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Resolution 463J RESOLUTION NO. 463 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING RULES OF PROCEDURE FOR CONDUCT OF HEARINGS. WHEREAS, the following Rules of Procedure will enable the City Council to conduct public hearings in an orderly manner and therefore be of benefit to the public, now, therefore, The City Council of the City of Edmonds, Washington, hereby resolves that the Rules of Procedure for Conduct of Public Hearings, dated February 8, 1980, attached to this Reso- lution and incorporated in full by this reference are adopted as the rules of procedure for all public hearings before the City Council. RESOLVED this 26 day of.February, 1980. APPROVED: MAYOR, H. H. HARRISON ATTEST /AUTHENTICATED: CITY CLERK, IREbFE VARNEY MORAN FILED WITH THE CITY CLERK: February 12, 1980 -1- 1 DATED 2/8/80 RULES OF PROCEDURE FOR THE CONDUCT OF PUBLIC HEARINGS The format for public hearings conducted by the City Council should be as follows: 1. A request to have the City Attorney or staff member read or otherwise paraphrase (the purpose of the hearing) cable criteria that they mus- review. The purpose of this receive all of the input and be looking at and paying the the ensuing hearing. the scope of the particular hearing and advise the Council of the appli- t consider in the course of their is to advise the Council before they testimony as to what items they should most attention to during the course of 2. The hearing should be commenced with a staff report to the City Council together with the staff's recommenda- tion. 3. The Council should direct any questions they have at that time to the staff. 4. The hearing should be open to permit the applicant to make a presentation to the body hearing the matter. applicant. 5. Questions from the body should be directed to the 6. The hearing should be opened to the audience as a whole preferably a sign up list should have been circulated. If a sign up list has been circulated you then have an indication of the number of persons desiring to speak which may be weighed against the amount of time available that evening for the public hearing. The City of Bothell utilizes a method of allocating a -1- stated amount of time to the hearing and giving each person who has signed up an equal amount of time to speak. Frequently, per- sons who have signed up waive their opportunity to speak which leaves time to be further allocated to those who wish additional time. If the time allocated for the hearing is exhausted the hearing can then be continued to another date if such is necessary. The sign up list also provides a backup list for the Clerk who is having to take the minutes for the name and address of the speaker. In addition, it provides an orderly process for the calling of speakers. It also assures that each person is given an opportunity to speak before those who have already spoken are given an additional opportunity to speak. 7. Each person speaking whether it be the applicant or a member of the audience should be required to come to the podium that is tied into the recording machine and before giving their position should, for the record, state their full name and their residence address. At the time all of the names on the list have been called and have either waived the opportunity to speak or have spoken you may then ask if there are any other persons who desire to speak that have not yet had the opportunity to speak and who had not signed on the list. If there are any then those persons should be allocated the same amount of time if there is such time remaining. 8. When all who desire to speak have had an opportunity to speak then, in the event there is hearing time remaining, and in the event there are those who have already spoken that have -2- something additional in the way of input then additional time may be allocated to them. 9. If at the conclusion of the time allocated for the hearing there are still persons desiring to speak that have additional input and information then the hearing time may either be extended or may be continued to a date certain in the future. 10. As photographs, maps, slides, letters, invoices, memorandums, petitions or ai presented to the Council in should be identified at the number assigned to it. The number list and ascribe the particular exhibit and note iy other documents of any nature are connection with the hearing each one time it is presented and an exhibit Clerk should maintain an exhibit exhibit number on the face of the the date of submission on it. 11. �Councilmembers should in every instance first be recognized by the Chairman before asking questions or providing other input. The purpose of this is for the Chair to specifically recognize the Councilmember about to speak by name so that the record accurately reflects who is speaking at the time. 12. Each person who speaks a second time or who responds to a question should come to the podium on each occasion and again re- identify themselves by the giving of their name. The giving of the address the second time is not necessary. 13. Any questions that any Councilmember has of any member of the audience or of the applicant should be addressed to those person or persons prior to the closing of the hearing. Once the hearing is closed no additional testimony may be taken -3- and the Council will be limited to questions of clarification to the staff only. 14. Councilmembers should avoid whispered conversation between themselves during the course of the hearing. These conversations are semi - intelligible on the tape recording and may jeopardize the record since there then is obviously evidence or part of the record that cannot be ascertained as to what was said should the case be on review. When the public has completed their input the applicant or appellant or their designated repre- sentative should be given a brief opportunity for rebuttal. Upon conclusion of the rebuttal if there are no more questions for any member of the audience or the applicant the hearing should be closed. 15. It should also be noted that proponents or opponents do have a right of examination of persons who have given testimony at the hearing. However, these questions should in every instance be directed through the Chairman of the meeting and not directly to the person whose response is being elicited. For example, the person would request that the Chairman ask person X for an answer to a given question. The Chairman would direct that person to come to the podium, identify himself and give a response. At the con- clusion of that response any additional questions from that person or other persons should be handled in the same manner. That is one question at a time, each question always channeled through the Chairman to the person whose response is being elicited. 16. At the conclusion of the hearing the Council should -4- • commence their deliberations. Obviously it is preferable that the deliberations be completed on the night of the hearing. This, however, is not mandatory and the Council's deliberations may be continued to a date certain in the future.' Continuance should be avoided at all costs if it can be. 17. During the course of deliberation and discussion the pros and cons of the project or appeal should be thoroughly and completely discussed particularly as they relate to the criteria to be applied in the particular matter. 18. Any motion for action should as fully and completely as possible include a statement of conclusion or factual findings that are forming the basis for the motion. For example, Mr. Chairman after a review of the file and having heard the testimony from the hearing and having visited the site or otherwise being familiar with the particular site I find that the proposed whatever satisfies the criteria or does not satisfy the criteria for the following reasons (list them 1, 2, 3, 4, 5, etc.). It would not hurt to actually draft these out in advance of making any motion. At the conclusion of this statement of findings and conclusions then the person should say "for the foregoing reason(s) I move that the application or appeal be approved, denied or modified in whatever respect it should be so modified." Assuming the motion is seconded discussion should then ensue. The Chairman may call upon each member to state their reasons for or against the particular motion. At the conclusion of that the Chairman should then call for a vote upon the motion. -5- . _i9��. • t P 19. At the conclusion of the taking of the vote and the announcement of the decision the Chairman should at that time advise the audience on the record what the appropriate appeal pro- cess is. This can be done either by the Chairman himself or by the Chairman directing such an inquiry to the City Attorney or other staff member. OM