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Counsel: assessor already has statutory power to compel pilot records; subpoena language may be unnecessary
Summary
Legislative counsel told a Shelby County pilot ad hoc pre-meeting the assessor's office has statutory subpoena authority to obtain records; the committee recommended relying on that authority while keeping county subpoena language as a backup.
At the Shelby County ad hoc pre-meeting, legislative counsel Marcy Ingram told members that the assessor's statutory subpoena power is likely "faster than what we say in a resolution," and that relying on the assessor could expedite records collection. Counsel cautioned that a resolution without statutory backing would be a request, whereas the assessor operates under state law to compel documents.
Committee members debated whether to keep explicit county-subpoena language in the draft resolution as a fallback. Administrative staff said the committee could request the assessor's office to issue subpoenas under its existing authority and omit the subpoena word from the county resolution if the body prefers a less confrontational tone. "The assessor's office has statutory authority to issue a subpoena and require those agencies to produce documents to them," counsel said during the discussion.
