(A) In conducting an investigation, the 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 materials and take and record the testimony or statements of persons as are reasonably necessary for the furtherance of the investigation. The Judge/Executive first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The Judge/Executive may issue subpoenas to compel his or her access to or the production of the materials, or the appearance of the 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 Judge/Executive may administer oaths.
(B) Upon written application to the Judge/Executive, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the same of the Judge/Executive to the same extent and subject to the same limitations as subpoenas issued by the Judge/Executive. 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 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, the person may petition the Judge/Executive to revoke or modify the subpoena. The 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 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) 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 Judge/Executive, 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 Judge/Executive shall make or cause to be made any false entry or statement of fact in any report, account, record or other document submitted to the Judge/Executive 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 County Attorney shall conduct all litigation in which the Judge/Executive participates as a part or as amicus pursuant to this chapter.
(2001 Code, § 90.09) (Ord. passed 8-14-1990)