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SR-8-C (8) l'. . '\, '"\ - "', r f j "-j . CA:RMM:SSS:ms:sssubsr 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 18 Ops. Cal. Atty. Gen. 236 (1951) (AdmInIstratIve agenCIes have no Inherent authorIty to requIre ~"c. 1 MAR 1 2 1935 . . 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 2 . . 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 3 . . 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 , 1 . . 198 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 , 19 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 2 . . 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 3 . . 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 4 . . 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 5 . . 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 6 . . 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: ~~.L ROBERT M. MYERS City Attorney r " 7