Office of the City Clerk - Record #: O2013-3428

• Record #: O2013-3428
• Type: Ordinance
• Status: Failed to Pass
• Intro date: 3/18/2015
• Current Controlling Legislative Body: Committee on Committees, Rules and Ethics
• Final action: 5/20/2015
• Title: Amendment of Municipal Code Section 2-56-040 regarding issuance of subpoenas by Inspector General
• Sponsors: Fioretti, Bob, Munoz, Ricardo, Waguespack, Scott, Pawar, Ameya, Sawyer, Roderick T., Arena, John, Sposato, Nicholas, Colón, Rey, Reilly, Brendan, Cappleman, James, Smith, Michele, Lane, Lona, Dowell, Pat, Foulkes, Toni, Burns, William D., Moore, Joseph, Hairston, Leslie A., Osterman, Harry, O'Shea, Matthew J., Moreno, Proco Joe
• Topic: MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 56 Office of Inspector General
• Related files: R2015-407, F2014-30

Date	Journal Page Number	Action By	Action	Result
5/20/2015		City Council	Failed to Pass	Fail
4/14/2015		Committee on Budget and Government Operations	Held in Committee	Pass
3/18/2015	103780	City Council	Re-Referred
3/17/2015		Committee on Committees, Rules and Ethics	Recommended for Re-Referral	Pass
5/8/2013	53736	City Council	Referred

2-56-040 Subpoena issuance and contents - Objections.

The inspector general shall issue subpoenas only if (a) he is conducting an investigation, audit, program review, or hearing authorized by this chapter; and (b) the investigation, audit, program review, or hearing relates to misconduct, inefficiency, or waste within the programs and operation of the city government by any person described in Section 2-56-050; and (c) the inspector general has a reasonable belief that such misconduct, inefficiency, or waste, has occurred; and (d) the testimony of the witness or the documents or items sought by the subpoena are relevant to the investigation, audit, program review, or hearing. A subpoena shall be served in the same manner as subpoenas issued under the Rules of the Illinois Supreme Court to compel appearance of a deponent, and subject to the same witness and mileage fees fixed by law for such subpoenas.

A subpoena issued under this chapter shall identify the person to whom it is directed and the documents or other items sought thereby, if any, and the date, time and place for the appearance of the witness and production of the documents or other items described in the subpoena. In no event shall the date for examination or production be less than seven days after service of the subpoena.

No later than the time for appearance or production required by the subpoena, the person to whom the subpoena is directed may object to the subpoena, in whole or in part. The objection shall be in writing, delivered to the inspector general, and shall specify the grounds for the objection. For seven days after receipt of a timely objection to a subpoena, the inspector general shall take no action to enforce the subpoena or to initiate prosecution of the person to whom the subpoena is directed. During this seven-day period, the inspector general shall consider the grounds for the objection and may attempt to resolve the objection through negotiation with the person to whom th...