(A) Conduct of investigations.
(1) 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 testimonies 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 of the United States Constitution relating to unreasonable searches and seizures.
(2) The Mayor may issue subpoenas to compel his or her access to or the production of such materials or the appearance of such persons, and he or she 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) Issuance of subpoenas. 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 or herself. A subpoena issued at the request of a respondent shall show on its face the name and address of such respondent and shall state that it was issued at his or her request.
(C) Witness and mileage fees. Witnesses summoned by a 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 or her.
(D) Petition to revoke or modify subpoena. Within five days after the service of a subpoena upon any person, such person may petition the Mayor to revoke or modify the subpoena. The Mayor 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 the 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) Refusal to obey subpoena. In the 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) Litigation by Town Attorney. The Town Attorney shall conduct all litigation in which the Mayor participates as a party or as amicus pursuant to this chapter.
(Prior Code, § 6-4-11) (Ord. 96-03, passed 9-11-1996) Penalty, see § 90.99