Ordinance No. 19770 - Laserfiche WebLink

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or adjacent property. ~c} The member has a di rect personal interest i n the matter or for any other reason cannot participate i n the hearing and deci - sion impartially. ~3} Because of the importance of preserving public confidence i n decisions made by the hearings body a member of that body may elect to abstain from a , part i cul ar, heari ng when i n fact the member i s not disqualified but simply desires to avoid the mere appearance of partiality. Abstention in such an instance shall be solely a matter of the member's own judgment. A member who feels that abstention may be necessary or desirable under th i s sect i an shal 1 seek the advice of the body and then state the member' s decision and the reasons therefor. ~4} No other officer or employee of the city who has a financial or ather private interest i n a matter before the body may participate i n d~ scuss~ on of the matter w~ th, or g~ ve an official api ni on on the matter to, the body without first declaring for the record the nature and extent of that interest. ~5} At the commencement of the hearing on a matter, members of the hearings body shall reveal all ex parts contacts they have had about the matter in the manner provided in section 2.396~b}. If the contacts have not impaired the member's impartiality, the member shall so state that fact and participate or abstain i n accordance with subsection ~3 } of this section . ~ fi } Notw~ thstand i ng any other rule, an abstaining or disqualified member shall constitute part of a quorum and may represent the member's interest at a hearing, provided the member joins the audience, makes full disclosure of the member's status and position when addressing the body and abstains fram discussion and from voting on the matter as a member of the body . ~1} Di squal i f i cati an for ,reasons set forth i n subsecti an ~2} of this section may be ordered by a majority of the members of the hearings body present at the hearing. The member who is the subject of the motion for disqualification may not vote on the motion. ~8} If all members of the body abstain or are disqualified and con- sequently cannot reach a deci s i on wh i 1 e so abstaining or disqualified, al 1 members present, after stating their reasons for abstention or disqua1ifica- t~ on, shat 1 by so dog ng be requal i fed and proceed to resolve the issues, un- 1ess such participation violates state or federal 1 aw or the city charter. ~9} A member absent during the presentation of any evidence in a hearing may not participate in the deliberations or final decision regarding the matter of the hearing unless he ar she has reviewed the evidence received . 2.395 uasi -Judicial Heari n s -Burden of Proof. The burden of proof i s upon the proponent, applicant, or moving party. A deci s i on to re- sol ve the ~ ssues presented shal 1 be based upon reliable, probative, and sub- stanti al evidence i n the whole record. 2.395 uasi -Judi ci a1 Heari n s -Order of Procedure. The Ares i di n of f i - . 9 cer ~ n the conduct of the heari ng shall ~a} Commence the Hearin . Announce the nature and pur ose of the he p are ng and summary ze the rut es for ~ is conduct. The pre- Ordinance - 4