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HomeMy WebLinkAboutOrdinance No. 20286 ORDINANCE NO. 20286 AN ORDINANCE CONCERNING QUASI-JUDICIAL PROCEDURES; REPEALING SECTIONS 2.39{), 2.391~ 2.392~ 2.393~ 2.394, 2.395~ 2.396, 2.397, 2.398, 2.39% AND 2.400 OF THE EUGENE CODE, 1971; AMENDING SECTIONS 2.1066~ 9.7065, AND %7075~ OF THAT CODE; ADDING SECTIONS 9.7070~ %7072, AND 9.7090 TO THAT CODE; AND PROVIDING AN EFFECTIVE DATE. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. Sections 2.390.~ 2.391, _.>92,9 ~' 2.393, 2.394, 2.395, 2.396, 2.397, 2.398, 2.399, and 2.400 of the Eugene Code, 1971, are repealed. Section 2. Subsection (4)(b) of Section 2.1066 of the Eugene Code, 1971, is amended to provide: 2.1066 Condominium Conversion - Permit Process. (4) Appeal of permit decision. (b) Within 45 days of the notice of appeal, the hearings oflqcer shall conduct a public evidentiary hearing on the permit approval or disapproval action of the city manager. The hearing notice and procedures shall conform with the requirements for quasi-judicial hearings provided in sections 9.7065 to 9.7095 of this code. At least 20 days prior to the hearing, the city shall mail notice thereof to the applicant, appellm'at, persons who requested notice of the city manager's decision, and to persons entitled to notice from the city under subsection (3) of this section. Section 3. Sections 9.7065 and 9.7075 of the Eugene Code, 1971, are amended, and new Sections 9.7070, 9.7072, and 9.7090 are added thereto, to provide: 9.7065 Qnas~-Judicial Hear~ngs- Procedures. (1) The quasi-judicial procedures set forth in EC 9.7065 through 9.7095 supercede any rules of procedures (Roberts Rule of Order), resolution, bylaw, ordinance, or section of this code or conflicting rules or procedures. Where these procedures conflict with requirements of state lave, state law shall prevail. Ordinance- 1 (2) No member of the hearings body may discuss or vote on a matter when: (a) Any' of the fbllowing has a direct or substantial pecuniary interest in the matter: the member or the member's spouse, brotlher, sisteL child, parenL fhtherdndaw, or mother-in-law; may organization or business in which the member is then serving as an officer or director or employee or has so served within the previous 2 years; or any business with which the member is negotiating for or has an arrangement or understanding concerning a prospective partnership, employment or other business affiliation. (b) The rriember ov~ns all or a portion of the proper~ that is the subject of the matter befbre the hearings body or owns abutting or adjacent property. (c) The mernber has a direct personal interest in the matter or for any other reason cannot participate in the hearing and decision impartially. (3) Because of the importance of preserving public confidence in decisions made by the hearings body, a member of that body may elect to abstain from a particular hearing when the member is not disqualified tinder subsection (2) of this section, but desires to avoid the appearance of partiality. Abstention in such an instance shall be solely a matter of the member's owTl judgment. A member who fkels that abstention may be necessary or desirable under this section shall 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 other private 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} Any proponent or opponent of, or person interested in~ a matter to be heard~ and any member of the hearings body may challenge the qualification of any other member of that body to participate in the hearing and decision regarding the matter. The challenge shall state by affidavit the facts relied 'upon by the challenger as the basis fbr the challenge. (a) Except for good cause shown, the challenge shall be delivered by personal service to the planning director and the person whose qualification is challenged, not less than 48 hours preceding the time set for the hearing. (b) The challenge shall be made a part of the record of the hearing. ~}uasi-Jadieial Hearings-Presiding Officer. (1) The presiding officer shall: (a) Regulate the course and decorum of'the hearing. (b) Dispose of procedural requests or similar matters. (c) Impose reasonable limitations on the number of wknesses to be heard and set reasonable time limits for oral presentation, questioning of witnesses, and rebuttal testimony. (d) Take other action authorized by the body for conduct appropriate for the Ordinance - 2 %7072 9.7075 (2) hearing. Any ruling by the presiding officer may be put to a vote by the body upon a motion duly made, seconded and discussed. The decision on the motion shall be final for the purpose of the proceeding. Quasi-Judicial Hearings-Conduet. (1) No person may be disorderly, abusive, or disruptive of the conduct of the hearing. (2) No person may present evidence, argument or comment Mthout first being recognized by the presiding officer. (3) All witnesses shall identify themselves and their place of residence. (4) Any employee, agent, or officer of the city shall disclose his or her relationship to the city when commencing to testify. (5) Formal rules of evidence as used in courts of law shall not apply. Audience demonstrations such as applause, cheering, display' of signs, and other conduct disruptive of the hearing shall not be permitte& Any such conduct may be cause for immediate suspension of the hearing. Quasi*Judicial Hearings ~ Order of Procedure. (I) The presiding officer in the conduct of the hearing shall: (a) Commence the hearing by announcing the nature and purpose of the hearing and summarizing the rules for its conduct. (b) Call for statements of conflicts of interest, ex parte contacts~ and biases, abstentions under EC 9.7065(3), or challenges to impartiality submitted pursuant to EC 9.7065(5). 1. Any member of the hearings body who has been subject to significant ex parte contacts regarding the matter shall place on the record the substance of the cornmunication. If the contact has not impaired the member's impartiality, the member shall so state and may then participate in the hearing and decision~ If the member believes that his or her impartiality has been affected by the contacts, the member shall not participate in the hearing and decision. If the member is uncertain or wishes to avoid the appearance of partiality, he or she shall seek the body's advice and announce a decision regarding participation in the hearing and decision, and give the reasons for the action. If the member making the disclosure of ex parte contacts decides to participate in the hearing, the presiding officer shall announce that any person, during his or her testimony, has the right to rebut the substance of the communication. Communication between city staff and the heatings body shall not be considered an ex parte contact. Any member of the hearings body who has a potential conflict of interest in the matter shall disclose the nature of the potential Ordinance ~ 3 (4) (5) conflict, on the record. Following disclosure, the member may proceed in the same manner as described in subparagraph 1. of this subsection. 3. Any member of the hearings body who has an actual conflict of interest in the matter shall disclose the nat~xe of the actual conflict, on the record. Following disclosure of the reason for abstention, the member shall leave the table during hearing, deliberation, discussion, and voting on the matter. Any member considering abstention ~>r reasons other than those described above shall state the reasons for the abstention, seek the advice of the body, and announce a decision and the reasons therefor. (c) Receive staff notes and reports of site views~ (d) Call for testimony in the following order: 1. The proponent/applicant or its representative. 2. Neutral parties. 3. Opponents. 4. City staff presentation and recommendations. 5. Proponent/applicant rebuttal. (e) Announce whether: The record is closed; 2.The record will be held open; or The he~ing will be continued. Coordination of Testimony. To the degree necessary for an orderly process within available time, the presiding officer may consolidate subn:fiss~ons by participants or establish reasonable time limits for presentation of msfimony. One or more spokespersons for any group may be designated by the presiding officer. Questioning of W~tnesses. The questioning of witnesses is a ma~er solely wkhin the discretion of the hearings body acting through the presiding officer. The presiding officer, as he or she deems k necessary or desirable, may pe~it the questioning of witnesses by members of the hearings body, staff and. other interested persons at the conclusion of the witness's presentation. No questionir~g of witnesses shall be permitted after the proponent/applicant rebuttal, except the questioning of the proponent/applicant as to matters contained in rebuttal testimony. Notwithstanding any other rule, an abstaining or disqualified member shall constitute p~ of a quorun~ and may represent the member's interest at a heafing~ provided the member joins the audience, makes full disclosure of the member% status and position when addressing the body and abstains from discussion and from voting on the matter as a member of the body. D~squal~fication for reasons set forth ~n EC 9.7065(2) may be ordered by a majority of the members of the heatings body present at the hearing. The member who is the subject of the motion for disqualification may not vote on Ordinance - 4 the motion. (6) 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. (7) 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. 9.709~ ~irJudicial Hearin_gs~Amendment and Suspension of Rules. Any rule of procedure not required by federal or state law or the city charter may be amended or suspended at any hearing by majority vote of those members of the hearings body present and voting. Section 4. The City Recorder, at the request of, or with the concurrence of the City Attorney, is authorized to administratively correct any reference errors contained herein or in other provisions of the Eugene Code, 1971, to the provisions added, amended or repealed herein. Section 5. Notwithstanding the effective date of ordinances as provided in the Eugene Charter of 2002, this Ordinance shall become effective 30 days from the date of its passage by the City Council and approval by the Mayor, or upon the date of its acI*mowledgment as provided by ORS I97.625, whichever is later. Passed by the City Council this l0th day of March, 2003 Deputy City Recorder Approved by the Mayor this lff~ day of March, 2003 j/ Ordinance- 5 03/18/95 FRI 99:08 FAX 1 ~41 686 654~ HARRANG LONG ~002 = CITY OF EUGENE CITY ATTORNEy. ciViL DEpART~NT To: Kate Fieland, Deputy C~ Recorder Date: ,abject. ScrlYener Error COrrect, on to Ordinance 20286 - EC 9.7070 April 18~ 2003 10~2003. 20286: Ln Subsection (1) 9.7070, relettersubpamgraph (~ to(d) error correction to ENJ:jw G LONG GARY RUDNIC~ CITY ATTO~EY8 Emily N. [Jerom~ ©