[Ord. No. 11-0371 §1, 12-28-2011; Ord. No. 12-0568 §1, 6-25-2012]
A.
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 3.4.2.27 and Section 3.4.3.2 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.
B.
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.
C.
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.
D.
Form. The County Council, as part of its rules of procedure,
shall develop a form for subpoenas.
