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
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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
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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
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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
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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
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• 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.
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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.
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