Banning Municipal Code Ch. 1.30 Legislative Subpoenas

This chapter is adopted for the purpose of establishing a procedure for issuing subpoenas to compel the attendance of witnesses and the production of other evidence at city administrative actions or proceedings that are brought before the city council or any other commission, board, hearing officer or other decision-making body authorized under this Municipal Code, or pursuant to a city resolution or contract.

(Ord. No. 1417, § 2, 1-12-10)

The city council, or its designee, may issue a subpoena pursuant to California Government Code § 37104 et seq. as it may subsequently be amended in order to require attendance of witnesses or production of books or other documents for evidence or testimony in any action or proceeding pending before it, so long as it serves any valid purposes within the jurisdiction of the city council.

(Ord. No. 1417, § 2, 1-12-10)

Subpoenas issued pursuant to this chapter shall be signed by the mayor and attested by the city clerk. They may be served as subpoenas are served in civil actions.

(Ord. No. 1417, § 2, 1-12-10)

Subpoenas may be issued pursuant to section 1.30.020 upon the city council's own motion, or at the request of any city officer, board, commission, or hearing officer authorized to prosecute or preside over any city administrative action or proceeding. Administrative actions or proceedings subject to the subpoena powers granted by this chapter include, without limitation, any hearing, judicial or quasi-judicial proceeding authorized or adopted by the city council pursuant to ordinance, resolution or contractual agreement.

(Ord. No. 1417, § 2, 1-12-10)

City-issued subpoenas will appear substantially as follows:

[Figure]

(Ord. No. 1417, § 2, 1-12-10)

If any person duly subpoenaed pursuant to this chapter neglects or refuses to obey said subpoena, or, appearing, refuses to testify or answer any questions which a majority of the legislative body decide proper and pertinent, the mayor, or his/her designee, shall report that fact to the judge of the superior court of the County of Riverside. Pursuant to Government Code § 37107, the mayor or his/her designee shall request the judge to issue an attachment directed to the Riverside County Sheriff, commanding the sheriff to attach the person, and forthwith bring the person before the judge.

(Ord. No. 1417, § 2, 1-12-10)