ORD CC 1980-06 - Council Investigative authorityORDINANCE NO. 80 -6
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE I BY
ADDING THERETO SECTION 2 -3 PROVIDING CITY COUNCIL
WITH INVESTIGATIVE AUTHORITY; PROVIDING COUNCIL
WITH SUBPOENA POWER; MAKING CERTAIN PROVISIONS IN
THAT REGARD; PROVIDING A PENALTY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS Section 4.05 of the Chapter for the City of
Huntsville, Texas, provides that City Council shall have
certain investigative authority; and
WHEREAS the City Council has determined that such
authority is essential to the continued efficient operation
of local government; and
WHEREAS City Council has concluded that an effective
penalty should be provided in the event of contempt and /or
noncompliance with a City Council subpoena; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
HUNTSVILLE, TEXAS:
Section 1. That Chapter 2, Article I of the Code of
Ordinances of the City of Huntsville, Texas, be and and the
same is hereby amended by adding thereto Section 2 -3 which
section shall hereafter read as follows:
"Section 2 -3(a) - City Council shall have the power to
inquire into the official conduct of any department,
agency, office, officer or employee of the City, and
for that purpose shall have the power to administer
oaths, subpoena witnesses, compel the production of
books, papers and other evidence material to the inquiry.
Section 2 -3(b) - The City Secretary, at the written
direction of the Mayor after a majority vote of approval
by the City Council, shall issue a subpoena for any
witness or witnesses or for the production of books,
papers and other evidence material to any Council
inquiry, on a form prescribed and approved by City
Council. A separate subpoena, together with a copy
thereof, shall be issued for each witness subpoenaed.
Section 2 -3(c)- The City Council subpoena shall include
at least the following information: name of witness,
the date, time and place at which the witness is required
to appear, and the fact that such witness is being
summoned at the instance of the City Council of the
City of Huntsville, Texas. All subpoenas shall be
dated and attested by the City Secretary and the date
of its issuance shall be noted thereon. Subpoenas
shall be addressed to "Any peace officer of the City of
Huntsville, Texas" and, after service has been completed,
the copy of the subpoena shall be returned to the City
Secretary with the Officer's return to indicate the
date, time and place of service or an explanation as to
why service could not be completed.
Section 2 -3(d) - Any City Council subpoena may also
command and require the person to whom it is directed
to produce books, papers, and other evidence material
to the Council inquiry.
Section 2 -3(e) - All City Council subpoenas shall be
served upon the person subpoenaed by a peace officer
employed by the Police Department of the City. Subpoenas
shall be served by delivering a copy of such subpoena
to the witness; provided however, that the provisions
of Rules 106, 109 and 109(a) of the Texas Rules of
Civil Procedure shall also be applicable, except that
"City Council" shall be substituted for "The Court"
throughout said three Rules.
Section 2 -3(f) - Every witness summoned by City Council
shall appear as directedin the subpoena and shall
continue to attend as directed by the City Council from
day to day until discharged by the City Council. If any
witness, after being duly summoned, shall fail or
refuse to attend, shall fail or refuse to testify or
shall fail or refuse to produce books, papers or other
evidence material to the inquiry, such witness shall be
guilty of a misdemeanor and upon conviction thereof
shall be punished by fine not exceeding TWO HUNDRED
DOLLARS ($200.00). Each and every day or fraction
thereof during which period any witness is in contempt
of the City Council by failing or refusing to fully
comply with a City Council subpoena directed to such
person shall be deemed a separate offense.
Section 2 -3(g) - No member of the City Council shall
ever vote upon or be involved in the investigative
inquiry of any matter involving a consideration of his
or her own official conduct."
Section 2. Severability Clause.
"If any provision, section, subsection, sentence,
clause or phrase of this ordinance or the application
of same to any person or set of circumstances is for
any reason held to be unconstitutional, void or invalid,
the validity of the remaining portions of this ordinance,
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ATTE
or its application to other persons or sets of circum-
stances, shall not be affected thereby, it being the
intent of the City Council in adopting this ordinance
that no portion thereof or provision or regulation
contained therein shall become inoperative or fail by
reason of any unconstitutionality of any other portion
thereof and all provisions of this ordinance are declared
to be severable for that purpose."
Section 3. The Mayor and City Council having passed
this ordinance unanimously upon first reading, same
shall be passed finally on the date of its introduction,
this the day of , 1980, and shall
take effect immediately upon its passage and approval
by the Mayor.
PASSED THIS 11th DAY OF March
APPROVED THIS llth DAY OF March
1 /i
i
DeSHAW, ity Secretary
APPROVED:
ALAN F. LEVIN,
Special Council
, 1980.
, 1980.
MORRIS I. WALLER, Mayor
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