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- CI. , OF SAN BERNARDI. 0 - REQUl JT FOR COUNCIL AC. ~ON
From: Ralph H. Prince
Subject: Subpoena Power of Council
Committees
Dept: City Attorney
Date: February 3, 1986
Synopsis of Previous Council action:
Recommended motion:
Waive further first reading and adopt ordinance.
~~~
. Signature
Contact person: Ralph H. Prince
Phone:
5255
Supporting data attached: Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
N/A
Finance:
Council Notes:
75-0262
Agenda Item N~/.J!1/y).k"'//v,
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~ 37104 CITY GOVERNMENT Title 4
~ 37104. Subpenas; Issuance; purposes
The legislative body may issue subpenas requiring attendance of
witnesses or production of books or other documents for evidence or
testimony in any action or proceeding pending before it. (Added
Stats.1949, c. 79, p. 153, ~ 1.)
Derivation: Stats.l883, Co 49, p. 93, I 862.22, adJed Stats.l035, c. 737, p. 2073, ! 23.
Div. S
~ 37H
On]
judge haJ
Deny.tie
Arrest of'
Cross References
Issuance ot Bubpoena in administrative proceedings, Bee f 11510.
Subpoena, means of production, generally. see Code of Civil Procedure I 1985 et aeq.
Library References
Municipal Corporations ~60.
C.J.S. Municipal Corpora-dona 1153.
.
~ 3714
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~ 37105. Subpenas; signature; attestation; service
Subpenas shall be signed by the mayor and attested by the city
clerk. They may be served as ,subpenas are served in civil actions.
(Added Stats.1949, c. 79, p. 153, ~ 1.)
Derivation: Stat"I8B3, c. 49. p. 93. ! 862.22, ndded Stot..1935. c,, 737, p. 2073. I 23.
Contempt,
DisobedieIl
Ponishmel
Cr.oss References
V Service of subpoena, see Code of Civil Procedure I 1~ et scq.
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~ 37106. Witnesses; refusal to appear or to testify; teport to
judge
If any person duly subpenaed neglects or refuses to obey a sub-
pena, or, appearing, refuses to testify or answer any questions which a
majority of the legislative body decide proper and pertinent, the mayor
shall report the fact to the judge of the superior court of the county.
-,
(Added Stats.1949, c. 79, p. 153, ~ 1.)
Derivation: Stata.I8B3, Co 49, p. 93. I 862,22, odded Stat..1935, c. 737, p. 2073. I 23.
~ 371
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Cross Referencel
Disobedience of subpoena a contempt, see Code ot Civil Procedure II 1209, 100L
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~ 37107. Witnesses; refusal to appear or to testify; attachment
The judge shalllssue an attachment directed to the sheriff of the
county where the witness was required tp appear, commanding him to
attach the person, and forthwith bring him before the judge. (Added
Stats.1949, c. 79, p. 153, ~ 1.)
Derivation: Stata.18B3, Co 49, p. 93. I 862.22, added Stat..1935. c. 737, p. 2073, I 23.
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board of
equal to J
iog to thl
fisen! ree
CrOll Referene"
Arrest of witness for failure to obey ,ubpoena, Ue Code of Civil Procedure '1993.
Power of court to compel attendance of witness, Bee Code of CIvil Procedure t 128(6).
458
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Div.8
LEGISLATIVE BODY-POWERS
fi 37110
:e of
:e or
dded
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fi 37108. Witnesses; refusal to appear or to testify; JnrIsdlctlon
On return of the attachment and production of the witness, the
judge has jurisdiction. (Added Stats.1949, c. 79, p.l54, fi 1.)
Derivation: 5tnte.1ss3, c. 49. p. 93, I 862.22. nod cd 510Ie.1935, c. 737, p. 2073, I 23.
23,
Croll. References
A rr{'st of "dtncss for failure to obfy Elubpocnn, sec Couc o( Ci\'il PrOCfdure , 1903.
actj.
fi 37109. Witnesses; refusal to appear or to testify; contempt
The right of a witness to purge himself of the contempt and the
proceedings, penl;l1ties, and punishment shall be the same as If the con-
tempt had been committed in a civil trial in .a superior court. (Added
Stats.1949, c. 79, p. 154, fi 1.)
Derivation: Stats.1883, c. 49, p. 93, I 802.22, oudeu Stots.1935, c. 737, p. 2073, I 23.
3.
! city
lions.
Cross References
Contempt, generally, see Code of Civil Procedun', I 1209 et seq.
Diflobediencc to subpoena, generally, .ee Code of Civil Procedure f ]991 et ~eQ.
Puni!;hJDe~t for contempt, Bee Penal Code f 1331.
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Added j
.123, '1
1993. I
23(6).
~ 37110. Music and promotion expenditures
The legislative body may expend a sum not to exceed 5 percent of
the money accruing to the general fund in the fiscal year for music and
promotion, including promotion of sister' city and town afflllation
programs. This limitation shall not be applicable to any moneys
accruing to the general fund derived pursuant to Section 51030. (Add-
ed Stats.1949, c. 79, p. 154, fi I, as amended Stats.1965, c. 608, p. 1943,
g 1; Stats.1968, c. 848, p. _, g 1.)
Library References
Municipal Corporations p860. C.J.S. M;unicipal 9orporotions f 1835.
Notes elf Decisions
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Historical Note
The 1965 amendment added the final ing promotion -of sister city and town nf-
aentence. filiated _pr?g~am~~'~._
The 1968 aJDendment added, at tlle end Derivation: Stnts.1883, Co 49, p. 93. !
of' the fint l=entcnC'e, the ".ords "wclud- 862.23, added Stnts.1935, Co 737, p. 2073, 5
24.
I. In aener.'
Maximum amount that con be expended
by 0 city for chamber of commerce or
board of trade activities is an amount
equal to five percent of the money accru-
ing to the generol fund of the city in the
fiscal year, or an amount equal to five
cents on ench $100 of assessed "alue, or
no !lmount raised by 8 special tax of Dot
to exceed 15t! on. each $100 of assessed
value, or, under certain circumstances. an
amount equal to total obtained by combi-
nation of two of the above methods. 2S
Ops.Atty.Gen. 320.
459
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1
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.58
OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE PROCEDURES FOR
3 COMPELLING THE ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS
AT MEETINGS OF THE LEGISLATIVE BODY OR ITS COMMITTEES APPOINTED
4 FROM ITS MEMBERSHIP TO CONDUCT AUTHORIZED INVESTIGATIONS AND
DECLARING THE URGENCY THEREOF.
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
7 SECTION 1. Chapter 2.58 of the San Bernardino Municipal Code
8 is amended by adding thereto Section 2.58.090 to read:
9 "2.58.090 Council - Subpoena power.
10 The Council is empowered to issue subpoenas requiring
11 attendance of witnesses or production of documents for evidence or
12 testimony in any action, proceeding or matter before it and may
13 delegate such subpoena power to its committees appointed from its
14 own membership to conduct investigations authorized by the
15 Council. The chairperson of a committee or the Mayor may sign the
16 subpoena. The provisions of Sections 37105 through 37109 of the
17 Government Code, as amended, and other applicable state laws, are
18 adopted and made applicable to implement and enforce the powers
19 and provisions of this section and the City Charter."
20 SECTION 2. Urgency. This ordinance is an urgency measure
21 which shall take effect and become operative upon its adoption and
22 approval. The facts constituting such urgency are as follows:
23 The Council has appointed a committee from among its
24 membership to investigate the construction or partial construction
25 of buildings which are unsafe and hazardous, to develop facts
26 surrounding the inspection and approval of phases of construction
27 of such buildings and to make appropriate legislative
28 recommendations to the Council. The committee does not possess
1 subpoena power to effectively conduct the investigation and
2 urgently needs such power to obtain testimony and documents to
3 curtail illegal construction activities, to improve related
4 administration and inspection practices, and to more fully protect
5 the public and good faith purchasers.
6 I HEREBY CERTIFY that the foregoing ordinance was duly
7 adopted by the Mayor and Common Council of the City of San
8 Bernardino at a meeting thereof, held
9 on the day of , 1986, by the following
10 vote, to wit:
11 AYES: Council Members
12
13
14
15
16
17
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20
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24
25 City Attorney
26
27
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...
...
NAYS:
ABSENT:
of
City Clerk
The foregoing ordinance is hereby approved this
, 1986.
day
Mayor of the City of San Bernardino
Approved as to form:
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1
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER 2.58
OF THE SAN BERNARDINO MUNICIPAL CODE TO PROVIDE PROCEDURES FOR
3 COMPELLING THE ATTENDANCE OF WITNESSES AND PRODUCTION OF DOCUMENTS
AT MEETINGS OF THE LEGISLATIVE BODY OR ITS COMMITTEES APPOINTED
4 FROM ITS MEMBERSHIP TO CONDUCT AUTHORIZED INVESTIGATIONS AND
DECLARING THE URGENCY THEREOF.
5
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
6 ORDAIN AS FOLLOWS:
7 SECTION 1. Chapter 2.58 of the San Bernardino Municipal Code
8 is amended by adding thereto Section 2.58.090 to read:
9 "2.58.090 Council - Subpoena power.
10 The Council is empowered to issue subpoenas requiring
11 attendance of witnesses or production of documents for evidence or
12 testimony in any action, proceeding or matter before it and may
13 delegate such subpoena power to its committees appointed from its
14 own membership to conduct investigations authorized by the
15 Council. The chairperson of a committee or the Mayor may sign the
16 subpoena. The provisions of Sections 37105 through 37109 of the
17 Government Code, as amended, and other applicable state laws, are
18 adopted and made applicable to implement and enforce the powers
19 and provisions of this section and the City Charter."
20 SECTION 2. urgency. This ordinance is an urgency measure
21 which shall take effect and become operative upon its adoption and
22 approval. The facts constituting such urgency are as follows:
23 The Council has appointed a committee from among its
24 membership to investigate the construction or partial construction
25 of buildings which are unsafe and hazardous, to develop facts
26 surrounding the inspection and approval of phases of construction
27 of such buildings and to make appropriate legislative
28 recommendations to the Council. The committee does not possess
"" -
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1 subpoena power to effectively conduct the investigation and
2 urgently needs such power to obtain testimony and documents to
3 curtail illegal construction activities, to improve related
4 administration and inspection practices, and to more fully protect
5 the public and good faith purchasers.
6 I HEREBY CERTIFY that the foregoing ordinance was duly
7 adopted by the Mayor and Common Council of the City of San
8 Bernardino at a
meeting thereof, held
9 on the
, 1986, by the following
day of
10 vote, to wit:
11
12
Council Members
AYES:
13 NAYS:
14 ABSENT:
15
16
17
18
19
20
21
22
23
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
~~'UO
25 City At orney
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26
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