This chapter is adopted pursuant to the powers provision contained
in Section 3 of the Santa Rosa City Charter authorizing that the City
shall have and may exercise all powers necessary or appropriate to
a municipal corporation and the general welfare of its inhabitants
which are not prohibited by the Constitution. It is also adopted pursuant
to the municipal affairs provision contained in Section 5 of the Charter.
(Ord. 3769 § 1, 2006)
The City Clerk and City Attorney shall have the power to issue
subpoenas for the attendance of witnesses and for the production of
documents.
(Ord. 3769 § 1, 2006)
(A)
The
City Clerk shall have the power to issue subpoenas for the attendance
of witnesses, to compel their attendance and testimony, to administer
oaths and affirmations, and to issue subpoenas for the production
of any papers, books, accounts, records, documents or other items
required by the subpoena on any matter pending before the City.
(B)
The
City Attorney shall have the power to issue subpoenas for the attendance
of witnesses, to compel their attendance and testimony, to administer
oaths and affirmations, to take evidence, and to issue subpoenas for
the production of any papers, books, accounts, records, documents,
writings as defined in California Evidence Code Section 250 or other
items that may be relevant to the City Attorney's investigation, enforcement
action or prosecution of any matter where the City Charter, Santa
Rosa City Code or any other ordinance grants or affords to the City
Attorney the duty or the power to investigate, enforce or prosecute
a matter.
(C)
Unless
otherwise prohibited by federal or State law, in investigating, enforcing
or prosecuting any matter where federal or State law grants or affords
to the City Attorney the duty or power to investigate, enforce, or
prosecute any matter under federal or State law, the City Attorney
shall have the power to inspect, upon reasonable notice, all papers,
books, accounts, records, documents or other items that may be relevant
to the City Attorney's investigation, enforcement action or prosecution.
(D)
The
City Attorney may exercise these powers prior to or following the
filing of any civil, criminal, or administrative action to the fullest
extent allowed by law.
(Ord. 3769 § 1, 2006)
If any person refuses or fails to comply with a subpoena issued
pursuant to this chapter, the issuing party and/or the City Attorney
may petition any court of competent jurisdiction for an order compelling
the person to attend and testify or to produce the papers, books,
accounts, records, documents or other items required by the subpoena.
All sanctions permitted by law, costs and attorney's fees are authorized
to be pursued in seeking the order to compel.
(Ord. 3769 § 1, 2006)
