(a) The ERC or hearing officer, at their discretion, may issue one or more subpoenas for the attendance of witnesses, the production of books, papers, records or other evidence needed for the performance of their duties or exercise of their powers. The subpoena shall be issued on the sworn application (of either the complaining party or the person complained against) stating that the applicant in good faith believes that such item exists, and stating in detail a description of any such items, sufficient to be able to identify such item, that the party requesting the subpoena has not been able to obtain such item otherwise, and that the applicant in good faith believes that the item is in the possession or control of a person or entity whose name and address is specified in the sworn application.
(b) The ERC or hearing officer may issue any such subpoena upon terms and conditions that they deem applicable.
(c) The party requesting the subpoena, or the party to the proceeding opposing it, and the person or business entity against whom the subpoena is sought each has the right to appeal to the city council any decision by the ERC or hearing officer concerning the request for subpoena. Such appeal shall be made in writing within ten calendar days after the ERC or hearing officer’s decision (which must be in writing) by filing such appeal with the city secretary. All proceedings before the ERC or hearing officer shall be stayed until after the city council acts on the appeal.
(d) If the city council denies such an appeal or the time for an appeal has expired, any person who is subpoenaed by the ERC or hearing officer to give testimony or to produce books, papers, records or other evidence needed for the performance of the ERC or hearing officer’s duties or the exercise of their powers, willfully makes default or refuses to answer any question pertinent to the proceedings before the ERC or hearing officer, or refuses to obey any subpoena or fails to produce books, papers and other evidence required by the ERC or hearing officer, shall be deemed guilty of a misdemeanor and may be fined not more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)