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ORD CC 1980-06 - Amending Ch 2 Investigative Authority• • ORDINANCE 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 e • 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, -2- 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 I1thDAY OF March 1980. APPROVED THIS llth DAY OF March 1980. MORRIS APPROVED: ALAN . LEVIN, Special Council -3- . WALLER, Mayor