Chapter 2.40
HEARINGS PROCEDURES
Sections:
2.40.020 Purpose, policy and scope.
2.40.040 Parliamentarian or time keeper.
2.40.010 Short title.
This chapter shall be known as the hearings procedure ordinance and may be so cited and pleaded. [Ord. 753 § 1, 1986.]
2.40.020 Purpose, policy and scope.
A. It is declared to be in the public interest and policy of Marion County to establish uniform procedures for the conduct of public hearings for the transaction of public business before the Marion County board of commissioners.
B. Such uniform procedures for the conduct of public hearings will protect the health, safety and welfare of the people of Marion County and provide a coordinated procedure for all citizens who wish to have input at public hearings before the Marion County board of commissioners. [Ord. 753 § 2, 1986.]
2.40.030 Presiding officer.
A. The chairperson of the board of commissioners shall be the presiding officer at all public hearings.
B. In the absence of the chairperson, the first vice-chairperson shall serve as presiding officer. [Ord. 1264 § 2(4), 2008; Ord. 753 § 3, 1986.]
2.40.040 Parliamentarian or time keeper.
A. The presiding officer shall be parliamentarian and time keeper at all public meetings.
B. The presiding officer may appoint another person to serve as parliamentarian or time keeper. [Ord. 1264 § 2(4), 2008; Ord. 753 § 4, 1986.]
2.40.050 Conduct of hearing.
The public hearing shall be conducted in the following order:
A. The presiding officer shall request the presentation by the appropriate county staff member to summarize the ordinance, regulation, application, certification, or other matter which is the subject of the public hearing. Said presentation shall not exceed 10 minutes.
B. The applicant (if any) or designated representative shall explain the position of the applicant, reasons for the application, and introduce statements or exhibits in support of the application. Said presentation by the applicant shall not exceed 15 minutes.
C. If there is no applicant or applicant’s representative, a representative of the proponents of the subject matter of the public hearing who wish to make a statement or introduce exhibits in favor of the application may do so. Said presentation shall take no more than 15 minutes.
D. Following the applicant or his representative, or the representative of the proponents, if any, anyone in attendance who wishes to make a statement or introduce exhibits in favor of the subject matter of the hearing may do so.
E. Following the statements of those in support of the issue, anyone in attendance who wishes to speak in opposition to the subject matter of the hearing and introduce statements or exhibits may do so.
F. The hearing shall then be opened to anyone who wishes to make general comments on the issue. Following such comments, the applicant, if any, or his representative, if any, or the proponent representing the persons in favor of the application may make a rebuttal statement.
G. The presiding officer may request a short summary from staff concerning the subject matter of the public hearing.
H. The presiding officer, any member of the board of commissioners, or legal counsel may, at his/her discretion, ask any speaker such questions as he/she determines are necessary to clarify the matter which is the subject of the public hearing, or any statements, comments or exhibits offered during the hearing.
I. Any person attending this hearing shall have the right to be represented by counsel. However, neither counsel nor any other individual at the hearing shall have the right to directly question or cross examine any speaker. Counsel or other individuals, however, shall have the right to present questions, orally or in writing, to the presiding officer who, personally or through the presiding officer’s designated representative, counsel or parliamentarian, may request an answer to such questions of any speaker.
J. The hearing shall be continued, except for such recesses as may be determined by the presiding officer, until all persons wishing to make a statement on the subject matter of the hearing have been given the opportunity to do so. However, the presiding officer may continue the public hearing to another date, time and place certain to give all persons who wish to make a statement on the subject matter of the public hearing an opportunity to do so.
K. Any person present has the right to be heard, but may not be disorderly, abusive or present irrelevant statements or exhibits.
L. Unless otherwise provided in this chapter, any speaker who is not an applicant or an applicant’s representative shall be limited to three minutes, unless he/she is granted additional time by the presiding officer.
M. All hearings shall be recorded so that they may be subsequently transcribed. Therefore, it is necessary for anyone who wishes to speak at the public hearing to use the microphone. All persons speaking must first state their name and spell their last name.
N. The presiding officer has the right to grant additional time to any person or group of persons during any public hearing to ensure that all information and facts are made available to the board of commissioners prior to the close of the public hearing process. [Ord. 1318 § 3, 2011; Ord. 901 §§ 3, 4, 1991; Ord. 753 § 5, 1986.]