§ 38-36. Subpoena power.

(a)

In conducting an investigation the county manager shall have access at all reasonable times to records, documents, individuals, and other evidence or possible sources of evidence and may examine, record, and copy such materials and take and record the testimony or statements of such persons as are reasonably necessary for the furtherance of the investigation, provided that the county manager first complies with the provisions of the Fourth Amendment to the Constitution of the United States regarding unreasonable searches and seizures. The county manager may issue subpoenas to compel access to or the production of such materials or the appearance of such persons and may issue interrogatories to a respondent to the same extent and subject to the same limitations as would apply if a subpoena or interrogatories were issued or served in aid of a civil action in a superior court in which an investigation was taking place. The county manager may administer oaths.

(b)

Upon written application to the county manager, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the county manager to the same extent and subject to the same limitations as subpoenas issued by the county manager. Any subpoena issued at the request of a respondent shall show on its face the name and address of such respondent and shall state that it was issued at his request.

(c)

Within five days after service of a subpoena upon any person, such person may petition the county manager to revoke or modify the subpoena. The county manager shall grant the petition if the county manager finds that the subpoena requires appearance or attendance at an unreasonable time or place, that it requires production of evidence which does not relate to any matter under investigation, that it does not describe with sufficient particularly the evidence to be produced, that compliance would be unduly onerous, or for other good reason.

(d)

In case of refusal to obey a subpoena, the county manager or other person at whose request it was issued may petition for its enforcement in the superior court of the county in which the person to whom the subpoena was addressed resides or transacts business.

(e)

Any person who willfully fails or neglects to attend and testify or to answer any lawful inquiry or to produce records, documents, or other evidence, if it is in his power to do so, in obedience to the subpoena or lawful order of the county manager, shall be guilty of a misdemeanor. Any person who, with intent thereby to mislead the county manager, shall make or cause to be made any false entry or statement of fact in any report, account, record, or other document submitted to the county manager pursuant to the county manager's subpoena or other order, or who shall willfully neglect or fail to make or cause to be made full, true, and correct entries in any such report, account, record, or other document, or who shall willfully mutilate, alter, or by any other means falsify any documentary evidence, shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $500.00.

(Ord. of 7-27-88, § 6)