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CA:RMM:rmo096/hpca
City Council Meeting 1-14-86
Santa Monica, California
ORDINANCE NUMBER 1355 (CCS)
(city council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SECTIONS
2604, 2605, 2606, 2607 AND 2608 OF THE
SANTA MONICA MUNICIPAL CODE AND ADDING
SECTION 260BA TO THE SANTA MONICA
MUNICIPAL CODE RELATING TO SUBPOENAS
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Section 2604 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 2604.
Form of Subpoena. The
form of Subpoena to be issued by the city
Council under section 614 of the City
Charter
shall
be
substantially
as
follows:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF SANTA MONICA
SUBPOENA
)
) S5
)
IN THE MATTER OF
THE CITY OF SANTA MONICA SENDS GREETINGS TO:
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You are hereby commanded to appear before the city Council
of the city of Santa Monica, in the Council Chamber in the City
Hall of said city, on the ____ day of
198 t at the
o'clock ____M., to testify in a matter now pending
hour of
before said City council concerning
and to bring with you and to produce before said city Council the
following:
to be used as evidence.
Disobedience of this subpoena or the refusal to testify
( except upon
constitutional
grounds)
shall
consti tute a
misdemeanor and shall be punishable by the penalties provided for
in section 1200 of the Municipal Code of the City of Santa
Monica.
In Witness Whereof, I have hereunto set my hand and affixed
the seal of said city of Santa Monica this
day of
, 19
City Clerk.
SECTION 2. Section 2605 of the Santa Monica Municipal Code
is amended to read as follows:
Section 2605.
Use of Subpoena by
Hearinq
Examiner
and
Boards
and
commissions.
The
Hearing
Examiner,
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Architectural Review Board,
e
Personnel
Board,
Planning Commission,
or upon
specific
authorization by
the
City
Council, any other board or commission
enumerated in Article X of the City
Charter or created by ordinance of the
city council are empowered to compel the
attendance of witnesses, to examine them
under oath, and to compel them to produce
all evidence before it. subpoenas may be
issued in the name of the city pursuant
to the order of the Hearing Examiner or
any such board or commission and be
attested
by the
Ci ty Clerk.
Such
subpoenas shall be in SUbstantially the
same
form
as
herein
provided
for
subpoenas to be issued by the order of
the City Council.
Disobedience of any
subpoena issued in the manner herein
provided or the refusal to testify
(except
upon
constitutional
grounds)
shall constitute a misdemeanor and shall
be punishable by the penal ties provided
for in section 1200 hereof.
SECTION 3. Section 2606 of the Santa Monica Municipal COde
is amended to read as follows:
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SECTION 2606. Service. Subpoenas issued
by the order of the City Councilor by any
board or commission under Section 2605
shall be served by a pOlice officer or
other person by delivering a true copy
thereof to the witness and by exhibiting
the original subpoena to such witness, and
such police officer or other person making
such service shall make due return thereof
in writing, showing such service and the
time, date and place thereof.
SECTION 4. Section 2607 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION 2607.
Witness Fees and
Mileaqe. A witness appearing pursuant to
a subpoena of the City Councilor pursuant
to Section 2605 shall be entitled to
receive the sum of four dollars and fifty
cents ($4.S0) for each hour that he or she
is actually in attendance, not to exceed
the sum of thirty-five dollars ($35.00)
per day, and in addition thereto, for
mileage actually travelled, both ways,
twenty cents ($0.20) a mile. Such witness
shall not be entitled to demand payment of
fees and mileage in advance.
Such fees
and mileage shall constitute a demand
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against the City to be paid in like manner
as other demands.
SECTION 5. section 2608 of the Santa Monica Municipal Code
is amended to read as follows:
SECTION
2608.
Complaint
for
Disobedience. Should any person fail to
obey any such subpoena, or refuse to
testify
(except
upon
constitutional
grounds) the city Council, board or
commission, pursuant to whose order such
subpoena is issued, shall thereupon adopt
a resolution embodying the facts of such
disobedience or refusal to testify and
directing the presiding officer of such
body to make complaint in the Municipal
Court for the Santa Monica Judicial
District against such person.
SECTION 6.
Section 2608A is added to the Santa Monica
Municipal Code to read as follows:
SECTION 2608A.
Enforcement of Rent
Control Board Subpoenas. Disobedience of
any subpoena issued by or on behalf of
the Rent Control Board pursuant to the
provisions of Article XVIII of the City
Charter or the refusal to testify before
the Rent Control Board or one of its
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hearing
e
officers
(except
upon
constitutional grounds) shall constitute
a misdemeanor and shall be punishable by
the penalties provided for in Section
1200 hereof.
Should any person fail to
obey such subpoena or refuse to testify
(except upon constitutional grounds), the
Rent Control Board shall thereupon adopt
a resolution embodying the facts of such
disobedience or refusal to testi fy and
directing the Chairperson of the Rent
Control Board to make complaint in the
Municipal Court for the Santa Monica
Judicial District against such person.
SECTION 7.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 8.
If any section, subsection, sentence, clause,
or phrase of this ordinance is for any reason held to be invalid
or unconstitutional by a decision of any court of competent
jurisdiction, such decision shall not affect the validity of the
remaining portions of the ordinance.
The City Council hereby
declares that it would have passed this ordinance and each and
every section, subsection, sentence, clause or phrase not
declared inval id or unconstitutional without regard to whether
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any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 9. The Mayor shall sign and the city Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoption. The ordinance shall become
effective after 30 days from its adoption.
APPROVED AS TO FORM:
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ROBERT M. MYERS
City Attorney
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Adopted and approved this 14th day of January, 1986.
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I hereby certi fy that the foregoing Ord inance No. 1355 (CCS)
was duly and regularly introduced at a meeting of the City
Councll on the 10th day of December 1985; that the sald Ordinance
was thereafter duly adopted at a meetlng of the Clty Council on
the 14th day of January 1986 by the followlng Councll vote:
Ayes: Counc1.1members: Conn, Epsteln, A. Katz, H. Katz,
Zane and Mayor Reed
Noes: Councilmembers: None
AbstaIn: Councllmembers: None
Absent: Councllmembers: JennIngs
ATTEST:
a.. 'fJ;, ~Pk-
C1.ty Clerk