Chapter 134 - SUBPOENAS

Sec. 130.103. - City flower adopted. JACKSONVILLE ORDINANCE CODE Chapter 134 - SUBPOENAS[1]

Footnotes: --- (1) ---

Charter reference— Investigations, § 5.09.

State Law reference— Process, F.S. Ch. 48.

Sec. 134.101. - Council Secretary to issue subpoenas.

Whenever required by a Council standing committee or other board or body authorized to issue subpoenas, upon the vote of a majority of the qualified members of the authorized body, the Council Secretary shall issue subpoenas to compel the attendance of witnesses before the Council or other board, body or standing committee. A Council committee other than a standing committee may request issuance of a subpoena by a standing committee. The Council Secretary is further empowered, upon request by an authorized committee, board or body, to issue a subpoena duces tecum to compel the production of any books, letters or other documentary evidence in the possession of a witness summoned under this Chapter.

(Ord. 68-63-92, § 1; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 118.101.

Sec. 134.102. - Oath of witnesses.

The presiding officer or, in his absence, any other member of a board, body or committee may administer oaths and affirmations, in the manner prescribed by law, to a witness who appears under subpoena for the purpose of testifying in any matter upon which evidence is to be taken. The form of oath in such cases shall be:

Do you solemnly swear or affirm to tell the truth, the whole truth and nothing but the truth under the penalties of perjury?

(Ord. 68-63-92, § 2; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 118.102.

Sec. 134.103. - Service of process.

The Sheriff shall make such service and execute all process or orders, when required by a committee acting through the Council Secretary, as prescribed in the foregoing sections, and the Sheriff shall be paid the same fees and costs as are allowed him by law for similar service.

(Ord. 68-63-92, § 3; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 118.103.

Sec. 134.104. - Compensation of witnesses.

A witness summoned before any board, body or committee mentioned in the foregoing sections shall receive five dollars for each day's actual attendance and ten cents per mile for actual distance traveled to and from the place required to appear and give such testimony. No payment under this Section shall be paid to or for a witness employed by the City or an independent agency who testifies during regular working hours.

(Ord. 68-63-92, § 4; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 118.104.

Sec. 134.105. - Penalty for failure to appear under subpoena.

A person duly served by subpoena authorized by this Chapter who fails or refuses to appear as ordered by the subpoena shall be guilty of contempt of the Council and of a class D offense.

(Ord. 68-63-92, § 5; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 118.105.

Sec. 134.106. - Penalty for false swearing.

Whoever, being summoned under this Chapter, willfully affirms falsely or willfully swears falsely in regard to any material matter or thing shall be deemed guilty of perjury and of a class D offense.

(Ord. 68-63-92, § 6; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 118.106.

Sec. 134.107. - Council Secretary to provide forms.

The Council Secretary shall provide appropriate forms for subpoenas and requests for subpoenas, upon the approval of the Office of General Counsel, and shall maintain a permanent record of subpoenas issued by him, including the name of the agency requesting the issuance of the subpoena, the witness summoned and the general subject matter with respect to which the witness was subpoenaed.

(Ord. 68-63-92, § 7; Ord. 70-650-526; Ord. 71-397-181; Ord. 83-591-400, § 1)

Note— Former § 118.107.

Sec. 134.108. - Refusal to obey order during investigation.

(a)

If, during the progress of an investigation by a standing, special or select committee, a person refuses to testify (where there is no apparent constitutional basis for the refusal) or, having been directed by subpoena duces tecum to produce books, letters or other evidence, refuses to produce the required evidence and the committee desires to hear the testimony or to have the evidence produced, the chairman or vice-chairman shall (1) repeat the question to the witness and request that he answer it or (2) read from the subpoena duces tecum the item of evidence required to be produced and request that the witness forthwith produce the item. If the refusal continues and the committee still desires to hear the testimony or to have the evidence produced, the chairman or vice-chairman shall excuse the disobedient witness for the time being and report the facts to the Council at its next meeting, requesting that the Council issue its order to the disobedient witness.

(b)

Together with the report by the committee chairman or vice-chairman, a resolution shall be introduced in the name of the committee before which the disobedient witness appeared containing an order by the Council, directed to the disobedient witness, that the disobedient witness answer the question or produce the named item of evidence forthwith and directing that the answer be made or evidence be produced to the committee at a time and place named therein. If the Council adopts the resolution, the sergeant-at-arms shall serve a certified copy of the resolution on the disobedient witness and notify him of the time and place where the committee will next meet to receive his response. The sergeant-at-arms shall make his return to the Council Secretary.

(c)

If, at the time and place stated for the committee to meet and receive the response of the disobedient witness, the witness continues in his refusal to answer the question or produce the evidence, the chairman or vice-chairman, or any member of the committee present, shall appear before the State Attorney and charge the disobedient witness with a misdemeanor under Section 5.09 of the Charter.

(d)

Failure of a person to answer a question or produce evidence, without an excuse acceptable to the committee or to the Council, as the case may be, for the failure, shall be deemed a refusal for the purpose of this Section. It shall not be an acceptable excuse that the person failing to answer a question or to produce evidence would be subjected, by an answer to the question or production of evidence, to public embarrassment or ridicule.

(Ord. 83-591-400, § 1)

Note— Derived from Rule 2.213, Rules of the Council.

Sec. 130.103. - City flower adopted. JACKSONVILLE ORDINANCE CODE