§ 2-107. Quasi-judicial hearing procedures.  


Latest version.
  • (a)

    Purpose . It is the purpose of this section to provide a fair, open and impartial procedure for the conduct of quasi-judicial hearings by the village council, planning and zoning board, and code compliance board. Unless otherwise provided by law, quasi-judicial hearings shall be conducted substantially as provided in this section.

    (b)

    Proceedings.

    (1)

    Legal representation . Applicants may be represented by legal counsel. The village council, the planning and zoning board, and the code compliance board may be advised by the village attorney, special counsel or other designated counsel (collectively referred to as "village attorney").

    (2)

    Participants at hearings . All persons who testify on any application must sign in and be sworn by the presiding officer, clerk or counsel. All persons testifying subject themselves to cross examination. Each person who addresses the village council, planning and zoning board, or code compliance board, other than members of village staff, shall provide the following information: his, or her, name and address; state whether the person speaks on his, or her, own behalf, or on behalf of another person, association or entity (third party); if the person represents a third party, the person shall also identify the third party and whether the person is authorized to speak on its behalf and whether the view expressed by the speaker represents an established policy of the third party that has been approved by the principal or its governing body; and whether the person is, or will receive, compensation for appearing at the hearing, and whether the person or any immediate family member, or an entity in which he or she has a controlling interest, has a financial interest in the pending matter.

    (c)

    Conduct of hearing . All quasi-judicial hearings shall be recorded by mechanical means. A court reporter may be retained and paid for by any interested person to transcribe the proceedings. Any person may order and pay for a transcript of the proceedings. The court reporter shall identify himself or herself to the village attorney before the hearing. The order of hearing shall be as follows:

    (1)

    The chair shall read a preliminary statement once at the beginning of the quasi-judicial public hearing agenda, announce the particular agenda item, and open the public hearing. The chair shall conduct the meeting, and all questions shall be asked through the chair;

    (2)

    The applicant, witnesses, village staff and all participants asking to speak shall be sworn at the time the matter is brought on for hearing. Attorneys shall not be sworn unless an attorney intends to testify to facts or to offer an expert opinion;

    (3)

    The chair shall decide any parliamentary objections and objections to evidentiary matters with the advice of the village attorney;

    (4)

    The village staff shall present its report, which shall be made part of the record;

    (5)

    The applicant shall present its case;

    (6)

    Participants in support of the application shall present their testimony and any evidence;

    (7)

    Opponents shall have the right to cross examine individual speakers;

    (8)

    Opposition shall present their testimony and evidence;

    (9)

    The applicant shall have the right to cross examine individual speakers;

    (10)

    Members may ask questions of a speaker at any time through the chair;

    (11)

    Village staff shall be given time for rebuttal if requested. Village staff shall have the right to cross examine the applicant and others participants who present testimony and evidence and shall be subject to cross examination;

    (12)

    The applicant shall be provided time for rebuttal if requested; and

    (13)

    The chair shall close the public hearing. Members shall discuss the matter in public, make or accept proposed findings of fact and conclusions of law, and render a decision. No further presentations or testimony shall be permitted unless directed by the village attorney.

    (d)

    Record of the hearing . Following the final disposition of the application or appeal, all evidence admitted at the hearing, the application or appeal file, staff reports, the approved order and ex parte disclosures shall be maintained in a separate file which shall constitute the record on the matter. The record will be made available to the public for inspection upon request at any time during normal business hours.

(Ord. No. 02-03(03-01), § 1, 1-6-2003)