§ 2-23. Subpoena of witnesses and documents.

(a)

Authority. The council or any committee thereof may, in the investigation of any matter before it, summon witnesses and compel their attendance, may compel witnesses to testify under oath, and to produce documents, things, or other evidence in their possession which may be necessary to the matter or matters under investigation. The president of the council shall have the power to sign and issue subpoenas in the name of the council requiring attendance and giving testimony by witnesses and the production of documents, things, and other evidence.

(b)

Oath. Witnesses shall be sworn by the clerk of the council or by any other person designated by the council president for the administration of oaths.

(c)

Service. All subpoenas shall be issued to witnesses by the clerk of the council under the signature of the council president. The services of subpoenas may be made by the seventh ward marshall, or the sheriff, or any deputies thereof, or by any officer or employee of the city in person or by domiciliary service.

(d)

Penalty for failure to appear. Any person having been duly summoned to appear before the council, or any committee thereof, who fails to appear without just cause at the appointed time and place, and/or who fails to produce documents or things subpoenaed, shall, upon conviction thereof, be fined not more than two hundred dollars ($200.00), or imprisoned for not more than sixty (60) days, or both.

(e)

Contempt of the council. Any person summoned as a witness who refuses to answer any question put to him, except such as might lead him to accuse himself of some crime, and/or who fails to produce documents or things subpoenaed at the time and place so ordered, shall be guilty of contemptuous behavior in the presence of the council in session, and the council may, instanter, by resolution cause him to be arrested and imprisoned for not more than ten (10) days.

(f)

Continuing contempt. Every day a person fails or refuses to obey such summons, or to produce documents, things, or other evidence subpoenaed, or to give testimony, as required, shall constitute a separate offense.

(Ord. No. 2717, C.S., 10-3-00)