A. In conducting an investigation, the chief administrative officer shall have access at all reasonable times to premises, 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, however, that the chief administrative officer first complies with the provisions of the Fourth Amendment relating to unreasonable searches and seizures. The chief administrative officer may issue subpoenas to compel their 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 the subpoenas or interrogatories were issued or served in aid of a civil action in the United States District Court for the district in which the investigation is taking place. The chief administrative officer may administer oaths.
B. Upon written application to the chief administrative officer, a respondent shall be entitled to the issuance of a reasonable number of subpoenas by and in the name of the chief administrative officer to the same extent and subject to the same limitations as subpoenas issued by the chief administrative officer. Subpoenas issued at the request of a respondent shall show on their face the name and address of such respondent and shall state that they were issued at their request.
C. Witnesses summoned by subpoena of the chief administrative officer shall be entitled to the same witness and mileage fees as are witnesses in proceedings in United States District Courts. Fees payable to a witness summoned by a subpoena issued at the request of a respondent shall be paid by the respondent.
D. Within five days after service of a subpoena upon any person, such person may petition the chief administrative officer to revoke or modify the subpoena. The chief administrative officer shall grant the petition if they find 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 particularity the evidence to be produced, that compliance would be unduly onerous, or for other reason.
E. In case of contumacy of refusal to obey a subpoena the chief administrative officer, or other person at whose request it was issued, may petition for its enforcement in the municipal or state court for the district in which the person the subpoena was addressed resides, was served or transacts business.
F. Any person who wilfully fails or neglects to attend and testify, or to answer any lawful inquiry, or to produce records, documents or other evidence, if in his power to do so, in obedience to the subpoena or lawful order of the chief administrative officer shall be fined not more than five hundred dollars or imprisoned not more than ninety days or both. Any person who, with intent thereby to mislead the chief administrative officer, 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 chief administrative officer pursuant to his subpoena or other order, or shall wilfully neglect or fail to make or cause to be made full, true and correct entries in such reports, accounts, records or other documents, or shall wilfully mutilate, alter or by any other means falsify any documentary evidence, shall be fined not more than five hundred dollars or imprisoned not more than ninety days, or both.
G. The municipality attorney shall conduct all litigation in which the chief administrative officer participates as a party or as amicus pursuant to the ordinance codified in this chapter. (Ord. 1620-2000 § 2(part), 2000).