Ordinance No. 20224 - Laserfiche WebLink

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interest in a matter before the body may participate in discussion of the matter with, or give an official opinion 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 pane contacts they have had about the matter. If the contacts have not impaired the member's impartiality, the member shall so state that fact and participate or abstain in accordance with subsection (3) of this section. (6) Notwithstanding 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 j oins the audience, males full disclosure of the member's status and position when addressing the body and abstains from discussion and from voting on the matter as a member of the body. (7) Disqualification for reasons set forth in subsection (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. ( If all members of the body abstain or are disqualified and consequently cannot reach a decision while so abstaining or disqualified, all members present, after stating their reasons for abstention or disqualification, shall by so doing be requalified and proceed to resolve the issues, unless such participation violates state or federal law 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 the member has reviewed the evidence received. 9.7055 Quasi-Judicial Hearin s- Burden of Proof. The burden of proof is upon the applicant. A decision to resolve the issues presented shall be based upon reliable, probative and substantial evidence in the record. 9.7095 ouasi- Judicial Hearings- Official Notice and Record of Proceedings, (1) Official Notice. (a) The hearings body may take official notice of the following: 1. All facts which are judicially noticeable. 2. All public records of the city. 3. The charter, ordinances, resolutions, rules, regulations, and officially promulgated policies of the city. (b) Matters officially noticed need not be established by evidence and may be considered by the hearings body in the determination of the proposal. ( Record of Proceedings. (a) An adequate record of the hearing shall be prepared in accordance with section 2.007(7) of this code, as applicable. To assist in the preparation of the record, the proceedings may be stenographically or electronically recorded, but the record need not set forth evidence verbatim. Ordinance - 291