City of Hutto, TX CITY COUNCIL

(a)

Definitions.

In this section:

Documents and papers.

Include electronically stored information.

Evidence.

Relevant information in any form.

Investigation and inquiry.

The terms “investigation” and “inquiry” are synonymous.

Motion.

Motion of a councilmember means a motion or objection that has been seconded by another councilmember.

Privileged.

Includes information that a federal or state statute or rule makes confidential.

Subpoena.

A subpoena issued by or on behalf of the city council for testimony or things, and includes any attachments, exhibits, schedules, or other documents or matters that may be served with a subpoena or incorporated by reference into a subpoena.

(b)

The city council under city charter section 3.16 has the power to inquire into and investigate the official conduct of any department, agency, office, officer, or employee of the city and for that purpose has the power to administer oaths, subpoena witnesses, and compel the production of books, papers, and other evidence material to the inquiry. References to any law or rule in this section refer to such version or successor of the referenced law or rule as it exists when it would be relevant to conduct under this section. This section among other things, adopts procedures applicable to those inquiries and investigations, and sets penalties for failure to comply with such subpoenas.

(c)

Subpoenas shall conform in form substantially to the form of subpoenas prescribed by the Texas Rules of Civil Procedure, except that they shall be issued in the name of the city council and signed by the mayor, city manager, or city secretary on behalf of the city council. No deviation of form will render the city subpoena defective or unenforceable except to the extent that the deviation renders the city subpoena unintelligible to a person of normal intelligence, and any defect in the form of subpoena, and any other matter rendering a portion of any city subpoena unenforceable will not affect the validity and enforceability of any remaining portion of such subpoena.

(d)

Witnesses and custodians of evidence who are subject to a city subpoena are entitled to fees as provided by the Civil Practice and Remedies Code, except that no fees are due until completion of the witness or custodian’s performance as required by such subpoena, and no fees are due to the extent that the witness has a duty to appear and testify or to produce documents or things under another law or contract, except as may be provided in such other law or contract.

(e)

Subpoenas shall be served by any means permitted by the Texas Rules of Civil Procedure or by U.S. first class certified mail or by commercial express delivery service upon agents described in subsection (e)(2)(C) below. The city council or the city manager, if authorized by the city council, may authorize alternative means of service that a court could authorize under the Texas Rules of Civil Procedure upon finding by the city council that the factual predicates as provided by the Texas Rules of Civil Procedure for using such alternative means exist. However, no defect in service will affect the enforceability of any subpoena if the subject thereof received actual or constructive notice of the subpoena sufficient to enable compliance therewith or to put the subject on notice of the existence of the subpoena such that further inquiry into the full facts respecting the subpoena would have been reasonable under the circumstances.

(1)

Any individual over 18 years of age may serve a subpoena.

(2)

Subpoenas should not be served more than 100 miles from city hall except that service is permitted as follows:

(A)

Anywhere they may be found upon an individual permanently residing in the city;

(B)

Anywhere they may be found upon a business entity whose principle place of business in the city;

(C)

Anywhere they may be found upon any agent designated by contract or law as an agent to receive service of process for any individual or entity who has contracted with the city, has provided goods or services to the city, or has received anything of value from the city, if the subpoena relates in whole or in part to such individual’s or entity’s dealings with the city.

(f)

In addition to any other remedies and penalties, any individual or entity who shall be duly served with a subpoena for testimony, documents, and/or other things who shall fail or refuse timely to obey all of the terms and conditions of the subpoena or subpoena duces tecum, including, without limitation, refusing to be sworn or affirm under penalty of perjury, shall be deemed guilty of criminal contempt against the authority of city council and such contempt is hereby declared to be an ordinance violation; and, upon conviction therefor, such person shall be punished as provided in this section.

(g)

In addition to constituting any offense under state law, is an offense and violation of the city code for any person to intentionally or knowingly impede, disrupt or interfere with any investigation or inquiry under this section, including, any proceeding of the city council under this section, the service of or obedience to any subpoena issued under this section, and any compelled or voluntary production of documents or things, or oral statements whether or not under oath in any proceeding under this section, or to destroy, alter, or conceal any evidence, document, information, or thing relevant to an inquiry under this section, to suborn false statements or perjury in a proceeding under this section.

(h)

The municipal court of the city shall have the power to hear and determine alleged violations of this section, and upon the conviction of anyone thereunder shall punish all such guilty persons as allowed by section 1.01.009, general penalty for violations of code.

(i)

In addition to any other remedies and penalties, the municipal court of the city and any justice court, county court or county judge exercising trial jurisdiction, county court at law, or state district court sitting in the county, is hereby granted jurisdiction and is authorized to hear, determine, and adjudicate proceedings to enforce a subpoena issued under this section. Such court may, in addition to any remedy authorized by law or equity, modify a subpoena as necessary to comply with constitutional, statutory or other legal requirements, and/or order compliance with such subpoena as issued or to coerce compliance with the court’s compliance order through civil contempt.

(j)

Investigations and inquiries conducted under this section will comply with the Texas Open Meetings Act and other charter provisions, ordinances, resolutions, directives, and policies respecting the conduct of city council meetings.

(k)

The city attorney will provide legal advice respecting investigations and inquiries under this section.

(l)

Investigations and inquiries under this section are commenced by majority vote of the city council upon a properly posted action agenda item, either to commence an investigation or inquiry into any matter permitted by this section, or to authorize the issuance of one or more subpoenas relating to any matter into which an investigation or inquiry is permitted by this section. A city council vote to issue a subpoena under this section also includes the opening of an investigation or inquiry under this section, regardless of whether the motion on subpoena authorization so provides.

(m)

The mayor presides over investigations and inquiries under this section, administers oaths to witnesses, and rules on questions of privilege, and whether to exclude information as privileged, irrelevant, redundant, or inherently unreliable. However, any councilmember may ask for a vote on any evidentiary ruling and the majority vote of the city council will determine the ruling. The rules of evidence do not apply to any investigation or inquiry under this section except that the Texas Rules of Evidence and judicial caselaw respecting privileges apply. The city council may disregard untrustworthy evidence and may weigh conflicting evidence.

(n)

The mayor, any councilmember, and the city attorney may question witnesses in any inquiry or investigation under this section.

(o)

No formalities are required for concluding an investigation or inquiry under this section.

(p)

At or after the conclusion of any investigation or inquiry, at a properly posted city council meeting, city council may but is not required to direct that a summary or report of the investigation prepared by the city attorney or city manager, and may but is not required to approve, disapprove, modify, or adopt such summary or report, in whole or in part. The city council, city manager, or city attorney may refer any or all of the information or matters obtained through an investigation or inquiry under this section to any other governmental officer or body.

(q)

There is no authority to “seal” or make confidential any information or matter obtain in an inquiry or investigation except as permitted or required by the Texas Open Meetings Act and the Texas Public Information Act, Texas Government Code chapters 551 and 552.

(r)

No officer or employee of the city will be required to answer questions relevant to their asserting their right against self-incrimination under the United States and Texas constitutions without the approval of the city attorney.

(s)

The city council has the discretion to permit members of the public having a concrete interest in the subject of an investigation to submit questions in writing for the city attorney to propound to a witness. The city attorney has discretion not to ask improper questions, subject to being overruled by a majority of the city council on motion of any councilmember.

(t)

Any testifying witness at an inquiry or investigation under this section has the right to consult with an attorney in confidence during such questioning, and to reasonable recesses to permit such consultation, but the mayor may limit the timing or duration of such recesses within reason, subject to being overruled by a majority of the city council on motion of any councilmember.

(Ordinance O-2020-014 adopted 5/21/20)