Ordinance - 1982 - 80 - Procedures For The Conduct Of Public Hearings - 08/31/1982ORDINANCE NO. gQ
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY, IDAHO, PROVIDING
PROCEDURES FOR THE CONDUCT OF PUBLIC HEARINGS; ESTABLISHING
REQUIREMENTS FOR WRITTEN TESTIMONY; ESTABLISHING REQUIREMENTS
FOR ORAL TESTIMONY; ESTABLISHING STANDARDS OF CONDUCT FOR
PARTICIPANTS IN THE PUBLIC HEARING PROCEDURE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the orderly conduct of hearings is necessary
and desirable to protect the interests of parties involved
in public hearings conducted by the City of Eagle; and
WHEREAS, section 67-6534, Idaho Code, requires municipalities
to adopt procedures for the conduct of public hearings.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF EAGLE, IDAHO:
SECTION 1. CONDUCT OF PUBLIC HEARINGS. All public hearings
conducted pursuant to Chapter 65, Title 67 of the Idaho Code
shall comply with the standards set forth in this ordinance.
SECTION 2. NOTICE REQUIRED. Prior to the conduct of
a public hearing as specified herein, proper notice of said
public hearing shall be given as required by Chapter 65, Title
67, Idaho Code.
SECTION 3. RECORDS MAINTAINED. The respective clerks
of the city council and planning and zoning commission holding
public hearings pursuant to Chapter 65, Title 67, Idaho Code,
shall maintain records of the proceedings in the following
manner:
(a) Transcribable vertabim recordings of the proceedings
shall be maintained for six (6) months from the
date of the hearing.
(b) Originals of written exhibits to the hearing record
and copies of applications shall be maintained for
three (3) years from the date of the hearing.
(c) Minutes which catalog the occurrences of the public
hearing shall be maintained as required by pertinent
sections of the Idaho Code.
SECTION 4. ORDER OF PUBLIC HEARING CONDUCT. Public
hearings shall follow the order of events set forth below.
(a) Explanation of subject of the hearing;
(b) Presentation by applicant;
(c) Testimony from audience in favor of and/or against
proposal;
(d) Questioning of involved parties by participants
of the hearing;
(e) Closure of oral testimony from applicant and audience;
(f) Discussion of hearing subject among city council
or commission members. Questions may also be directed
to city staff during this period.
(g) Conclusion of hearing process.
SECTION 5. TIME LIMITATIONS ON ORAL TESTIMONY. The
presiding officer may limit the time allotted to presentation
of oral testimony at a public hearing. Any such allocation
of time shall provide for a reasonable opportunity for proponents
and opponents of an issue to be heard.
SECTION 6. STANDARDS FOR ORAL TESTIMONY.
(a) Oral testimony made at a public hearing shall comply
with the following standards:
(1) Testimony should directly address the subject
at hand.
(2) Testimony should not be repetitious with other
entries into the record.
(3) Testimony should not be personally malicious.
(4) Testimony shall comply with any time restrictions
established by the presiding officer.
(b) If oral testimony fails to comply with the aforementioned
standards the presiding officer may declare such
testimony to be out of order and require it to cease.
SECTION 7: STANDARDS FOR WRITTEN TESTIMONY.
(a) Written testimony submitted for inclusion in the record
of any public hearing shall comply with the following
standards:
(1) Written testimony must be submitted to the clerk
before 5:00 p.m. on the day which the public
hearing is scheduled.
(2) Written testimony shall include the signature
and address of the submittor.
(3) Written testimony should address the issue at
hand.
(4) Written testimony should not be personally malicious.
(5) The presiding officer shall require an oral reading
of such written testimony.
(b) If written testimony fails to comply with the afore-
mentioned standards, the presiding officer may declare
such testimony inadmissible.
SECTION 8. COPIES OF OFFICIAL RECORD --AVAILABILITY. Copies
of material submitted for includion in the official record of
a public hearing shall be available to interested parties upon
payment of the usual charges for research and copying made by
the City of Eagle.
SECTION 9. RULINGS BY PRESIDING OFFICER. All rulings
shall be decided by the presiding officer of any board conducting
a public hearing with right of appeal to the council by any
member present. Roberts Rules of Order shall govern the conduct
of all public hearings in which—the Rules are applicable, and
in which they are not inconsistent with the by-laws, special
rules of order of the city council or of any board or commission
or the laws of the state of Idaho.
SECTION 10. EFFECTIVE DATE. This ordinance shall become
effective upon its passage, approval and publication in the
manner provided by law.
PASSED b the City Council and APPROVED by the Mayor this
Q/ ani day of ,i,„_44(---) , 1982.
ATTEST..
f-u•y 'en.►
City Cler
o a
Y DECK
yor
SUMMARY OF ORDINANCE NO. 80
OF THE CITY OF EAGLE, IDAHO
Ordinance No. 80 of the City of Eagle,
Idaho, establishes procedures for the
conduct of public meetings by the city
council, boards and commissioners as
required by section 67-6534, Idaho
Code. The ordinance provides that all
public hearings shall be conducted as
set out in the ordinance, provides for
public notice of any required public
hearing, provides for the maintenance
of all records of the proceedings of any
Public hearing, provides for the order
of business at public hearings, allows
time limitations to be placed on oral
testimony at public hearings, sets
forth- standards for admission of both
oral and written testimony at public
hearings, provides for the availability
of the hearing record by interested
Parties, allows ruling by the presiding
officer of the public hearing and pro-
vides that the ordinance is to be effec-
tive upon passage, approval and publi-
cation according to law.
The full text of this ordinance is
available at the City Clerk's Office,
Eagle City Hall, Eagle, Idaho.
Pub. Sept. 11, 1982 4224
STATE OF IDAHO)
COUNTY OF ADA )
ss.
Susan K. Mayer , being duly sworn,
deposes and says: That she is the Principal Clerk
of The Idaho Statesman, a daily newspaper printed
and published at Boise, Ada County, State of Idaho,
and having a general circulation therein and which
said newspaper has been continuously and uninter-
ruptedly published in said County during a period
of twelve consecutive months prior to the first
publication of the notice, a copy of which is
attached hereto; that said notice was published
in the regular edition of The Idaho Statesman
for one insertion, in the issue of
September 11
19 82
OA,/ , Principal Clerk
Subscribed and sworn to before me this 13th
day of
September 19 82
Notary Public for Idaho, esidi 5/at Boise, Idaho