Ventura Municipal Code Ch. 1.40 Subpoenas

This chapter is adopted pursuant to the municipal affairs provision of the City Charter 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. (Ord. No. 99-2, § 1, 1-25-99)

On its own motion, at the request of any city officer, board or commission, or at the request of any person who is a party to any city administrative action or proceeding, the city council may authorize the issuance of a subpoena requiring the attendance of a witness and/or to compel the production of documents or other evidence at any city administrative action or proceeding. The city clerk will issue subpoenas in the name of the city when authorized to do so by the city council. (Ord. No. 99-2, § 1, 1-25-99)

Any city officer, board or commission or any party to a city administrative action or proceeding requesting a subpoena duces tecum must comply with the provisions of Code of Civil Procedure Section 1985, and any successor statute or regulation, before the city council authorizes the issuance of a subpoena duces tecum. (Ord. No. 99-2, § 1, 1-25-99)

City issued subpoenas will appear substantially as follows.

STATE OF CALIFORNIA )	IN THE MATTER OF _______
COUNTY OF VENTURA )	SUBPOENA
CITY OF SAN BUENAVENTURA )	[ ] Duces Tecum

THE CITY OF SAN BUENAVENTURA DIRECTS:

You are ordered to appear before _______, in _______ at City Hall, located at 501 Poli Street, Ventura, California, on the _______ day of _______, _______, at _______ o’clock _______.m., to testify in a matter now pending before _______ concerning _______.

You are

a. [ ] ordered to appear in person.

b. [ ] not required to appear in person if you produce the records described in the accompanying affidavit and provide a copy of such records, accompanied with an affidavit or declaration that complies with Evidence Code §§ 1271, 1560, 1561, and 1562, to the city clerk before the date and time specified above.

c. [ ] ordered to appear in person and produce the records described in the accompanying affidavit. The personal attendance of the custodian or other qualified witness and the production of the original records are required by this subpoena.

Disobedience of this subpoena or the refusal to testify (except upon constitutional grounds) will constitute a misdemeanor and will be punishable by the penalties provided for in Section 1936 of the San Buenaventura Ordinance Code.

IF YOU HAVE ANY QUESTIONS ABOUT THE TIME OR DATE FOR YOU TO APPEAR, OR IF YOU WANT TO ASCERTAIN THAT YOUR PRESENCE IS REQUIRED, CONTACT THE CITY CLERK BEFORE THE DATE ON WHICH YOU ARE TO APPEAR.

In Witness whereof, I have hereunto set my hand and affixed the City seal this _______ day of _______, _______.

___________

City Clerk.

(Ord. No. 99-2, § 1, 1-25-99)

Subpoenas will be served in accordance with the provisions of Code of Civil Procedure Sections 1987 and 1988, and any successor statute or regulation. (Ord. No. 99-2, § 1, 1-25-99)

A. All witnesses appearing pursuant to subpoena, other than the parties, will receive fees, and all witnesses appearing pursuant to subpoena, except the parties, will receive mileage, in the same amount and under the same circumstances as prescribed by California law for witnesses in civil actions in a superior court.

B. Fees and mileage will be paid by the party at whose request the witness is subpoenaed and will be tendered to the city clerk prior to a subpoena being issued.

C. The city clerk will forward witness fees to witnesses upon their appearance pursuant to a subpoena. (Ord. No. 99-2, § 1, 1-25-99)

Disobedience of a subpoena or the refusal to testify (under other than constitutional grounds) is a misdemeanor. (Ord. No. 99-2, § 1, 1-25-99)