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20250121Jan21_certs
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20250121Jan21_certs
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1/23/2025 12:34:18 AM
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1/23/2025 12:34:09 AM
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City Council
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1/21/2025
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<br /> <br />information which may further the investigation and to request production of any records or documents for inspection and copying in the possession of any person which may further the investigation. Such persons shall be interviewed under oath. <br />The Director or designated subordinates shall have the authority to collect, inspect, and copy records under this ordinance. <br />(5) In accordance with 42 U.S.C. §3611, if during an investigation any person refuses to comply with a request by the Director or Office staff to produce data, information, documents, or other tangible evidence or refuses to appear as a witness for the <br />gathering of evidence necessary to determine whether a violation of this ordinance has occurred, the Director, after a good faith effort to obtain such evidence or attendance of witnesses, may petition a court of appropriate jurisdiction for a subpoena against any such person refusing to produce such evidence or refusing to appear as a witness, and such court may, upon good cause shown, cause the subpoena <br />to be issued. <br />(A) Said subpoenas and requests for information may be ordered to the same extent and subject to the same limitations as would apply if the subpoenas or requests for information were ordered or served as part of a civil action in the Commonwealth of Virginia. <br />(B) For purposes of this section, “person” includes any individual, partnership, <br />corporation, association, legal representative, mutual company, joint stock company, trust, unincorporated organization, employee, employer, employment agency, labor organization, joint labor-management committee, or an agent thereof. <br />(C) Neither the complainant nor the respondent shall have the right to demand <br />that a subpoena be issued. <br />(D) Any witness subpoena issued under this section shall include a statement that any statements made will be under oath and that the respondent or other witness is entitled to be represented by an attorney. <br />(E) Any person failing to comply with a subpoena issued under this section shall <br />be subject to punishment for contempt by the court issuing the subpoena. Any person so subpoenaed may petition the Charlottesville Circuit Court to quash the subpoena. <br />(F) In case of refusal or neglect to obey a subpoena, the Director may petition <br />for its enforcement in the Circuit Court of the City of Charlottesville. The Circuit Court of the City of Charlottesville will be requested to give these cases priority on the court docket. <br />(6) At the end of each investigation under this section, the Investigator shall prepare a <br />final investigative report containing: <br />(A) the names and dates of contacts with witnesses; <br />(B) a summary and the dates of correspondence and other contacts with the aggrieved person and the respondent; <br />(C) a summary description of other pertinent records; <br />(D) a summary of witness statements; and <br />(E) answers to questions submitted during the course of the investigation, where applicable.
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