(A) In conducting an investigation, the County Judge/Executive 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 such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation; provided, however, that, the County Judge/Executive first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The County Judge/Executive may issue subpoenas to compel his or her access to or the production of such materials, or the appearance of such persons, any 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 for the district in which the investigation is taking place. The County Judge/Executive may administer oaths.
(B) Upon written application to the County Judge/Executive, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the same of the County Judge/Executive to the same extent and subject to the same limitations as subpoenas issued by the County Judge/Executive himself or herself. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at his or her request.
(C) Witnesses summoned by subpoena of the County Judge/Executive shall be entitled to the same witness and mileage fees as are witnesses in proceedings in United States District Courts. Fees payable to a 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, such person may petition the County Judge/Executive to revoke or modify the subpoena. The County Judge/Executive 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 County Judge/Executive or other person at whose request it was issued may petition for its enforcement in the state court for the district in which the person to whom the subpoena was addressed resides, was served or transacts business.
(F) The County Attorney shall conduct all litigation in which the County Judge/Executive participates as a part or as amicus, pursuant to this chapter.
(Ord. 3 (1991), passed 3-13-1991)