(A) In conducting an investigation, the City Manager shall have access at all reasonable times to premises, records, documents, individuals and other evidence or possible sources of evidence and may examine, record and copy the materials and take and record the testimony or statements of the persons as are reasonably necessary for the furtherance of the investigation; provided, however, that, the City Manager first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The City Manager may issue subpoenas to compel his or her access to or the production of the materials, or the appearance of the persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoenas or interrogatories were issued or served in aid of a civil action in the United States District Court of the district in which the investigation is taking place. The City Manager may administer oaths.
(B) Upon written application to the City Manager, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the City Manager to the same extent and subject to the same limitations as subpoenas issued by the City Manager himself or herself. Subpoenas issued at the request of a respondent shall show on their face the name and address of the respondent and shall state that they were issued at his or her request.
(C) Witnesses summoned by subpoena of the City Manager shall be entitled to the same witness and mileage fees as are witnesses in proceedings in United States District Courts. Fees payable to the witness summoned by a subpoena issued at the request of a respondent shall be paid by him or her.
(D) Within five days after service of a subpoena upon any person, the person may petition the City Manager to revoke or modify the subpoena. The City Manager shall grant the petition if he or she finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularity the evidence to be produced, that compliance would be unduly onerous or for other good reason.
(E) In case of contumacy or refusal to obey a subpoena, the City Manager or other person at whose request it was issued, may petition for its enforcement in the municipal or state court for the district in which the person to whom the subpoena was addressed resides, was served or transacts business.
(F) Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents or other evidence, if in his or her power to do so, in obedience to the subpoena or lawful order of the City Manager shall be fined not more than $1,000 or imprisoned not more than one year, or both. Any person who, with intent thereby to mislead the City Manager, shall make or cause to be made any false entry or statement of fact in any report, account, record or other document submitted the City Manager pursuant to his or her subpoena or other order, or shall willfully neglect or fail to make or cause to be made full, true and correct entries in the reports, accounts, records or other documents, or shall willfully mutilate, alter or by any other means falsify any documentary evidence, shall be fined not more than $1,000 or imprisoned not more than one year, or both.
(G) The City Attorney shall conduct all litigation in which the City Manager participates as party or as amicus pursuant to this chapter.
(1989 Code, § 9-611)