§ 4-28 — Malfeasance

4-28. Malfeasance.

1. MAJORITY VOTE. A majority of all the members elect of the common council shall have power to dismiss from office, for malfeasance in office in said city, any person elected or appointed to office in said city, except justices of the peace. And the common council shall provide by ordinance the manner of hearing and disposing of complaints against such officers. (S. 7, Subch. 19, Ch. 184, L. 1874.) 2. INVESTIGATION. Whenever any charges of official misconduct shall be preferred against any member of the common council of the city of Milwaukee, or any officer of said city, the common council shall appoint a committee to investigate such charges; and it shall be the duty of the committee, as soon as practicable after their appointment, to investigate the matter of any charges which may have been so preferred, and to report the results of their investigation to the said common council, and in case such committee shall deem it necessary or proper for the purposes of their investigation, they may examine witnesses on oath in relation to any such charges; and the several members of such committee are hereby authorized and empowered to administer oaths to witnesses to be examined, for the purposes of such examination. (S. 8, Subch. 19, Ch. 184, L. 1874.) 3. SUBPOENAS. Subpoenas may be issued for the purpose of procuring attendance of witnesses before any committee appointed pursuant to the preceding section (S. 8, subch. 19, ch. 184, L. 1874.). Each subpoena shall state when and where, and before whom, the witness is required to appear and testify, and may require such attendance forthwith, or on a future day named, and the production of books, records, documents and papers therein to be designated. All such subpoenas shall be signed by the city clerk of said city, and shall be issued under the seal of said city, and may be served in the same manner, and shall have the same force and effect as subpoenas issued out of the circuit court. Any willful or corrupt false swearing by any witness or person giving testimony before such committee or any member thereof, or making depositions to any material fact relating to the matter under investigation before such committee shall be deemed guilty of perjury, and shall be punished as such in the manner provided by law. The provisions of law in respect to the attachment of witnesses subpoenaed before justices of the peace and compelling the attendance of such witnesses to appear and testify before them, are hereby applied to the case of witnesses subpoenaed before such committee, and such committee may exercise the powers of arrest, fine and imprisonment for contempt vested in the court in such cases. Writs of attachment and commitment for contempt shall be signed by the chairman of such committee. (S. 9, Subch. 19, Ch. 184, L. 1874.)