SUBJECT
Title
Introduce an Ordinance Adding Chapter 1.07 (Administrative Subpoena) to the Sunnyvale Municipal Code Authorizing City Staff to Issue Administrative Subpoenas in Connection with Code Enforcement Investigations
DISCUSSION
Subpoenas are a legally enforceable order that can be used to compel a person to appear and testify at a legal proceeding and/or produce documents or records. There are three types of subpoenas: judicial, legislative, and administrative.
* Judicial subpoenas are issued by judges or attorneys in connection with a matter that is before the court.
* Legislative subpoenas are issued by a legislative body. For example, Section 613 of the Sunnyvale City Charter empowers the City Council to subpoena witnesses to appear at public hearings.
* Administrative subpoenas are issued by the staff of government agencies to assist in the performance of the agency's duties. Federal, state, and local agencies commonly use administrative subpoenas in order to gather information needed for regulatory enforcement. Although public employees do not have inherent authority to issue subpoenas, the authority can be granted by statute, local ordinance or charter provision.
Administrative subpoenas are different than search warrants and inspection warrants, which can only be issued by a judge. A subpoena legally compels a person to produce documents for inspection, but it does not allow Public Safety or other City staff to enter, search, or seize any private property. A subpoena can also compel a witness to testify at a code enforcement or other administrative hearing. The City would need to take additional legal steps to enforce the subpoena, such as citing the person for violation of the Sunnyvale Municipal Code (SMC). This provides judicial oversight of the reasonableness and legality of the subpoena.
In March 2018, the First District Court of Appeal upheld the City and County of San Francisco's use of an administrative subpoena to obtain documentati...
Click here for full text