ARTICLE II. COUNCIL
2-31 Investigative powers; subpoenas.
(a) The council shall have the power to hold hearings for the purpose of investigating any matter connected with its authority and responsibilities.
(b) The president and president pro tem of the council may issue subpoenas under the hand and corporate seal of the city directed to any person whom the council deems necessary as a witness in any matter pending before them and ordering such person to appear before the council at a certain time and place to be designated in the subpoena, to testify concerning such matter or thing, or to produce before the council at such time and place, such books, records, contracts, or other papers as shall be designated in the subpoena.
(Code 1985, § 2-46)
2-32 Manner of service of subpoena.
(a) Subpoenas issued under section 2-31 may be served by any person of the age of 21 years.
(b) Service of the subpoena shall be in the same manner as subpoenas issued out of the circuit court for the county.
(Code 1985, § 2-47)
2-33 Failure to comply with subpoena.
(a) If any person subpoenaed as provided in this article shall fail to appear at the time and place, on due proof by affidavit of personal service upon the person subpoenaed, filed with the clerk, or if any person appearing shall refuse to testify or to answer any question relative to the matter under inquiry, or produce any books, records, contracts or other papers required to be produced by the subpoena and under the control of the witness, except those persons lawfully claiming any right or privilege under the law to justify failure to testify or answer, such person or witness shall be deemed guilty of a misdemeanor.
(b) The council may, by petition, invoke the aid of the county circuit court in requiring the attendance and testimony of witnesses, and to produce all books, papers and documents, for the county circuit court, and may issue subpoenas in the usual manner requiring the attendance of any witness to testify and to produce all books, papers and documents before the council.
(c) In case of refusal to obey subpoena or answer any personal questions propounded by the council, the circuit court may issue an order requiring such person to appear before the council and to produce books, papers and documents if required, and giving evidence touching matters under investigation.
(Code 1985, § 2-48)
2-34 Conduct of hearings.
The council may in its discretion conduct hearings as provided in this article, either in private or public. It may admit those persons to appear at such hearings as in its judgment is necessary to conduct the hearing.
(Code 1985, § 2-49)
2-35 President of council to administer oath.
The president and president pro tem shall have the power to administer oaths to persons testifying in respect to any matter pending before the council.
(Code 1985, § 2-50)
2-36 Perjury.
Any person who shall take any oath or affirmation in respect to any matter pending before the council and wilfully swear falsely as to any material fact in respect to such matter, shall be guilty of perjury, and shall be punished as provided by the law of this state.
(Code 1985, § 2-51)
State law reference—Perjury generally, MCL 750.412 et seq.
2-37 Witness fees.
Each witness testifying in accordance with this article shall be entitled to receive the same fees for attendance as is provided by law for the payment of witness fees in the circuit court for the county.
(Code 1985, § 2-52)
2-38 Right of involved parties to witnesses.
Any person who is involved in any investigation before the council and who is legally entitled to a hearing before the council shall be entitled to process to compel the appearance of witnesses in his behalf.
(Code 1985, § 2-53)
2-39 Testimony; oath required; writing.
(a) Testimony of all persons taken before the council shall in all cases be taken under oath.
(b) The testimony of all persons taken before the council shall be reduced to writing by a stenographer employed for the purpose, when authorized by the council, and be filed and preserved in the office of the clerk.
(Code 1985, § 2-54)