The council shall have power by resolution to authorize inquiries
and investigations in aid of its legislative powers and functions
to be conducted by the entire body or by any of its committees.
In connection with any investigation which may lawfully be conducted
by the council, or any committee thereof, the council or committee
may compel the attendance of witnesses and the production of books,
papers, and other evidence, and for that purpose may issue subpoenas
which shall be signed by the president of the council or the chairman
of any such committee, and which may be served by an officer authorized
by law to serve subpoenas. If any witness shall refuse to testify
to any facts within his knowledge, or to produce any papers or books
in his possession, or under his control, relating to the matter under
inquiry, before the council, or any such committee, the council by
resolution and acting through the law department or its counsel may
apply ex parte to any justice of the superior court for a citation
of such witness in contempt, and thereupon such witness may be cited
in contempt and punished in a like manner as if he were in contempt
of said superior court. No witness shall be excused from testifying
touching his knowledge of the matter under investigation in any such
inquiry, but such testimony shall not be used against him in any subsequent
criminal prosecution except for perjury committed upon such inquiry,
unless such witness shall in writing at the time of so testifying
waive his rights not to have such testimony used against him.
The presiding officer of the council or of any of its committees
shall have power to administer oaths to witnesses.
[Amended 7-31-1991 by Ch. No. 2204 (Ref. of 11-6-1990, Sec. 1)]
All inquiries and investigations conducted by the council or
any of its committees shall be open to the public, subject to the
exceptions in the open meetings law which allow for closed meetings.
Any witness appearing before the council or any of its committees
may be represented by counsel. Any person whose character shall have
been impugned in the course of an inquiry or investigation by the
council or any of its committees shall be given the opportunity to
appear with or without counsel, to present evidence, to cross-examine
any person who may have impugned his character, and to call witnesses
of his own, and the council shall, upon application being made, exercise
its subpoena power to compel the attendance of such persons and witnesses
as it shall deem necessary and desirable.
