(a) The Council, upon motion passed at a regular Council meeting by two-thirds of the members of the Council, may meet as a Committee of the Whole to conduct formal hearings regarding matters of public health, safety and welfare and may make appraisals, comments, and recommendations to the Mayor on the efficiency, economy, and effectiveness of administrative practices, methods, systems, and controls. The Council may also hear complaints made by citizens concerning the administration of the City government.
(b) The motion to meet as a Committee of the Whole shall state the subject matter of the formal hearing, and no other matter shall be addressed at said hearing other than the stated subject matter. Council shall not convene such hearings for any of the following purposes:
(1) Inquiring into pending City personnel matters, unless the matter involves an elected City official or the Mayor’s removal of a Director;
(2) Inquiring into pending administrative matters between City administrative officials or boards or commissions and City residents, business owners, property owners, licensees, franchisees, permit holders or contractors; or
(3) Performing investigations that are assigned, by the City Charter or Codified Ordinances, to other officials or boards or commissions of the City.
For purposes of this paragraph, “pending” shall mean that a personnel or administrative matter has been submitted to a City administrative official, or board or commission, and that the official, board or commission is actively reviewing the matter, but has not yet rendered an administrative decision. A City administrative official, or board or commission, that is reviewing such a matter that Council has proposed to formally inquire into shall provide Council, within seven (7) days following Council’s request, with a written report summarizing the nature of the pending matter before the official, board or commission, the status of the matter before the official, board or commission, and an estimated date when the official, or board or commission’s, will render an administrative decision in the matter.
(c) The Council at hearings called pursuant to this section may subpoena witnesses, administer oaths, and compel testimony, the production of books, papers, or other evidence necessary for the discharge of the duties of the Council. The Chief of Police shall designate police officers to serve orders and subpoenas issued by the Council. Proceedings before Council regarding all such formal hearings shall be considered “official proceedings” as that term is used in Section 525.01 of the General Offenses Code.
(d) Any person who appears as a witness at a formal hearing as set forth herein, shall be advised of his right to counsel before he speaks, and, if he so requests, shall be permitted to be accompanied, represented, and advised by an attorney, whose participation in the proceeding shall be limited to the protection of the rights of the witness, and who may not examine or cross- examine witnesses.
(e) Any administrative officer of the City who is subpoenaed to testify, and/or produce documents, at a formal hearing as set forth herein, shall, in addition to the rights set forth in paragraph (d) above to retain private counsel to protect his or her personal rights, may, prior to such hearing, seek a legal opinion from the Director of Law regarding attorney-client privilege, work product privilege, executive privilege, or any other applicable governmental privilege that he or she may assert, as a City administrative officer, at such hearing as a basis for not testifying upon certain matters or not producing certain documents. Prior to the hearing, the Director of Law shall, if so requested, issue a legal opinion in the matter that shall be binding upon the City Council in the conduct of its formal hearing and that shall be adhered to by the administrative officer in testifying and/or producing documents at such hearing.
(f) The conduct and administration of formal Council hearings, to the extent not set forth herein, shall be governed by rule of Council.
(Ord. 2003-43. Passed 6-3-03.)