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Ordinance No. 19770
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Ordinance No. 19770
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6/10/2010 3:46:44 PM
Creation date
1/29/2009 2:38:13 PM
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Council Ordinances
CMO_Document_Number
19770
Document_Title
An ordinance concerning quasi-judicial hearing procedures and land division; amending, renumbering, adding and repealing sections of the Eugene Code, 1971. (See description for listing of all effected code sections.)
Adopted_Date
4/22/1991
Approved Date
4/22/1991
CMO_Effective_Date
5/23/1991
Signer
Jeffrey R. Miller
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siding officer, or other person at the presiding officer's direc- <br />ti on, shall make a statement to those i n attendance that: <br />1. Lists the applicable substantive criteria; <br />2. States that testimony and evidence must be directed <br />toward the specified criteria or to other criteria i n the plan <br />or land use regulation which the person believes to apply to <br />the decision; and <br />3. States that fai 1 ure to raise an issue with sufficient <br />specificity to afford the decision maker and the parties an <br />opportunity to respond to the issue precludes an appeal on <br />that issue to a higher city hearings body or to the Land Use <br />Board of Appeals. <br />~b~ Call for Statements of Conflicts of Interest Ex Porte <br />Contacts and Biases. <br />1. The presiding officer shal 1 cal 1 for statements of <br />ex parte contacts, potential and actual conflicts of interest, <br />and biases. <br />• 2. • Any member of the hearings body who has been subject <br />to s ~ gn ~ f i cant ex parte contacts regarding the matter shat l <br />place on the record the substance of the communication . I f <br />the contact has not impaired the member's impartiality, the <br />member shat 1 so state and may then participate i n the hearing <br />and decision. I f the member believes that his or her i mpar- <br />ti al i ty has been affected by the contacts, the member shall <br />not participate i n the hearing and decision. If the member <br />is uncertain or wishes to avoid the appearance of partiality, <br />he yr she shall seek the body's advice and announce adeci - <br />s i on regarding participation i n the hearing and decision, and <br />give the reasons for the action. <br />3. If the member making the disclosure of ex parte con- <br />tacts decides to participate in the hearing, the presiding <br />of f i cer shat i announce that any person, during their test i - <br />mony, has the right to rebut the substance of the commun i ca- <br />ti on. Communication between city staff and the hearings body <br />shall not be considered an ex parte contact. <br />4. Any member of the hearings body who has a potent i al <br />conflict of interest regarding the matter shall disclose the <br />nature of the potential conflict, on the record. Following <br />disclosure, the member may proceed in the same manner as des- <br />cribed in subparagraph 2 of this subsection. <br />5, Any member of the hearings body who has an interest <br />in the matter as described in subsection 2.393~2~ may not dis- <br />cuss or vote on the matter. Following di scl asure of the rea- <br />son for abstention, the member shall 1 eave the table during <br />hearing, deliberation, discussion, and voting on the matter. <br />fi. Any member considering abstention for reasons other <br />than those described above shall state the reasons far the <br />abstention, seek the advice of the body, and announce a deci- <br />sion and the reasons therefor. <br />1. Any member whose parti ci pati an has been challenged <br />by allegation of bias, prejudgment, personal interest, or par- <br />t~ al ~ ty, may make a statement i n response thereto or i n ex 1 an - <br />at i on th r ~ • p <br />e eof for the record, and state h ~ s or her dec ~ s ~ on <br />Ordinance - 5 <br />
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