(A) In conducting an investigation, the Mayor 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 for the furtherance of the investigation; provided, however, that the Mayor first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The Mayor may issue subpoenas 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 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 Mayor may administer oaths.
(B) Upon written application to the Mayor, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the Mayor to the same extent and subject to the same limitations as subpoenas issued by the Mayor himself. 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 request.
(C) Witnesses summoned by subpoena of the Mayor 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 (5) days after service of a subpoena upon any person, the person may petition the Mayor to revoke or modify the subpoena. The Mayor 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 the compliance would be unduly onerous, or for other good reason.
(E) In case of contumacy or refusal to obey a subpoena, the Mayor 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 resides, was served or transacts business.
(F) (1) 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 power to do so, in obedience to the subpoena or lawful order of the Mayor shall be subject to the penalties set forth in § 71.999.
(2) Any person who, with intent thereby to mislead the Mayor, 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 Mayor pursuant to his subpoena or other order, or shall willfully neglect or fail to make or cause to be made full, true and correct entries in such reports, accounts, records or other documents, or shall willfully mutilate, alter or by any other means falsify any documentary evidence, shall be subject to the penalties set forth in § 71.999.
(G) The City Attorney shall conduct all litigation in which the Mayor participates as a party or as amicus pursuant to this chapter.
(Ord. 89-05 § 11, 1989; Amended during 1993 codification)
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Cross reference:
Penalty for violation, see § 71.999