Jefferson County, MO
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Table of Contents
Table of Contents
[Ord. No. 11-0371 §1, 12-28-2011; Ord. No. 12-0568 §1, 6-25-2012]
Authority And Service. Whenever the Council shall, by resolution, authorize an investigation of any question or matter on which the Council may lawfully take actions, said resolution may also empower the Council pursuant to the terms of the Jefferson County Charter at Section and Section to issue a subpoena or subpoenas in the name of the Jefferson County Council and to command the Sheriff of Jefferson County to send for persons and papers. The Council shall have authority to issue writs of subpoena and subpoena duces tecum on the Council's own majority motion or in the Council's discretion upon application by any party to a hearing or other matter before the Council. Such writs shall be signed by the Chair, or, in case of his/her absence or inability to act, by the Vice Chair of the Jefferson County Council and shall be attested by the County Clerk or the Clerk's designee. Every such writ shall be served and the return thereof made by the Sheriff of Jefferson County to the Chair or Vice Chair in like manner and with like effect as such writs issued from the Circuit Court are served and returned by the Sheriff.
Authority — Failure To Appear — Issuance Of Writ Of Attachment — Fine. In a case where any person named in any writ, under the provisions of Subsection (A) above, and who was personally served therewith, fails to appear before the Council at the time and place named in the writ or fails to appear with the requested papers, the County Council shall have authority, by majority motion, to direct the County Counselor to file a petition for enforcement of a subpoena with the 23rd Judicial Circuit Court for the State of Missouri, thereby seeking enforcement of the Council's subpoena along with any penalty of relief the court deems just and proper.
Authority — Contempt — Warrant — Penalty. If any person appearing before the Council in obedience to a writ of subpoena or of subpoena duces tecum refuses or fails to answer any question propounded to him by the Council, or fails to produce and submit to the examination of the Council any book, record or paper which he is required to produce by a subpoena duces tecum, or is in the presence of the Council, displaying contemptuous or disorderly behavior, the Chair, Vice Chair or acting Chair shall immediately make note of the same on the record and ask for a vote of contempt by the Council. The Council, by a majority vote of all Council votes, may adjudge the witness to be in contempt of its authority and may issue a citation for contempt, the penalty of which shall carry a fine of not less than three hundred dollars ($300.00) and not more than one thousand dollars ($1,000.00). Any person issued a citation under the provisions of these Sections shall have the violation prosecuted in the Jefferson County Municipal Court by the Jefferson County Municipal Prosecutor.
Form. The County Council, as part of its rules of procedure, shall develop a form for subpoenas.