(A) In conducting an investigation, the Chief Executive Officer or his duly appointed representative shall have access at all reasonable times to premises, records, documents, individuals and other evidence as possible sources of evidence and may examine, record and copy such materials and to take and record the statements of such persons as are reasonably necessary for the furtherance of the investigation, provided the Chief Executive Officer first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The Chief Executive Officer may instruct the city's legal department to secure and issue (City Sheriff) subpoenas of the materials, or the appearance of the persons, and may issue interrogatories to a respondent, to the same extent and subject to the same limitations as would apply if the subpoena or interrogatories were issued or served in aid of a civil action in the United States District Court.
(B) Upon written application to the Chief Executive Officer, respondent shall be entitled to the issuance of a reasonable number of subpoenas and in the name of the Chief Executive Officer to the same extent and subject to the same limitations as subpoenas issued by the legal department. Subpoenas issued at the request of the 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 Chief Executive Officer shall be entitled to the same witness and mileage fees as are witnesses in proceedings in the United States district court. Fees payable to a witness summoned by a subpoena issued at the request of the respondent shall be paid by him.
(D) (1) Within five days after the service of a subpoena upon any person, the person may petition the Chief Executive Officer to revoke or modify the subpoena.
(2) The Chief Executive Officer, in concurrence with the legal department, shall grant the petition if it is found that the subpoena requires appearance or attendance of 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 for other good reasons.
(E) In case of contumacy or refusal to obey a subpoena, the Chief Executive Officer or other person at whose request it was issued may petition for its enforcement in the United States District Court for the district in which the person to whom the subpoena was addressed resides, was served or transacts business.
(F) The corporation counsel shall conduct all litigation in which the Chief Executive Officer participates as a party or as amicus curiae pursuant to this subchapter.
(1967 Code, Appendix C, § 2-2) (Ord. passed 9-6-1977)