TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Tiffany Israel, City Attorney
PREPARED BY: Diego Chavez, Administrative Services Director
SUBJECT: Adoption of an Ordinance Relating to the Issuance of Subpoenas
Before the City Council
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RECOMMENDATION
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Conduct the second reading and adopt Ordinance No. 599-23 entitled: An Ordinance of the City Council of the City of Murrieta, California, Adding Chapter 1.30 to the Murrieta Municipal Code Relating to the Issuance of Subpoenas Before the City Council; and
Find the Ordinance exempt from the California Environmental Quality Act (“CEQA”) under Section 15061(b)(3) of the CEQA Guidelines.
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PRIOR ACTION/VOTE
On November 21, 2023, the City Council introduced and conducted the first reading of ordinance No. 599-23 (Vote: 4-1).
CITY COUNCIL GOAL
Maintain a high performing organization that values fiscal sustainability, transparency, accountability and organizational efficiency.
BACKGROUND
In addition to its role in establishing policy and adopting legislation, the Murrieta City Council also serves in a quasi-judicial capacity in public hearings and appeals. When serving in this manner, it is occasionally necessary to be able to compel the appearance of individuals to provide needed testimony and/or the production of documents for evidentiary purposes. When witnesses do not appear voluntarily and/or provide required evidentiary materials, it is necessary to issue a subpoena to compel such an appearance or production.
California Government Code Sections 37401, et seq., provide the authority for the City Council to issue subpoenas to compel the attendance of witnesses and/or the production of documents in hearings before the Council. The proposed Ordinance provides the framework for the City Council to issue subpoenas, when necessary, and when authorized by a vote of the Council. Once properly issued, an individual who fails to appear at a hearing and/or produce the requested documents may be subject to an attachment (similar to a warrant) and contempt proceedings before a judge in the superior court.
FISCAL IMPACT
None.
ATTACHMENTS
1. Ordinance No. 599-23