SR-8-C (8)
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CIty CouncIl MeetIng 3-12-85
STAFF REPORT
Santa Monica, CalifornIa
i-C
MAR 1 2 1985
TO:
Mayor and CIty Council
FROM:
CIty Attorney
SUBJECT:
Ordinance AmendIng Sections 2604, 2605, 2606,
2607, and 2608 of the Municipal Code and AddIng
Section 2608a to the MunicIpal Code RelatIng
to Subpoenas
At Its meeting on January B, 1985, the CIty CouncIl
dIrected the City Attorney to prepare an ordInance relating to
subpoenas.
In response to thIS dIrection, the accompanying
ordInance has been prepared and is presented for CIty CouncIl
consideratIon.
MunIcipal
Code Section 2605 authorizes Boards and
CommISSIons enumerated in Article X of the CIty Charter or
created by City CouncIl ordInance to compel productIon of
WItnesses and evidence and provIdes that non-complIance with
such a subpoena IS punIshable as a mIsdemeanor.
The Rent Control Board has authority under CIty Charter
Section 1803(f)(11) to admInister oaths and to subpoena
WItnesses.
However, the Rent Control Law is SIlent on the
authority of the Board to compel complIance with a subpoena
that is dIsregarded. The Board has had a contInuing problem
WIth partIes Ignoring subpoenas. WIthout specifIC authority
to seek JudICIal enforcement of subpoenas, thIS problem WIll
continue.
See
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Ops.
Cal. Atty.
Gen. 236
(1951)
(AdmInIstratIve agenCIes have no Inherent authorIty to requIre
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MAR 1 2 1935
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attendance of witnesses); Marcus v. Workmen's compensatIon
Appeals Board, 35 Cal. App. 3d 598, 111 Cal. Rptr. 101 (1973)
(non-judicial agency has no power to punish for contempt for
disregarding subpoena).
AdministratIve agencIes are typIcally authorIzed by
statute to apply to a court for an order compellIng a witness
to comply wIth an administratIve subpoena. HIll v. BrIsbane,
66 Cal. App. 2d 15, 151 P.2d 587 (1944). Under statutes such
as Santa Monica Municipal Code SectIon 2608 and California
Government Code Section 11525, the agency may also apply to
the court for immediate sanctions or penaltIes for faIlure to
comply with an admInIstratIve subpoena.
The accompanying ordInance proposes that a new Section
2608a be added to the MunIcipal Code to specIfy that
disobedience of a subpoena of the Rent Control Board is
punIshable as a mIsdemeanor and that the Board may seek a
court order to enforce lts subpoenas.
EXlsting sections of the MunIcipal Code relatIng to
subpoenas are also amended. Section 2605 would be changed to
limIt the power to Issue subpoenas WIthout prIor City Council
approval to the Hearing ExamIner, PlannIng CommISSIon,
Personnel Board, and ArchItectural Review Board. Other Boards
and Commissions could Issue subpoenas only upon speCIfic CIty
CounCIl authorization.
SectIon 2607 would be changed to bring witness fees and
mileage reImbursement in lIne WIth fees charged by courts
pursuant to California Government Code Section 68093. WItness
fees of $4.50 per hour of actual attendance are authorIzed, up
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to a maX1mum of $35.00 per day.
Th1S 1S equivalent to the
$35.00 per day fee for court attendance.
Payment of twenty
cents
per mile actually travelled, both ways,
is also
provlded. This is the same rate provlded under state law.
MInor technical and clerical changes have been made to
Sect10ns 2604, 2606, and 2608.
RECOMMENDATION
It 1S respectfully recommended that the accompanying
ordlnance be 1ntroduced for first read1ng.
Prepared by: Robert M. Myers, City Attorney
Stephen S. Stark, Assistant City Attorney
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CA:RMM:rmsubpoe
City CouncIl MeetIng 3-12-85
Santa Monica, CalIfornIa
ORDINANCE NUMBER
(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 2608A 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 SubDoena.
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
S5
IN THE MATTER OF
SUBPOENA
THE CITY OF SANTA MONICA SENDS GREETINGS TO:
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
,
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at the hour of
o'clock
M., to testify in a
matter now pending 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 other than constitutional grounds) shall
constitute 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
affixed
of
the seal of said City
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have hereunto set my hand and
of Santa Monica thiS day
City Clerk.
SECTION 2. Section 2605 of the Santa Monica Municipal
Code is amended to read as follows:
SectIon 2605.
Use of Subooena
by ~earlng Examinert Boards and
CommisslQn~. The Hearing Examiner,
Architectural Review Board, Personnel
Board, Planning CommiSSion, or upon
specific authorization by the CIty
Council, any other board or commission
enumerated In Article X of the City
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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 CIty 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 penaltIes provided
for In Section 1200 hereof.
SECTION 3. Section 2606 of the Santa MonIca MunicIpal
Code IS amended to read as follows:
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
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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
Mlleaqe. 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 ($4.50) 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 against the City
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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 subpoenaJ or refuse
to testify (except upon constitutional
grounds) the City CouncilJ board or
commlssionJ 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 of
the City of Santa Monica 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
refusal to testify
Charter or the
before the Rent
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Control Board or one of Its hearing
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 fall
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 testify 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 modlfed 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
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ordinance and each and every section, subsection, sentence,
clause or phrase not declared InvalId or unconstitutIonal
without regard to whether 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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