(A) In any investigation or proceeding within the City Council’s jurisdiction, the City Council and any hearing officer appointed by the City Council shall have the power and authority to compel the attendance of witnesses, to examine them under oath and to compel the production of evidence before it.
(B) The City Clerk may issue a subpoena or subpoena duces tecum signed and sealed to a party requesting it. Subpoenas and subpoena duces tecum shall not be issued in blank and the requesting party must submit a properly filled in subpoena or subpoena duces tecum form to the City Clerk. The requesting party shall use a subpoena or subpoena duces tecum form approved by the City Clerk or a civil subpoena form adopted by the Judicial Council of California properly modified for the investigation or proceeding in question. Compliance with the provisions of Cal. Code of Civil Procedure § 1985 shall be a condition precedent to the issuance of a subpoena duces tecum. Subpoenas and subpoenas duces tecum must be served at least 48 hours before the time the person is supposed to appear as a witness or to produce any evidence.
(C) No witness shall be obliged to attend at a place out of the county in which he or she resides unless the distance is less than 150 miles from the witnesses’ place of residence except that the City Clerk, upon affidavit of any party showing that the testimony of such witness is material and necessary, may endorse on the subpoena an order requiring the attendance of such witness.
(D) All witnesses appearing pursuant to subpoena, other than the parties shall receive witness fees and mileage in the same amounts and under the same circumstances as prescribed by law for witnesses in civil actions in a superior court. Fees and mileage shall be paid by the party at whose request the witness is subpoenaed.
(E) Whenever any person duly subpoenaed to appear and give evidence or to produce any matters or things neglects or refuses to appear, or to produce any matters or things, as required by the subpoena, or refuses to be sworn or to testify or to answer any questions which are proper and pertinent, that person shall be deemed in contempt and shall be punishable as provided by the general laws of the state.
(F) This section shall also apply to any investigation or proceeding where the City Council is sitting as a board of appeal or a board of review, such as under Title 4, Chapter 1 of this code. Whenever the City Council appoints any of its members to a committee for any investigation or proceeding within the City Council’s jurisdiction, or upon the request of any duly constituted city commission or board in any proceeding or investigation before such commission or board and within that commission’s or board’s jurisdiction, the City Council at its discretion may authorize by resolution upon a finding of good cause such committee, commission or board the power and authority to compel the attendance of witnesses, to examine them under oath, and to compel the production of evidence for that proceeding or investigation in accordance with this section.
(Ord. 331, passed 5-19-1987)