[HISTORY: Adopted by the Town Board of the Town of Lewiston
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-22-1978 by L.L. No. 4-1978 (Ch. 15 of the 1965
Code)]
This chapter shall be known as and may be cited as the "Town
of Lewiston Town Board Investigatory and Subpoena Power Local Law."
In recent years, local municipal government, including Town
government, has been undergoing substantial and continuous expansion
and reorganization. Such extreme changes have been occasioned by several
factors, a major one being increased federal intervention and mandates
in state and local affairs, particularly in matters affecting the
environment, economic and job development, revenue sharing, open government
administrative procedures and civil rights. New York State, as a result,
has also become more sensitive to issues which affect property, affairs
and government on a local level and has also imposed regulations and
mandates which require local government participation and satisfaction.
As a result, local government, specifically Town government in the
instant situation, has become increasingly caught up in a myriad of
federal and state rules and regulations, thereby increasing the challenges,
enlarging the difficulties and taxing the ability of Town government
to efficiently and effectively manage Town property, affairs and government.
A partial resolution of this present status of Town government can
be found in an expansion of Town powers in specific areas, thus equipping
Town government with more powerful and effective means of providing
governmental services. It is for this purpose that this article granting
investigatory and subpoena powers to the Town Board of the Town of
Lewiston has been adopted.
This article shall apply to all the territory within the confines
of the Town of Lewiston, excepting any incorporated village.
A.Â
On and after the effective date of this article, the Town Board of
the Town of Lewiston shall possess general powers to:
(1)Â
Initiate by resolution and thereafter conduct investigations for
the purpose of resolving problems which affect the property, affairs
and government of the Town of Lewiston, limited to environmental,
economic and health matters.
(2)Â
Issue subpoenas, in form and manner and regulation as described by
the New York State Civil Practice Law and Rules, which shall permit
the Town Board to compel the attendance of any relevant witnesses
at any investigative proceeding and administer oaths to compel their
testimony. Said subpoena power shall also compel the production of
books and records deemed relevant to the particular investigation.
The Town of Lewiston Supervisor is hereby empowered to execute any
and all subpoenas.
B.Â
The Town Board of the Town of Lewiston may, by local law, delegate
its investigatory and subpoena powers to any Town of Lewiston board,
committee, authority or commission, which has been created by local
law and which is directly accountable to the Town Board. Said Town
Board, upon any delegation of such powers, shall continually monitor
their use to ensure adherence to constitutional and ethical standards
and may and shall terminate any investigation and/or invalidate any
subpoena issued by any such board, committee, authority or commission,
if said Town Board determines such investigation or subpoena to be
illegal, improper or unconstitutional.
