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2003-043 Ordinance
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2003-043 Ordinance
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1/10/2014 3:23:32 PM
Creation date
12/26/2013 8:39:36 AM
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North Olmsted Legislation
Legislation Number
2003-043
Legislation Date
6/3/2003
Year
2003
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, a <br />whose participation in the proceeding shall be limited to the protection of the <br />rights of the witness, and who may not examine or cross-examine witnesses. <br />(e) Any administrative officer of the City who is subpoenaed to testify, andlor <br />produce documents, at a formal hearing as set forth herein, shall, in addition to <br />the rights set forth in paragraph (d) above to retain private counsel to protect his <br />or her personal rights, may, prior to such hearing, seek a legal opinion from the <br />Director of Law regarding attorney-client privilege, work product privilege, <br />executive privilege, or any other applicable governmental privilege that he or she <br />may assert, as a City administrative officer, at such hearing as a basis for not <br />testifying upon certain matters or not producing certain documents. Prior to the <br />hearing, the Director of Law shall, if so requested, issue a legal opinion in the <br />matter that shall be binding upon the City Council in the conduct of its formal <br />hearing and that shall be adhered to by the administrative officer in testifying <br />and/or producing documents at such hearing. <br />(efi The conduct and administration of formal Council hearings, to the extent not <br />set forth herein, shall be governed by Rule of Council. <br />"121.06 CONTEMPT OF COUNCIL. <br />Any person who refuses to obey a Council order made or subpoena issued <br />pursuant to Section 121.05 of this Chapter, unless excused from compliance as set <br />forth in Section 121.05(e), shall be guilty of Contempt of Council, a fourth degree <br />misdemeanor. In arry prosecution brought pursuant to this section, it shall be a <br />defense that the testimony ta be compelled ar books, papers, or other evidence to <br />be produced are protected from release or disclosure by common law privilege, <br />or any federal, state or local law. <br />SECTION 2: That the operation of any Ordinance, or part of any Ordinance in conflict <br />or inconsistent with any provision of this Ordinance is, to the extent of any such conflict or <br />inconsistency, repealed. <br />SECTION 3: That this <br />---------------? -----__---? --- ---- r----- •------ --- ---- r----- --------? .,?-_-? ..._? ..------> ----- -„• ,._-_ <br />, aftd f6Mff pr-eyided i4 feeeives the affifmeAive vote ef two, <br />thiFds ef all foember-s ef eetineil, <br />. legisdation shall take effect and be in force , from and <br />after the eardiest period allowed by law <br />
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