§ 2-4. County commission subpoena power.

(a)

Authority to call witnesses. Pursuant to T.C.A. § 5-5-126, members of a county legislative body have the authority to administer an oath or affirmation when a witness is called to give testimony for the county legislative body or any committee of the county legislative body that has been created by a duly adopted resolution of the county legislative body.

Pursuant to section 2.02(H) of the County Charter, the commission and its authorized committees have the power to subpoena witnesses for the purposes set forth in section 2.02(H) of the County Charter.

(b)

Procedure of issuance of subpoena. The county commission and its authorized committee shall call such witnesses as described in subsection (a) by issuing a subpoena upon the person for the person and/or for the records described in the subpoena. Every subpoena shall be issued by the county clerk at the direction of the commission or authorized committee, shall state the name and location of the commission or committee calling the witness to give testimony, shall describe the documents to be produced, and shall command each person to whom it is directed to attend and give testimony at the time and place specified and to bring the documents specified. The subpoena shall be served upon the person to be sworn pursuant to this article by certified mail, in addition to means of service prescribed by the Tennessee Rules of Civil Procedure.

Charter reference— Charter of Knox County, Tennessee, Section 2.02 H.

State Law reference— Subpoena, T.C.A., Rules of Civil Procedure, Rule 45.

(c)

Production of documentary evidence. A subpoena may command the person to whom it is directed to produce the books, papers, documents or tangible things designated therein.

(d)

Pertain to county business. A subpoena under this article shall be related to or pertain to any of the following: Public county business, programs funded by the county, groups appointed by the county commission, or the county mayor, or businesses with which the county has a contractual relationship.

(e)

Witness fees. Witnesses under subpoena shall be entitled to the same fees as are now or may hereafter be provided for witnesses pursuant to the Tennessee Rules of Civil Procedure, and, unless otherwise provided by law or by action of the county commission, the commission shall bear the costs of paying such fees to the witness subpoenaed.

(f)

Reasonable costs of producing records. Persons or entities who are not county employees, county officials, grantees, or independent contractors in contract with the county who are subpoenaed to produce records may request the reasonable costs of producing said records and the commission shall bear the reasonable costs of the production of the subpoenaed records.

(g)

Method for enforcement of subpoena. In the case of disobedience of any subpoena issued and served under this article or to any lawful request for information or of the refusal of any person to testify in any matter regarding which he may be questioned before the county commission or a committee of the commission, the commission or committee may apply to the general sessions court of the county for an order to compel compliance with the subpoena or the furnishing of information or the giving of testimony. Forthwith, the court shall cite the respondent to appear and shall hear the matter as expeditiously as possible. If the disobedience or refusal is found to be unlawful, the court shall enter an order requiring compliance. Disobedience of such order shall be punishable as contempt of court in the same manner and by the same procedure as is provided for like conduct committed in the course of judicial proceedings to be enforced by the court.

State Law reference— Punishments for contempt of court, T.C.A. § 16-15-713.

(h)

Approved by majority. No subpoena shall issue under this article unless it is approved by majority vote of the county commission or authorized committee.

(i)

Rule-making authority. The county commission may promulgate rules to further prevent abuse and oppression in discovery.

(j)

Challenge. Any individual who has received a subpoena as described in this article who desires to challenge the subpoena shall apply to the general sessions court in order to stay the issuance of the subpoena.

(Ord. No. O-08-4-104, § 1, 5-27-08)