New Subpoena Plan to Go Before Council

Ventura City Atty. Robert Boehm today will ask the City Council to consider a proposal that would allow the panel to issue subpoenas in administrative hearings and investigations.

The measure is a modified version of an October proposal by Boehm, which the council rejected on a 3-3 vote, with Councilwoman Donna De Paola absent.

Opponents in the earlier vote--Councilmen Jack Tingstrom, Ray Di Guilio and Jim Monahan--said Boehm did not adequately document the need for such an amendment and that granting such authority to the city attorney, city manager and city hearing officers was an abuse of power.

“It has become clear that a significant segment of the community, as well as members of the City Council, are uncomfortable with provisions in such an ordinance authorizing anyone other than the City Council to cause the issuance of a subpoena,” Boehm wrote in a Dec. 22 report to the council.

Di Guilio was hesitant to comment definitively on the modified ordinance until he had more time to review Boehm’s report, but he said that if the authority is indeed limited to the council, he may support it.

Calling the proposal a preventive measure, Boehm said current guidelines for the City Council to issue a subpoena are unclear and, should the need arise, a situation that might be easily resolved by a subpoena can become complicated.

The revised proposal limits subpoena authority to the City Council and establishes a procedure for the council to follow in the event it becomes necessary to compel testimony or documents for administrative hearings or investigations before the city.

Boehm’s proposal also outlines a procedure that would give the city clerk authority to issue and serve a subpoena when directed to do so by the council. It also establishes fee and mileage reimbursements.

Failure to comply with a city subpoena would be a misdemeanor.