17.09.060 Quasi-judicial and legislative public hearings.
The Planning Director may adopt supplemental rules of procedure for quasi-judicial and legislative public hearings.
A. Quasi-Judicial Hearing Procedure. All quasi-judicial hearings shall be held in accordance with Oregon public meeting laws as described in ORS 192.610-192.710. The following rules shall apply to all quasi-judicial hearings:
1. Any questions concerning the conduct of a hearing shall be addressed to the Chair with a request for a ruling. Rulings from the Chair shall be made in light of the stated purpose of these procedures and supplemental rules. Any ruling made by the Chair may be modified or reversed by a majority of those members of the hearing body present and eligible to vote on the application before the hearing body.
2. The rules of procedure for the conduct of hearings under this section are as follows:
a. At the commencement of the hearing, the Chair, or the Chair’s designee, shall ascertain whether a quorum is present. A quorum is necessary to conduct the hearing and to deliberate. The Chair shall explain the nature of the application and list the substantive criteria of Title 16 or Title 17 of the Hood River Municipal Code, the Comprehensive Plan, and/or state statute that apply to the decision before the hearing body.
b. The Chair shall then request abstentions by members of the hearing body. Prior to abstaining, the member shall explain the basis for his/her abstention. No member of the hearing body shall participate in discussion of the application or vote on the application when
1. Any of the following has a direct or substantial financial interest in the proposal:
a. The member of the hearing body or his/her spouse, brother, sister, child, parent, or like relative of his/her spouse has a direct or substantial financial interest in the proposal, or
b. A business in which the member of the hearing body or any spouse or relative is then serving, or has served within the previous two (2) years has a direct or substantial financial interest in the proposal; or
c. Any business, that has a direct or substantial financial interest in the proposal, that the member, spouse, or relative is negotiating for or has an arrangement or understanding concerning prospective partnership or employment;
2. He/she owns property within the area entitled to receive notice of the public hearing; or
3. He/she has a direct personal interest in the proposal.
c. The Chair shall then request that all hearing body members disclose any significant pre-hearing or ex parte contact regarding the application. No member shall participate in any proceeding in which the member has an actual conflict of interest or in which the member, or those persons or businesses described in ORS 244.135, has a direct or substantial financial interest. If the member refuses to disqualify him or /herself for conflict of interest, ex parte contact, or bias, the hearing body shall have the power to disqualify the member by majority vote of those present for that proceeding.
d. The Chair shall then provide an opportunity for questioning of the hearing body members by interested persons as to a hearing body member’s qualifications to hear the application or appeal. Based upon the disclosures of the hearing body members or any challenges by interested persons, the Chair shall then entertain motions by any member of the hearing body to disqualify any of its members. A member may be disqualified if a majority of the hearing body determines that a member is biased in favor of or against the applicant or proposal.
e. The Chair shall then request presentation of the City Planning Department’s report. The Chair shall then state the rules of conduct for the hearing as follows:
1. No person shall testify without first being recognized by the Chair and stating his/her full name and residence address.
2. No person shall be disorderly, abusive, or disruptive of the orderly conduct of the hearing.
3. There shall be no audience demonstrations such as applause, cheering, display, signs, or conduct disruptive of the hearing. Such conduct may be cause for immediate termination of the hearing by the hearing body.
4. No person shall present irrelevant, immaterial, or unduly repetitious testimony or evidence.
5. Testimony and evidence must be directed toward the applicable substantive criteria. Failure to raise an issue with sufficient specificity to afford the hearing body and the parties an opportunity to respond to the issue precludes appeal to the board based on that issue.
6. The Chair; members of the hearing body; and with the approval of the Chair, the City Attorney; and any other officer or employee of the City may question and cross-examine any person who testifies.
7. No other officer or employee of the City who has a financial or other private interest or has previously participated in a hearing on the application shall participate in discussion with or give an official opinion to the hearing body on the proposal without first declaring for the record the nature and extent of such interest.
8. The hearing body may set such time limitations for hearings provided that proponents and opponents are provided equal time for presentation of evidence and argument.
g. The Chair shall then request:
1. The proponent’s case;
2. Other testimony or evidence in support of the application;
3. The opponent’s case;
4. Other testimony or evidence against the application;
5. Testimony or evidence concerning the application, which by its nature is neither in favor nor against; and
6. Rebuttal, which should shall be limited to comments on evidence in the record.
h. The Chair shall then close the hearing and the hearing body shall commence deliberations. The hearing body’s deliberations may include questions directed to City staff, comments from City staff, or inquiries directed to any person present. If new evidence, conditions, or modifications not presented in the staff report are raised after the close of the hearing, an opportunity shall be provided for any person to comment on or rebut that evidence or information.
i. When the hearing body reopens a record to submit new evidence or testimony, any person may raise new issues, which relate to the new evidence, testimony, or criteria for decision making that apply to the matter at issue.
j. Prior to the conclusion of the public hearing, any participant may request an opportunity to present additional evidence or testimony regarding the application. The Commission shall grant the request (a “continuance”) by continuing the public hearing or leaving the record open for additional evidence or testimony in accordance with the provisions of ORS 197.797.
k. The hearing body shall, within thirty days (30) after closing the hearing, adopt a written decision, which specifically sets forth the basis for that decision. The hearing body’s final decision shall be based on adequate findings of fact presented during the hearing. If a finding is challenged by a Commissioner or Councilor, a vote may be taken on the finding singly, apart from the motion. A proposed order may be submitted by the Planning Director, or the Planning Commission or City Council may request the applicant or appellant to submit a proposed order.
B. Legislative Hearing Procedure. The Historic Landmarks Boards, Planning Commission, and Council each have the authority to hold legislative hearings. All legislative hearings will be held in accordance with Oregon public meeting laws as described in ORS 192.610-192.710, “Public Meetings”.
1. At the start of each public hearing on legislative actions, the presiding officer shall ask if any member of the hearings body wishes to make any disclosure, or abstain from participating or voting on the matter being heard because of possible financial gain resulting from the legislative action.
2. A member with an actual conflict of interest shall not participate as a member in the hearing, but may vote if the member’s vote is necessary to meet the minimum number of votes required to take official action.