Sec. 134.108. - Refusal to obey order during investigation.
(a) If, during the progress of an investigation by a standing, special or select committee, a person refuses to testify (where there is no apparent constitutional basis for the refusal) or, having been directed by subpoena duces tecum to produce books, letters or other evidence, refuses to produce the required evidence and the committee desires to hear the testimony or to have the evidence produced, the chairman or vice-chairman shall (1) repeat the question to the witness and request that he answer it or (2) read from the subpoena duces tecum the item of evidence required to be produced and request that the witness forthwith produce the item. If the refusal continues and the committee still desires to hear the testimony or to have the evidence produced, the chairman or vice-chairman shall excuse the disobedient witness for the time being and report the facts to the Council at its next meeting, requesting that the Council issue its order to the disobedient witness.
(b) Together with the report by the committee chairman or vice-chairman, a resolution shall be introduced in the name of the committee before which the disobedient witness appeared containing an order by the Council, directed to the disobedient witness, that the disobedient witness answer the question or produce the named item of evidence forthwith and directing that the answer be made or evidence be produced to the committee at a time and place named therein. If the Council adopts the resolution, the sergeant-at-arms shall serve a certified copy of the resolution on the disobedient witness and notify him of the time and place where the committee will next meet to receive his response. The sergeant-at-arms shall make his return to the Council Secretary.
(c) If, at the time and place stated for the committee to meet and receive the response of the disobedient witness, the witness continues in his refusal to answer the question or produce the evidence, the chairman or vice-chairman, or any member of the committee present, shall appear before the State Attorney and charge the disobedient witness with a misdemeanor under Section 5.09 of the Charter.
(d) Failure of a person to answer a question or produce evidence, without an excuse acceptable to the committee or to the Council, as the case may be, for the failure, shall be deemed a refusal for the purpose of this Section. It shall not be an acceptable excuse that the person failing to answer a question or to produce evidence would be subjected, by an answer to the question or production of evidence, to public embarrassment or ridicule.
(Ord. 83-591-400, § 1)
