(A) Purpose. This section is adopted for the purpose and intent of establishing a uniform procedure for issuing subpoenas for the attendance of witnesses, to compel their attendance and testimony, to administer oaths and affirmations, to take evidence, and to issue subpoenas for the production of any papers, books, accounts, records, documents, writings as defined in California Evidence Code § 250 or other items that may be relevant to any investigation, enforcement action, or prosecution of any matter over which the City Council has legislative and/or appropriative authority.
(B) Authority. The procedures set forth herein are authorized by California Government Code § 37104, et seq.
(C) Issuance of subpoena. The City Council may authorize, through the adoption of a resolution, the City Clerk (with the assistance of the City Attorney) to prepare and serve subpoenas for any matter that is described within this section. Such resolution shall state the existence of an investigation, enforcement, prosecution or other proceeding within the City Council's legislative and/or appropriative authority and findings specifying the purposes of the subpoena and the relevancy of the subpoenaed testimony and materials thereto. The Mayor shall sign all subpoenas. The City Clerk shall attest to the Mayor's signature. Upon such signature and attestation, the subpoena shall be deemed to have been issued by the City Council.
(D) Form of subpoena. Subpoenas issued pursuant to this section shall be a form approved by the City Attorney.
(E) Failure to comply. If any person refuses or fails to comply with a subpoena issued under this section, the Mayor may report the noncompliance to the judge of the superior court, in accordance with Government Code § 37106, and apply for an attachment and/or order to compel that person's full and complete compliance with the subpoena(s). In the event that the court determines that the person is in noncompliance with the subpoena(s) and the person does not obey the order of the court requiring such compliance, the person may be held in contempt, in addition to any other penalties that may be authorized by this code for noncompliance with the subpoena(s) or under any other applicable laws.
(Ord. 1809, passed 2-21-24)