(A) In conducting an investigation, the Board of County Commissioners 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 or the investigation; provided, however, that it first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The Board of County Commissioners may issue subpoenas to compel its 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 Board of County Commissioners may administer oaths.
(B) Upon written application to the Board of County Commissioners, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the Board of County Commissioners, to the same extent and subject to the same limitations as subpoenas issued by the Board of County Commissioners. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent, and shall state that they were issued at the respondent’s request.
(C) Witnesses summoned by subpoena of the Board of County Commissioners 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 the respondent.
(D) Within 5 days after service of a subpoena upon any person, such person may petition the Board of County Commissioners to revoke or modify the subpoena. The Board of County Commissioners shall grant the petition if it finds that:
(1) The subpoena requires appearance or attendance at an unreasonable time or place;
(2) The subpoena requires production of evidence that does not relate to any matter under investigation;
(3) The subpoena does not describe with sufficient particularity the evidence to be produced;
(4) Compliance would be unduly onerous; or
(5) For other good reason.
(E) In case of contumacy or refusal to obey a subpoena, the Board of County Commissioners, 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) 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 or her power to do so, in obedience to the subpoena or lawful order of the Board of County Commissioners, shall be fined not more than $300, or imprisoned not more than 90 days, or both fined and imprisoned. Any person who, with intent thereby to mislead the Board of County Commissioners, 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 Board of County Commissioners pursuant to a 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 fined not more than $300, or imprisoned not more than 90 days, or both fined and imprisoned.
(G) The County Attorney shall conduct all litigation in which the Board of County Commissioners participates as a party or as amicus pursuant to this chapter.
(Ord. 2009-04, passed 12-21-2009)