HomeMy WebLinkAboutR-99-12 Quasi-Judicial Procedures R SOLETI¢
A RESOLUTION OF THE CIT~
COUNTY, FLORIDA, REVISI?
JUDICIAL HEARINGS; D]
PROVIDING FOR CONFLICT; PI
WHEREAS, the City finds that it is in
employed in the conduct of quasi-judicial heari
board of the City acts as a tribunal;
NOW THEREFORE, BE IT RESOL
OF SEBASTIAN, as follows:
Section 1. CONDUCT OF HEAR
Sebastian recognizes the need to observe funda
quasi-judicial matters, in furtherance of this ob
substantially adhered to in the conduct of such l
N NO. R-99-12
OF SEBASTIAN, INDIAN RIVER
PROCEDURES FOR QUASI-
~TERMiNING APPLICABILITY;
tOVIDING FOR EFFECTIVE DATE.
the public interest to revise the procedures
ags in any matter in which the Council or other
VIED BY THE COUNCIL OF THE CITY
[NGS. The City Council of the City of
x~ental due process in the determination of all
ligation, the following guidelines are to be
aearings:
Tribunal during the hearing shall be sworn. The
done by the Clerk of the Tribunal on the recor,
Citizens wishing to merely express an opinion
agents of the applicant (such as an attorney)
be sworn.
Swearing of witnesses. A ay person presenting factual information to the
administration of the oath or affirmation shall be
at the time the person comes to the podium.
favor or opposition to the matter at hand, and
:rely advocating the applicant's position, need not
B. Admissibilty of Evidence. TI
his own accord, shall determine if any evidence
determination may be over-ruled by a majority
thereof'. Otherwise, the Presiding Officer of the
presented and the same shall be maintained in tl
C. Time Limitations. The tradil
smooth conduct of the hearing, encouraging pr~
guidance as to limitations on the length of pres~
However, as appropriate, the Tribunal by majm
presentations and the number of witnesses on a
D. Disclosure o.f. Ex-Parte....Commm ..
the hearing, members of the Tribunal shall discl
law.
E. Order.of Presentation.
matter shall proceed in the following order:
1. The applicant or his age~
2. The staff shall present it~
3. The Tribunal shall ask q~
4. The floor shall be opene
speak or ask questions.
A
~e City Attorney, upon an objection raised or upon
sought to be presented is inadmissible. This
~fthe Tribunal upon a motion by any member
Tribunal shall for the record receive any evidence
te custody of the City Clerk.
ional practices of the Chair in presiding over the
:cise and relevant presentations, shall provide
:ntations and the redundancy of witnesses.
ity vote may set limits on the length of
case-by-case basis.
~ication. At the time the Presiding Officer opens
c~se ex-parte communications in accordance with
[~er the Presiding Officer opens the hearing, the
~t shall make a presentation in favor of the request.
findings and analysis.
estions of the applicant and staff as it sees fit.
to anyone in favor of the request who wishes to
$.
9.
Section 2.
The floor shall be opene~
speak or ask questions.
The applicant is provide(
raised by staff or the pub
Staff is provided an opp¢
The Tribunal deliberates
The Presiding Officer thc
APPLICATION. D
these procedures shall be utilized in the conduc~
quasi-judicial under the laws of the State of Flo
Section 3, CONFLICT. All resolu
herewith are hereby repealed.
Section 4. EFFECTIVE DATE. TI
upon its adoption.
The foregoing Resolution was moved fc
The motion was seconded by Councilmember
vote, the vote was as follows:
Mayor Ruth Sullivan
Vice-Mayor Martha Wininger
Councilmember Louise Cartwri
Councilmember Larry Paul
Councilmember Chuck Neuber
to anyone opposed to the request who wishes to
an opportunity to respond to any of the issues
ic.
,rtunity to summarize its position.
the request, asking such questions as it sees fit.
~n entertains a motion and the Tribunal acts.
~e to the evolving nature of this area of the law,
of hearings on matters that are determined to be
ida.
tions or parts of resolutions in conflict
tis resolution shall take effect immediately .
,r adoption by Councilmember
and, upon being put into a
;rht ....
The Mayor thereupon declared this Res;
of February, 1999.
ATTEST:
/~attU3m~¢[ O~alloran, CMC/AAE
City Clerk
Approved as to form and legality for
reliance by the City of Sebastian only:
Rich Stringer, CityXAl~mey
flution duly passed and adopted this 24th day
CITY OF SEBASTIAN, FLORIDA
-~Ruil~5][fllivan, Mayor