HomeMy WebLinkAboutO-24-09 Quasi-Judicial Meeting ProceduresAN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, PROVIDING FOR THE CODIFICATION OF
MEETING PROCEDURES AS ESTABLISHED IN RESOLUTION R-20-
35; PROVIDING FOR REPEAL OF ALL OTHER ORDINANCES,
RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR SCRIVENERS ERRORS AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Indian River County, Florida, believes it
to be in the best interest of the citizens of Sebastian to provide clear direction to provide for conduct of
City citizen advisory board meetings; and
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 previously 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 and 20-35, 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, 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.
WHEREAS, the City Council has previously resolved to adopt and amend procedures for the
meetings of its Council as well as other City citizen advisory boards; and
WHEREAS, the City Council fords that it is in the best interest of the citizenry to codify these
matters so as to provide its citizens open and public notice of these matters by providing for codification
thereof into the City's Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEBASTIAN, INDIAN RIVER COUNTY, AS FOLLOWS:
SECTION 1. CODIFICATION OF MATTERS IN R-20-35. The Code of Ordinances, City
of Sebastian, Florida is hereby amended as follows:
Chapter 2 — ADMINISTRATION
Article VI — Boards, Commissions, Committees, Division 1 — Generally
Section 2.174 — Quasi -Judicial Hearing Procedures.
(a) 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:
(1) Swearing of witnesses. Any person presenting factual information to the City Council or
Board during the hearing shall be swom, unless otherwise allowed by law such an attorney.
This may be done by execution of a Speaker Oath Card. All testimony shall be under a sworn
oath to tell the truth. The oath shall be contained on a speaker's card or other form as
designated by the City Clerk. All persons wishing to speak on a quasi-judicial matter shall
submit a speaker's card at or before the time of presenting testimony to the clerk on duty.
During quasi-judicial hearings, public input via electronic or other commercial media
technology shall not be permitted.
(2) 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 -ruled 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.
(3) 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.
(4) Competent 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. Competent evidence means legally sufficient evidence.
Competent substantial evidence should be based in fact, be reliable and tend to prove a point
such that a reasonable mind would accept it as sufficient to support the conclusion reached.
Competent substantial evidence should not be speculative, hypothetical or conjecture.
Instead, it must be relevant, material and within the purview of knowledge of the witness
offering the evidence.
(5) The Applicability 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 is 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.
(6) 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.
2
(7) Ex-Parte 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 ex 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.
(8) 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 Council or Board Members disclose ex-parte communication, conflicts or
site visits:
4. The City Clerk swears in all who intend to provide testimony or accepts speaker oath
cards. If unavailable, the City Attorney will administer the oath;
5. The applicant or his agent shall make a presentation in favor of the request —
maximum time 30 minutes.
6. The Staff shall present its findings and analysis of request — maximum time 30
minutes;
7. The City Council or Board shall ask questions of the Applicant and Staff as it sees fit;
8. The Mayor or Chair shall open the floor to anyone in favor of the request who wishes
to speak or ask questions - maximum time 5 minutes Der person:
9. The Mayor or Chair shall open the floor to anyone opposed to the request who wishes
to speak or ask questions- maximum time 5 minutes Der Derson:
10. The Applicant is provided an opportunity to respond to any of the issues
raised by Staff or the public - maximum time 10 minutes:
11. Staff is provided an opportunity to summarize its position - maximum time 10
minutes,
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. INCLUSION INTO THE CODE OF ORDINANCES. It is the intent of the
City Council of the City of Sebastian that the provisions of this Ordinance shall become and be made a
part of the City of Sebastian's Code of Ordinances, and that the Sections of the Ordinance may be
renumbered or re -lettered and that the word Ordinance may be changed to section, article, regulation, or
other such appropriate word or phrase in order to accomplish such intentions.
SECTION 3. CONFLICT. All Ordinances, Resolutions or parts of any Resolutions or
Ordinances in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. The provisions of this Ordinance are intended to be servable.
If any provision of this Ordinance is determined to be void or is declared illegal, invalid, or
unconstitutional by a Court of competent jurisdiction, the remainder of the Ordinance shall remain in full
force and effect.
SECTION 5. SCRIVENER'S ERRORS. Sections of this Ordinance 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 6. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption.
The foregoing Ordinance was passed for adoption by Council Member Dodd , was
seconded by Council Member Nunn , and upon being put to a vote, the vote was as follows:
Mayor Ed Dodd aye
Vice Mayor Kelly Dixon aye
Council Member Fred Jones aye
Council Member Bob McPartlan aye
Council Member Christopher Nunn aye
The Mayor thereupon declared this Ordinance duly passed and adopted this 10th day of April
2024.
CITY OF SEBASTIAN, FLORIDA
By: e ��j�z
Ed Dodd, Mayor
A TEST:
anette Williams, MMC
ity Clerk
Approved as to form and content for
reliance by the City of Sebastian only:
22�� -
e ' er Cockcroft, Esq., B.C.S.
ity Attorney
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SEBASTIAN
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CITY COUNCIL AGENDA TRANSMITTAL
Meetim_ Date: April 10, 2024
Agenda Item Title: Second Reading and Public Hearing on Ordinance 0-24-09 Relating to
Codification of Quasi -Judicial Procedural Matters relating to Citizen
Advisory Boards.
Recommendation: The City Attorney recommends City Council hold second reading and
public hearing on the adoption of Ordinance 0-24-09.
Background: At the City Council workshop meeting on January 24, 2024, the City Council
held a discussion on procedural matters relating to the City Council and citizen advisory boards. Topics
of discussion included bringing back an Ordinance for consideration to codify procedural matters as well
as making certain proposed changes as suggested and approved at the workshop. The City Attorney was
given direction on the possible changes and on bringing forward an Ordinance to codify the procedures
for citizen advisory board meetings.
Proposed Ordinance 0-24-09 further codifies matters relating to citizen boards, specifically: quasi-
judicial proceedings. The majority of these matters were also previously addressed by Resolution R 20-35
but not codified. Approval of Ordinance 0-24-09 is recommended to codify these matters and to make
recommended changes from the City Council meeting of January 24, 2024.
IF AGENDA ITEM REOUIRES EXPENDITURE OF FUNDS:
Budgeted Amount: $4,000
Total Cost: Advertising costs approximately $331; translation fee minimum fee, $75 or 0.18 cents per
word.
Funds to Be Utilized for Appropriation: General Fund
Attachments:
1) Resolution No. R 20-35
2) Proposed Ordinance 0-24-09
Administrative Services Department Review:
City Attorney Review lJ�l
Procurement Division ew, if applicable: N/A'
City Manager Authorization:
Date: N%3�IQ2 Y