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Ind. Code § 36-4-6-21

Investigative powers of legislative body

Applied in 2 court decisions — leading case Lockwood v. McMillan (2017)

Most recently applied in Lockwood v. McMillan (February 2017)

As added by Acts 1980, P.L.212, SEC.3

Sec. 21. (a) The legislative body may investigate:

(1) the departments, officers, and employees of the city;

(2) any charges against a department, officer, or employee of the city; and

(3) the affairs of a person with whom the city has entered or is about to enter into a contract.

(b) When conducting an investigation under this section, the legislative body:

(1) is entitled to access to all records pertaining to the investigation; and

(2) may compel the attendance of witnesses and the production of evidence by subpoena and attachment served and executed in the county in which the city is located.

(c) If a person refuses to testify or produce evidence at an investigation conducted under this section, the legislative body may order its clerk to immediately present to the circuit court, superior court, or probate court of the county a written report of the facts relating to the refusal. The court shall hear all questions relating to the refusal to testify or produce evidence, and shall also hear any new evidence not included in the clerk's report. If the court finds that the testimony or evidence sought should be given or produced, it shall order the person to testify or produce the evidence, or both.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.