Chapter 18.05
HEARING PROCEDURES
Sections:
18.05.020 General conduct of hearings.
18.05.030 Challenge for bias, conflict of interest, disqualification.
18.05.060 Record of proceedings.
18.05.070 Publication of rules.
18.05.010 Scope.
These rules shall govern the conduct of public hearings held in the city of Rogue River, Oregon, relating to annexations, zone changes, conditional use permits, variance permits, appeals, and any other matters coming before the council, planning commission and hearings board for hearings including, but not limited to, appeals under RRMC Titles 16 and 17. [Ord. 90-195-O § 1; Ord. 295 § 1, 1978].
18.05.020 General conduct of hearings.
A. The city council, or planning commission, in conducting a hearing which will result in a determination as to the permissible use of specific property, is acting in a quasi-judicial capacity, and all hearings shall be conducted accordingly. Interested parties are, therefore, entitled to notice of hearings, an opportunity to be heard, to present and rebut evidence to a tribunal which is impartial, to have the proceedings recorded, and to have a decision based on evidence offered supported by findings of fact as part of that record.
B. No person shall be disorderly, abusive or disruptive of the orderly conduct of the hearing.
C. No proponent or opponent shall speak more than once without obtaining permission from the presiding officer at the first available opportunity.
D. No person shall testify without first receiving recognition from the presiding officer and stating his full name and residence address.
E. No person shall present irrelevant, immaterial, or unduly repetitious testimony or evidence; provided, however, that reports and documents prepared by the city of Rogue River personnel shall be deemed relevant, material, and competent, unless objected to by any interested party with good cause and at the first available opportunity.
F. There shall be no audience demonstrations, such as applause, cheering, display of signs, or other conduct disruptive of the hearing. Such conduct may be cause for immediate termination of the hearing by the council, planning commission or hearings board.
G. The presiding officer may approve hearings board members, city council members, planning commission members, or other members of the staff to question or cross-examine any person who testifies. [Ord. 23-418-O § 120; Ord. 90-195-O § 2; Ord. 295 § 2, 1978].
18.05.030 Challenge for bias, conflict of interest, disqualification.
A. Any proponent or opponent of a proposal to be heard may challenge the qualifications of any member of a board participating in such hearing or decision. Such challenge must relate to the board member’s bias, prejudgment, personal interest, or other facts from which the party has concluded that the member will not participate and make a decision in an impartial manner.
1. Such challenge shall be incorporated into the record of the hearing.
B. No member shall participate in discussion of the proposal or appeal or vote on the proposal or appeal when:
1. Any of the following has a direct or substantial financial interest in the proposal:
a. A councilman or member of board or his spouse, brother, sister, child, parent, father-in-law, mother-in-law, any business in which he is then serving or has served within the previous two years, or any business with which he is negotiating for or has an arrangement or understanding concerning prospective partnership or employment;
2. The member owns property within the area entitled to receive notice of the public hearing;
3. The member has a direct personal interest in the proposal; or
4. For any other reason, he has determined that he cannot participate in the hearing and decision in an impartial manner.
C. No other officer or employee of the city who has a financial or any other private interest shall participate in discussion with or give official opinion to a member of the proposal without first declaring for the record the nature and extent of such interest.
D. The general public has a right to have members free from pre-hearing or ex parte contacts on matters heard by them. It is recognized that a countervailing public right is free access to public officials on any matter. Therefore, members shall reveal any significant pre-hearing or ex parte contacts with regard to any matter at the commencement of the public hearing on the matter. If such contacts have impaired his impartiality or his ability to vote on the matter, he shall so state and shall abstain therefrom.
E. Notwithstanding any provision of this or any other rule:
1. An abstaining or disqualified member may be counted for purposes of forming a quorum; and
2. A member may represent himself, a client or any other member of the public at a hearing, provided he:
a. Abstains from the vote on the proposal;
b. Removes himself from the board area and joins in the audience; and
c. Makes full disclosure of his stature and position at the time of addressing the board. [Ord. 23-418-O § 121; Ord. 295 § 3, 1978].
18.05.040 Presiding officer.
A. The chairman shall be the presiding officer at all hearings. In his absence, or with his consent, the board may designate one of its members, or any other officer, employee, or person to act as presiding officer at a hearing. A presiding officer, if not a member, shall have no vote on the question in determination of the matter.
B. The presiding officer shall have authority to:
1. Regulate the course and decorum of the hearing;
2. Dispose of procedural requests or similar matters;
3. Rule on offers of proof and relevancy of evidence and testimony;
4. Impose reasonable limitations on the number of witnesses heard and set reasonable time limits for oral presentations, cross-examination of witnesses and rebuttal testimony; and
5. Take such other action authorized by the board appropriate for conduct commensurate with the nature of the hearing. [Ord. 295 § 3, Rule 4, 1978].
18.05.050 Burden of proof.
A. The burden of proof is upon the proponent. The more drastic the change or the greater the proposal or the greater the impact of the proposal in an area, the greater is the burden upon the proponent.
B. The requested proposal must be supported by proof that:
1. Comprehensive Plan. That the proposal conforms with the comprehensive plan for the area. (Important: the findings must state what uses the comprehensive plan actually projects for the area and how the proposed use conforms with it.)
2. Public Need. That there is a public need to be served by the proposal. (Important: add “because” and then say why.)
3. Public Need II. That there is no land elsewhere available to meet the public need, or if there is land elsewhere already available for this purpose within the city, the public need can nevertheless be best served by subject proposal “because...” (Important: it would not be enough that the applicants happened to own the subject parcel and not the other lands already available.)
In lieu of findings (B)(1), (2), and (3) of this section, strong factual findings of mistake may be sufficient. Mistakes must involve something in the nature of a correction of an error whereby RRMC Title 17 did not express the intent of the council at the time of its adoption and must be supported by evidence.
C. Objections to Jurisdiction. Inquire of the audience whether there are any objections to the jurisdiction of the council to hear the matter and, if such objections are received, conduct such further inquiry as necessary to determine the question. The presiding officer shall terminate the hearing if his inquiry results in substantial evidence that the council lacks jurisdiction or the procedural requirements of RRMC Title 17 were not met. Any matter thus terminated shall, if the defect can be remedied, be rescheduled by the council.
D. Staff Report – Planning Commission Recommendation, Etc. Summarize the nature of the proposal, explain any graphic or pictorial displays which are a part of the record, summarize the staff report, summarize the findings and decision of the planning commission or other appropriate board or agency and provide such other information as may be requested by the council. The presiding officer may request a representative of the planning department or any other city officer or employee to perform this duty.
E. Proponent’s Case. Determine whether the proponent will conduct his case in person or by representative. The applicant-proponent shall first be heard and persons in favor of the proponent’s proposal shall next be heard.
F. Cross Examination of Proponents. Allow opponents, upon recognition by the presiding officer, to submit questions directly to the proponents. Proponents shall by given a reasonable time to respond solely to the questions.
G. Opponent’s Case. Opponents shall be heard in the following order:
1. Neighborhood associations, special organizations formed for the purpose of opposition, or other groups represented by counsel or a spokesman shall be allowed by the presiding officer to first proceed.
2. Persons who received notice of the hearings or who were entitled to receive notice of the hearing are presumed to have an interest in the proposal and shall next be heard.
3. Persons who did not receive notice and who were not entitled to notice shall next be heard.
H. Cross Examination of Opponents. Allow proponents, upon recognition of the presiding officer, to submit questions to opponents who have testified. Opponents shall be given a reasonable time to respond solely to the questions.
I. Public Agencies. Allow representatives of any city, state agency, regional authority, or municipal or quasi-municipal corporation existing pursuant to law to next be heard.
J. Rebuttal Evidence. Allow the proponent to offer rebuttal evidence and testimony.
K. Close of Hearing and Deliberation by Board. The presiding officer shall conclude the hearing and the board shall deliberate the proposal. The board shall either make its decision and state its findings, which may incorporate findings proposed by the proponent, opponents, the staff, or the planning commission, or may continue its deliberations to a subsequent meeting, the time and place of which must then be announced. The subsequent meeting shall be for the purpose of continued deliberation and shall not allow for additional submission of testimony, except upon decision of the board. [Ord. 23-418-O §§ 122 – 124; Ord. 90-195-O §§ 3 – 6; Ord. 295 § 3, Rule 5, 1978].
18.05.060 Record of proceedings.
A. The city recorder, or a designee of the presiding officer, shall be present at each hearing and shall cause the proceedings to be stenographically or electronically recorded. It shall not be necessary to transcribe testimony unless required for judicial review or unless ordered by the board.
B. The presiding officer shall, where practicable, cause to be received all physical and documentary evidence presented, which shall be marked to show the identity of the person offering the same and whether presented on behalf of proponent or opponent. Unless evidence is incapable of being offered and incorporated in the record of the case, it shall be received. All exhibits received into evidence shall be retained by the board until after any applicable appeal period has expired, at which time the exhibits may be released upon written demand to the person identified thereon.
C. Any member of the public shall have access to the record of the proceedings at reasonable times, places and circumstances. Any member of the public shall be entitled to have copies of the record at his own expense. [Ord. 295 § 3, Rule 8, 1978].
18.05.070 Publication of rules.
These rules shall be:
A. Placed on record with the city recorder; and
B. Be available for reference by any person who requests. [Ord. 23-418-O § 125; Ord. 295 § 3, Rule 9, 1978].