3322 ORDINANCE N0. 3322
AN ORDINANCE OF THE CITY OF SANFORD, FLORIDA,
SETTIN~ FORTH A METHOD BY WHICH WITNESSES
SHALL BE COMPELLED TO ATTEND AND DOCUMENTS
SHALL BE PRODUCED BEFORE THE CITY CO~e4ISSION;
PROVIDING FOR SERVICE OF THE SUBPOENA FOR
FEES, AND FOR PENALTIES; PROVIDING FOR
CONFLICTS, SEVERABILITY, /LND EFFECTIVE DATE.
WHEREAS, the Sanford City Commission has the power pursuant to
Section 2.09 of the City Charter, to subpoena witnesses and require
production of evidence to support its investigations; and
WHEREAS, the Sanford City Commission finds the Commission
needs more explicit guidelines in subpoenaing witnesses and
documents.
NOW, T~EREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF
SANFORD, FLORIDA:
SECTION 1: Witnesses to appear before the Commission or
Committee thereof.
Whenever the City Commission is investigating any matter
within its jurisdiction and the attendance of any person shall be
required as a witness before the City Commission, it shall be the
duty of the City Clerk, at the direction of the City Conm~ission, to
issue a writ of subpoena under the corporate seal of the City
directed to the person whose attendance shall be required. The
subpoena shall specify the time and place at which such person
shall appear before the Commission.
SECTION 2: Subpoenas duces tecum.
The Commission, while investigating any matter within its
jurisdiction, may compel by duces tecum the production of any
books, papers or other evidence it may desire to examine in
reference to any matter before it. It shall be the duty of the
City Clerk, at the direction of the City Commission, to issue a
writ of subpoena under the corporate seal of the City, directed to
the person in whose custody the papers or other evidence sought to
be bought before the Commission for its examination resides. The
subpoena shall specify the time and place at which the books,
papers or other evidence shall be produced before the Commission.
The subpoena provided for in this section shall be served in
accordance with the other provisions of this Ordinance relating to
the service of subpoenas.
SECTION 3: Including more than one person in subpoenas.
When more than one person are required to appear as witnesses
before the Commission, all witnesses may be included in one
subpoena.
SECTION 4: Service of Subpoenas.
The subpoenas authorized by this Ordinance may be served and
returned by the Chief of Police or another police officer of the
City. The service of the subpoena shall be made by reading the
original to the witness or by handing such person a. true copy
thereof, or by leaving a true copy of the subpoena at the usual
place of residence with a member of the family over the age of 15
years and, at the same time, informing the member of the family of
the contents thereof.
SECTION 5: Fees.
Witnesses summoned before the City Commission shall receive
mileage and per diem identical to that paid to witnesses in the
County Court, but payment in advance of either per diem or mileage
shall not be a prerequisite to obedience of the subpoena.
SECTION 6: Failure to obey subpoena or to qive testimony.
Each person who, having been subpoenaed as a witness under the
provisions of this Ordinance to give testimony or to produce books,
papers or other evidence upon any matter under investigation by the
Cor~nission shall willfully default or who having appeared, refuses
to answer any question pertinent to the question under inquiry,
shall be deemed to be guilty of a misdemeanor, and punishable as
provided by law.
SECTION 7: All Ordinances or parts of Ordinances in conflict
with any provisions of this Ordinance are hereby repealed.
SECTION 8: If any section or portion of a section of this
Ordinance proves to be invalid, unlawful, or unconstitutional, it
shall not be held to invalidate or impair the validity, force, or
effect of any other section or part of this Ordinance.
SECTION 9: This Ordinance shall become effective immediately
upon its passage and adoption.
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Ordinance NO. 3322
MAYO~ ~'
of Sanford, Florida
CERTIFICATE
I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that
was posted at the front door of the Cit~ Hall in the City of Sanford, Florida, on the/O~ra~ay
of ,( (J;d';d,'dF_A.-' , 1996..
of Sanford, Florida
/
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Ordinance No. 3322