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446 Rules & Procedures for Public Hearings~93~ ORDINANCE NO. 446 AN ORDINANCE ESTABLISHING AND FIXING RULES OF PROCEDURE FOR PUBLIC HEARINGS BEFORE THE CITY COUNCIL OF THE CITY OF' MERIDIAN, STATE OP' IDAHO: AND PROVIDING AN EFFECTIVE DATE HEREOF. WHEREAS, The City Council and the Mayor of the City of Meridian have concluded that it is in the best, interest of said City to fix rules of procedure for public ' hearings before the City Council, and, further, to provide an effective date therefor, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND Ci'TY COUNCIL OF THE CITY OF '~Yf MERIDIAN, ADA COUNTY, IDAHO: Section 1. The following rules are hereby established, shall be observed in the conduct of any Public Hearing before the City Coouncil of the City of Meridian, and shall be known as the "Meridian Rules of Procedure for Public Hearings:" 1. No person shall be permitted to testify or speak before the City Council at a Public Hearing unless such person has printed his naive, signed his name and written jos residential address thereafter on sigh-up sheets to be provided by the City. Ths-~rule shall not apply to staff or technical wtnessess directed by the Mayor to give evidence or information to the City Council. 2. No person shall be permitted to speak before the City Council at a Public Hearing until such person has been recognized by the Mayor. 3. A'll Public Hearing proceedings shall be recorded electronically or stenographically such that said proceedings are capable of being transcribed, and all persons speaking at such Public Hearings shall speack before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and ~.~-g~svo~t.~,i~:. Tgie-.ina~ror_~ma~~_~der~tw~rLy=~:iure=-fh~f ;tile ~e~ord.-be.~tanscr_-becl'...~ IF a party- oth~r~ ~ than`. an, of-f ical :=of th'e.City .requests : 'that -the `record be tanscribed, he shall be so request the Mayor to effect such, and all costs of preparing the perparing tie ranscript shall be paid in advance by the party so requesting. 4. In the notice of the Public Hearing or at the commencement of the Public Hearing, The Mayor may establish a time limit to be observed by all speakers. The time limit shall be established depending on the number of speakers who sign up for each Public Heaing and shall apply only to the speaker's comments. The .Mayor may also, either in the notice of the public hearing or at the close of the hearing, indicate that written testimony shall be received and set a date and time when such written testimony must be submitted in order to be included in the written record. 5. The speaker shall not be interrupted by members of the City Council until his time limit has been expended or until he has finished his statement. 6. At the conclusion of a speaker's comments, each City Councilman, when recognized by the Mayor; shall be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The question and answer period shall no be included in the speaker's time limit as establised. 7. When the Public Hearing is quasi-judicial in nature or one after which .the City Council is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct. 8. Any person not conforming to any of the above rules may be prohibited from speaking during the Public Hearing. Should any person refuse to comply with such prohibition, he may be removed from the room by order of the Mayor. 9. The City Council may suspend or amend any one.or more of this rules by vote of one-half plus one of the full City Council. 10. The mayor shall have the authority to interpret and apply the foregoing rules, subject to an appeal to the City Council, whose decision shall be determined by a majority vote of the Council members present. 11. In cases where the Mayor is absent from the Public Hearing or where the Public Hearing is before a duly appointed Hearing Officer, the President of~the Council or presiding Councilman or the Hearing Officer shall fulfill the duties of the Mayor described hereinabove. Section.2.. All ordinances, resolutions, rules and policies in conflict with this Ordinance are hereby repealed. AMBROSE, FITZGERALD & CROOKSTON Attorneys and Counselors P.O. Box 427 Merldlan, Idaho 83642 Telephone 888.448, ORDINANCE AN ORDINANCE ESTABLISHING AND FIXIIIG TZULES OF PROCEDURE POR PUBLIC HEARINGS BEFORE THE CITY COUNCIL OF THE CITY OF, "1FRIDIAN, ST'TE or IDAHO; AND PROVIDING A14 E'FECTIVE D1TF HEREO T. WHEREAS, the City Council and the `?ayor of t_ie City of meridian have concluded that it is in the best interest of said City to fix rules of procedure for public hearings before the City Council, and, further, to provide an effective date therefor_, NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO Section 1, The followinc- rules are hereby established, shall be observed in the conduct of any Public Hearing before the Citv Council of the City of Meridian, and shall be known as the "Meridian Rules of Procedure for Public 11earinus ; °' 1. No person shall be permitted to testify or speak before the City Council at a Public Hearing, unless such person has printed his name, signed his name and written his residential address thereafter on sign-up sheets to be provided by the City. This rule shall not apply to staff or technical witnessess directed by the Mayor to dive evidence or information to the City Council, 2. No person shall be permitted to speak before the Citv Council at a Public Hearing until such person has been recognized by the Mayor. 3. All Public Dearing proceedings shall be recorded elec-- tronically or stenographically such that said proceedings are capable of being transcribed., and all persons speaking at such PAGE 1 Public Hearings shall speak before a microphone in such a manner as will assure that the recorded testimony or remarks will be accurate and trustworthy. The mayor may order at any time that the record be transcribed. If a party other than an official of the City requests that the record be transcribed, he shall so request the Mayor to effect such, and all costs of preparing the transcript shall be paid in advance by the party so requesting, 4_. In the notice of the Public Hearing or at the commence- ment of the Public Hearing, the rlayor may establish a time limit to be observed by all speakers. The time limit shall be established depending on the number of speakers who sign up for each Public Hearing and shall apply only to the speaker's comments. The Mayor may also, either in the notice of the public hearing or at the close of the hearing, indicate that written testimony, shall be received and set a date and time when such written testimony must be submitted in order to be included in the written record, 5. The speaker shall not be interrupted by merLbers of the City Council until his time limit has been expended or until he has finished his statement. 6. At the conclusion of a speaker's comments, each Citt7 Councilman, when recognized by the mayor, shall be allowed to question the speaker and the speaker shall be limited to answers to the questions asked. The question and answer period shall not be included in the speaker's time limit as established. 7, When the Public Hearing is quasi-judicial in AMBROSE, nature or LD ERA Z FITGer a IT ERAory One aft Wh1Ci1 the City COUT1C11 1S re 1 required b� q law 1 to r..ake Findings i _ ndinc;s Attorneys and Counselors P.O. Box 427 PAGE 2 Meridian, Idaho 83642 Telephone 888.4461 AMBROSE, FITZGERALD &CROOKSTON Attorneys and Counselors P.O. Box 427 Meridian, Idaho 83642 Telephone BM4461 of Fact, each speaker must swear or affirm that his testimony will be true and correct. 8. Any person not conforming to any of the above rules may be prohibited from speaking during the Public Hearina. Should any person refuse to comply with such prohibition, he may be removed from the room by order of the Dlayor, 9. The City Council may suspend or amend any one of more of tnese rules by vote of one-half plus one of the full City Council. 10. The 'Mayor shall have the authority to interpret and apply the foregoing rules, subject to an appeal to the City Council, whose decision shall be determined by a majority vote of the Council members present. 11. In cases where the Mayor is absent from the Public Hearing or where the Public Hearing is before a duly appointed Hearing Officer, the President of the Council dr presiding Council- man or the Hearing Officer shall fulfill the duties of the Mayor described hereinabove. Section 2. All ordinances, resolutions, rules and policies in conflict with this Ordinance are hereby repealed. Section 3. This Ordinance shall take effect and be in full force upon its passage, approval and publication. PASSED by the City Council and Approved by the Mayor this day of �1 y APPROVED: ^ f "13r. a n1 P. =EST: .- ; ;C'TG Jack Niemann PACE 3 ty Cle