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HomeMy WebLinkAboutNB03-City Attorney - 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, ,~ ,;,:,:{~'i";;~'''~ ~;i;, ....., "V .",., _....~ -''If',' .,~ .- """'1' ",,,,,c'f "1' '-if-: .r"~~<, -\~"+ "'~"'~~s,,~~;,.;~~-;:\t~'~ 1":':"';1_",;:;:~~:: ,,~~;,:';'r :::'7:;,';5>~ . , ..,'. 'I'.... ""f""r ",," . , ' " . ." ," ",'" ~" , . .'.' , ,'" ',', ,', "," , '", --:" .--,,- :" ,''''. "";'; t f~--:' I ;;--,:',;" "_"-~,_,:~r'<:- '~j'Wj'~!rtr ~.r/::' " r!1 i :~;:~';'~;:,. ~' '. i ~,~ 'ff '1,: ~~ ' I ~ i ~, I;~' ' ~,iji l~~ ~ 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 The proceedi tempt Iu Stats.1~ Derlvath \~ ~~f pl b,!1. ~~! ,J ~::~ ~ 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. 'j , ~ 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 The the mon promoti< prograrr accruinl ed Stats ~ 1; Sta ';l ., :f.~, .- .". , i~i' i lJ, /~ .1 "I ' I, [, - '1 'I ~~ f ~,'.1. ; ~~ Cross Referencel Disobedience of subpoena a contempt, see Code ot Civil Procedure II 1209, 100L ,I . The 19< --------.eDtenee.. TIle 19;' of the fil i~ [.1 1 ' vi "1 F "~ i ! ~ 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. I 1 1 I Yunicip .i I. I. ..r loInxImu bJ . ot;! 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 t.. ,I ,. ---- ~~tf1ijf::[~~'i'^ lie 4 Div.8 LEGISLATIVE BODY-POWERS fi 37110 :e of :e or dded I I 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. .~ l' !' .~ !~ l ~I ; r, t 1 '. I 123. >rt to l. sub- ruch a nayor )unty. , 1 123- -- ---.----- I '1. hment J of the him to 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 . i J II I ' , : ~ r;., , '~I i [:j'l 110. :1 .. ~ I I" -a; - r'~.fl I. , I'.I! "11' " I 1'\ '!I :,1: : IIi ., 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 II : ._' ,I I,: i' I: ~I I I i I I ;i! I ;. ! ~ : ':1'1 ! i, ,. , , I - ~ - 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 18 19 20 21 22 23 24 25 City Attorney 26 27 28 ... ... 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: -2- ~ \" ){-f" /' \ I f 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 , 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 24 26 27 28 -2-