, officers, elected officials, board, commission or committee members, and employees of the city;
(2) Any charges against a department, officer, elected official, board, commission or committee member, or employee of the city; and
(3) The affairs of a person with whom the city has entered or is about to enter into a contract.
(b) When conducting an investigation under part (a), the Common Council may compel the attendance of witnesses and the production of evidence by subpoena and attachment served and executed within Hamilton County, Indiana, in accordance with the Indiana Code.
(c) An investigation shall be initiated and concluded by majority vote of the Common Council. After an investigation is initiated, any Committee or Councilor may be appointed to lead an investigation by the President or by majority vote of the Common Council. A Special Investigating Committee to lead an investigation may be formed by the President or by majority vote of the Common Council. Any resolution or motion appointing a Committee or Councilor or forming a Special Investigating Committee shall identify the general nature of the investigation and in the case of a Special Investigating Committee, the membership of the Committee.
(d) Any Councilor leading an investigation, member of a Committee leading an investigation, or legal counsel authorized by the Common Council may request and receive documents and other evidence, interview witnesses, or request witness testimony related to the investigation. To compel testimony or production, subpoenas may be authorized by the Councilor leading an investigation, Committee Chair of the Committee leading an investigation, the President, or by majority vote of the Committee leading an investigation. Authorized subpoenas shall be signed and issued by the Councilor leading an investigation, Committee Chair of the Committee leading an investigation, the President, or authorized legal counsel.
(e) Subpoenas shall clearly indicate the intended recipient and the general subject matters of testimony required and/or the documents or other evidence required to be produced. Subpoenas shall also clearly state the time and place for compliance, which need not be at a Committee or Common Council meeting. The time and place for compliance must provide the recipient with a reasonable opportunity to respond under the circumstances. Subpoenas shall be signed in accordance with part (d) and served upon the individual or entity by personal service, certified mail, commercial carrier, or other reasonable means designed to adequately notify the recipient of the subpoena.
(f) Subject to and in accordance with the Indiana Code, a Committee leading an investigation may receive evidence and testimony during regular meetings, during executive sessions, or at special sessions of the Committee. Subject to and in accordance with the Indiana Code, a Councilor leading an investigation may arrange to receive evidence and testimony at his or her discretion. A Councilor or Committee leading an investigation may also request that time be allotted at regular meetings, executive sessions, or special sessions of the Common Council, to receive or present evidence and testimony or to otherwise report on the status of the investigation.
(g) In the event the recipient of a subpoena issued under this section refuses to comply, the Councilor or Committee leading an investigation shall refer the matter to the full Council, which may by majority vote order its clerk or authorized legal counsel to present the matter to court in accordance with I.C., 36-4-6-21.
(h) At the conclusion of an investigation, the Councilor or Committee leading an investigation shall draft a written report of its findings, which shall be delivered to the Council for its consideration within 60 days.
(i) The Council may adopt other rules relating to investigations by majority vote.
(Ord. D-2574-21, As Amended, 4-21-21)