§ 11015. Attendance of witnesses and production of books before council or committee of council.

388 words·~2 min read·/pa/title-11/chapter-110/11015

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(a)Subpoenas.-- Council may compel the attendance of witnesses and the production of books, papers and other evidence at a meeting of the body or a committee of council. A subpoena signed by the mayor or the chairperson of the committee may be issued in a pending case of inquiry or investigation. The subpoena may be served and executed in this Commonwealth.

(b)Oaths.-- A member of council and the city clerk shall have power to administer oaths to the witnesses.

(c)Refusal.--

(1)If a witness refuses to testify as to a fact within the witness' knowledge, or to produce a book or paper within the witness' possession or under the witness' control required to be used as evidence in the case, the city clerk shall report the facts relating to the refusal to the court of common pleas. The court:

(i)May hear new evidence which may be offered on behalf of or against the witness.

(ii)Shall hear all questions arising from the refusal and new evidence not included in the clerk's report.

(2)If the court determines that the testimony or evidence required by the witness is legal, properly competent and ought to be given or produced by the witness, the court shall order the witness to testify or produce books or papers, or both, as the case may be.

(3)If the witness refuses to testify or to produce the books or papers, the court shall have power to hold the witness for contempt.

(d)Penalties and reimbursement.-- An individual called as a witness and examined under oath shall be liable to indictment, conviction and punishment for perjury as if the witness had been called and examined before a committee of the General Assembly or in a judicial proceeding before a court of record, in accordance with existing laws. An individual outside of the city subpoenaed under this section shall be entitled to:

(1)Be reimbursed for mileage to and from the city at the maximum mileage rate periodically established by the United States Internal Revenue Service.

(2)A per diem allowance as established by council for the individual's time in the city.

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Cross References. Section 11015 is referred to in section 11205 of this title.

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