A. In conducting an investigation the city manager 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 to the furtherance of the investigation; provided, however, that the city manager first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The city manager may issue a subpoena to compel his access to or the production of such materials, or the appearance of such persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if a subpoena 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 city manager may administer oaths.
B. Upon written application to the city manager, a respondent shall be entitled to the issuance of a subpoena by and the name of the city manager to the same extent and subject to the same limitations as a subpoena is issued by the city manager himself. Subpoena issued at the request of a respondent shall show on the face the name and address of such respondent and shall state that they were issued at his request.
C. Witnesses summoned by subpoena of the city manager 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.
D. Within five days after service of a subpoena upon any person, such person may petition the city manager to revoke or modify the subpoena. The city manager shall grant the petition if he 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 the other good reason.
E. In case of contumacy or refusal to obey a subpoena, the city manager or other person at whose request it was issued may petition for its enforcement in the municipal or state court for the district in which the person to whom the subpoena was addressed resided, was served, or transacts business.
F. Any person who wilfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if in his power to do so, in obedience to the subpoena or lawful order of the city manager shall be fined not more than one thousand dollars or imprisoned not more than one year, or both. Any person who, with intent thereby to mislead the city manager, 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 city manager pursuant to his subpoena or other order, or shall wilfully neglect or fall to make or cause to be made full, hue, and correct entries in such reports, accounts, records, or other documents, or shall wilfully mutilate, alter, or by any other means falsify any documentary evidence, shall be fined not more than one thousand dollars or imprisoned not more than one year, or both.
G. The city attorney shall conduct all litigation in which the city manager participates as a party or as amicus pursuant to this chapter. (Ord. 468 § 11,2006)