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HomeMy WebLinkAboutR-20-35 Re-Establishing Quasi-Judicial Procedures ESOLUTION NO. R-20-35 A RESOLUTION OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, REPEALING RESOLUTION NO. R-99-12, AND REESTABLISHING PROCEDURES FOR QUASI-JUDICIAL HEARINGS; DETERMINING APPLICABILITY; PROVIDING FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, the City Council of the City of Sebastian, Florida, recognizes that certain decisions of the City Council and/or City Boards are quasi-judicial in nature and, in such matters, it may be a fundamental requirement that parties and interested persons in relation to such quasi- judicial proceedings be given an opportunity to be heard in an equitable and efficient manner and otherwise be afforded procedural due process; and WHEREAS, the City Council has determined it necessary to revise more exacting provisions in relation to quasi judicial proceedings and repeal written quasi-judicial procedures in Resolution No 99-12 ensuring that participants in a quasi-judicial proceeding, and the public, are provided with reasonable opportunities to be heard in a public hearing forum that is predictable, consistent and provides due process to all participants; and WHEREAS, it is the intent of the City Council to mpeal the quasi-judicial procedures as adopted and established by Resolution No 99-12, and that they comply with Florida Statutes Section 286.01 15 authorizing a local government to adopt quasi-judicial procedures by ordinance or resolution thereby removing the presumption of prejudice from ex-parte communications with local public officials during the conduct of quasi-judicial hearings conducted in compliance with the procedures as adopted by City Council; and WHEREAS, these quasi-judicial procedures as set forth herein, are designed to provide notice and guidance to all participants and the public who appear before the City Council or other City Board, as such board may be established by the. City Charter and/or the City of Sebastian Code of Ordinances, that the conduct of meetings wherein quasi-judicial decisions are required shall be governed by the quasi-judicial proceedings set forth herein. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SEBASTIAN, as follows: SECTION 1. CONDUCT OF HEARINGS. The City Council of the City of Sebastian recognizes the need to observe fundamental due process in the determination of all quasi-judicial matters. In furtherance of this obligation, the following Quasi -Judicial Procedures are to be adhered to in the conduct of such hearings: A. Swearing of witnesses. Any person presenting factual information to the City Council or Board during the hearing shall be sworn. The administration of the oath or affirmation shall be done by the Clerk of the City Council on the record at the time the person comes to the podium or as a group before the hearing commences. If the Clerk is not available, the City Attorney can administer the oath. Citizens wishing to merely express an opinion in favor or opposition to the matter at hand, and agents of the applicant (such as an attorney) merely advocating the applicant's position, need not be swom B. Admissibility of Evidence. The City Attorney, upon an objection raised or upon his own accord, shall determine if any evidence sought to be presented is inadmissible. This determination may be over-roled by a majority of the City Council or the Board upon a motion by any member thereof. Otherwise, the Mayor or Chair shall for the record receive any evidence presented and the same shall be maintained in the custody of the City Clerk. C. Time Limitations. The traditional practices of the Mayor or Chair in presiding over the smooth conduct of the hearing, encouraging precise and relevant presentations, shall provide guidance as to limitations on the length of presentations and the redundancy of witnesses. However, as appropriate, the City Council or Board, by majority vote, may set limits on the length of presentations and the number of witnesses on a case -by -case basis. D. Comoetent Substantial Evidence. In deciding whether the application does or does not meet the standards, the City Council or Board must base its decision on what is known as "competent substantial evidence." Substantial evidence is such evidence that a fact at issue can reasonably be inferred from. Comoetent evidence means legally sufficient evidence. Competent substantial evidence should be based in fact, be reliable and tend to Drove anoint such that a reasonable mind would accent it as sufficient to sunport the conclusion reached. Competent substantial evidence should not be speculative, hvoothetical or conjecture. Instead, it must be relevant, material and within the.. purview of knowledge of the witness offering the evidence. E. The Armlicability of the Law. Quasi-judicial proceedings involve the application of established standards, policy or laws to individual facts set forth in an application. For this reason, when deciding a quasi-judicial matter, the City Council or Board is restrained to consider and apply the criteria set forth in the applicable Code section at issue. For example, if the City Council or Board are considering a variance, it is limited to applying the competent substantial evidence to the factors outlined in section 54-1-2.5 (c) (2) of the Code or as amended. F. Due Process. A party to a Quasi -Judicial Hearing should be provided procedural due process, which consists of providing reasonable notice of the hearing; an opportunity to be heard at the hearing; present evidence at the hearing; and an opportunity to cross-examine witnesses. G. Ex -Pane Communication. At the time the Mayor or Chair opens the hearing, members of the City Council or Board shall disclose ex-parte communications in accordance with law. An er parte communication is any communication, oral or written, between members serving on the City Council or Board and the public, other than those made on the record at the public hearing. H. Order of Presentation. After the Presiding Officer opens the hearing, the matter shall proceed in the following order: 1. Mayor or Chair opens the Quasi -Judicial Hearing; 2. The City Attorney reads the Resolution Title; 3. The City Councilor Board Members disclose ex-parte communication; 4. The City Clerk swears in all who intend to provide testimony. If unavailable, the City Attorney will administer the oath; 5. The applicant or his agent shall make a presentation in favor of the request; 6. The staff shall present its findings and analysis; 7. The City Councilor Board shall ask questions of the applicant and staff as it sees fit; 8. The Mayor or Chair shall open the Boor to anyone in favor of the request who wishes to speak or ask questions; 9. The Mayor or Chair shall open the floor to anyone opposed to the request who wishes to speak or ask questions; 10. The applicant is provided an opportunity to respond to any of the issues raised by staff or the public; 11. Staff is provided an opportunity to summarize its position; 12. The City Council or Board deliberates the request, asking such questions as it sees fit; and 13. The Mayor or Chair calls for a motion; and 14. The City Council or Board takes action. SECTION 2. REPEAL. This Resolution repeals Resolution R-99-12 in its entirety. SECTION 3. APPLICATION. Due to the evolving nature of this area of the law, these procedures shall be utilized in the conduct of hearings on matters that are determined to be quasi- judicial under the laws of the State of Florida. SECTION 4. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. SECTION 5. SEVERABILITY. The provisions of this Resolution are intended to be severable. If any provision of this Resolution is determined to be void or is declared illegal, invalid, or unconstitutional by a Court of competent jurisdiction, the remainder of this Resolution shall remain in full force and effect. SECTION 6. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 7. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilmember 14111 The motion was seconded by Councilmember McPartlan and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice -mayor Jim Hill aye Councilmember Fred Jones aye Councilmember Christopher Nunn aye Councilmember Bob McPartlan aye The Mayor there upon declared this Resolution duly passed and adopted this 9' day of December, 2020. ATTEST: ANE11B WILLIAMS, MMC, 99 City Clerk Approved as to form and legality for reliance by the City of Sebastiiann only: / MANiQY ANOI`Y3R., City Attorney // CITY OF SEBASTIAN, FLORIDA By: C t ED DOD , Mayor