BILL ANALYSIS Ó
AB 783
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Date of Hearing: May 13, 2015
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Brian Maienschein, Chair
AB 783
(Daly) - As Amended March 26, 2015
SUBJECT: Cities: legislative bodies: subpoena power.
SUMMARY: Allows a city attorney to attest a subpoena that has
been signed by a mayor.
EXISTING LAW authorizes the legislative body of a city to issue
subpoenas requiring the attendance of witnesses or production of
books or other documents for evidence or testimony in any action
or proceeding pending before the legislative body. These
subpoenas must be signed by the mayor and attested by the city
clerk.
FISCAL EFFECT: None
COMMENTS:
1)Bill Summary. This bill allows a city attorney to attest a
subpoena that has been signed by a mayor. Current law allows
only city clerks to perform this function. This bill is
sponsored by the author.
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2)Author's Statement. According to the author, "A city's
legislative body has the power to issue subpoenas requiring
attendance of a witness or production of documents in pending
proceedings. Thus for cities, issuing subpoenas is an
important power that can be an effective method for obtaining
information from a reluctant witness or an uncooperative city
vendor.
"Under current law, subpoenas signed by the mayor must be
attested by the city clerk,
and if the person refuses to obey, only the mayor can report
the fact to a superior court judge. However, if a city clerk
resigns or is indisposed, this important power may be rendered
impotent. Given that the appointment of a new city clerk may
require many months, the enforcement of this crucial power
would be ineffective."
3)Background. Current law, enacted in 1949, allows cities to
issue subpoenas requiring witness attendance or the production
of specified documents for evidence or testimony in any action
or proceeding pending before them. Subpoenas must be signed
by the mayor and attested by the city clerk, and may be served
in the same manner as they are served in civil actions.
The author asserts that an alternative should be available in
the event that a city clerk is unable to attest a city's
subpoena. This bill additionally allows a city attorney to
attest a subpoena that has been signed by a mayor.
AB 783
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4)Attesting. An attestation is a declaration by a witness that
an instrument has been executed in his or her presence
according to the formalities required by law. An attestation
clause is frequently found in legal documents that must be
witnessed if they are to be valid, for example, a will or a
deed. It states that the instrument has been completed in the
manner required by law in the presence of the witness who
places his or her signature in the designated space.
5)Arguments in Support. None on file.
6)Arguments in Opposition. None on file.
REGISTERED SUPPORT / OPPOSITION:
Support
None on file
Opposition
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None on file
Analysis Prepared by:Angela Mapp / L. GOV. / (916) 319-3958