3.12.030 Authorization, Contents, and Manner of Service.
(1) The departments of the City shall obtain authorization for the issuance of an administrative subpoena from the Mayor or Municipal Council before serving an administrative subpoena to require the attendance of any person to give testimony or produce records, documents or things for inspection, copying, or examination.
(2) Every administrative subpoena shall:
(a) be drafted by the City Attorney or an Assistant City Attorney;
(b) issue in the name of the City and shall state on its face that it is an administrative subpoena;
(c) set forth the possible penalties for failure to respond;
(d) command each person to whom it is directed to attend and give testimony at a time and place therein specified which date and time shall not be less than three (3) days from the date of service of the administrative subpoena; and
(e) be signed by the Mayor or the Chair of the Municipal Council.
(3) An administrative subpoena may also command the person to whom it is directed to produce the books, papers, documents or tangible things designated therein; but the Mayor, upon request, before the time specified in the subpoena for compliance therewith, may quash or modify the subpoena if it is unreasonable and oppressive.
(4) An administrative subpoena may be served by any peace officer or constable, or by any other person eighteen (18) years of age or older at the time of service. Service of an administrative subpoena upon a person named therein shall be made by delivering a copy thereof to such person.
(5) A certificate with a statement as to the date, place and manner of service shall be filed with the City Attorney’s Office by the person serving the subpoena within five (5) days of the date of service, however, failure to file this proof of service shall not affect the validity of the service.