Home › Page › 21. Rules of Procedure for Public Hearing

21. Rules of Procedure for Public Hearing

IDAHO COUNTY ORDINANCE NO. 21
AN ORDINANCE PROVIDING FOR THE RULES OF PROCEDURES FOR THE CONDUCT OF PUBLIC HEARINGS BEFORE THE IDAHO COUNTY COMMISSIONERS AND THE IDAHO COUNTY PLANNING AND ZONING COMMISSION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE APPROVAL AND PUBLICATION:
BE IT ORDAINED, by the Idaho County Commissioners, as followers:
Section 1
The following rules hereby established shall be observed in the conduct of any public hearing before the Idaho County Commission, or the Idaho County Planning and Zoning Commission, or any other public commission established by the Idaho County Commissioners, with all of such bodies being hereinafter referred the Idaho County Rules of Procedure:
No. 1. At the beginning of each public hearing, the presiding officer of the hearing body shall describe the order of events which will occur at the hearing. Such officer shall ask the public for any objections to such order, and if there are no one, received, the hearing body shall consider the objection, and either adopt the order of events as originally set forth, or amend the order of events based upon the objection, if it appears to that body that such objection has merit.
No. 2. No person shall be permitted to testify or speak before the hearing body at a public hearing unless such person has signed his name and written his residential address thereafter upon sign-up sheets to be provided by the county. This rule shall not apply to staff or technical witnesses directed by the presiding officer to give evidence or information to the hearing body.
No. 3. No person shall be permitted to speak before the hearing body at a public hearing unless such a person shall be recognized by the presiding officer.
No. 4. All public hearing proceedings shall be recorded electronically or steno graphically, and all persons speaking at such 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.
No. 5. After the sign-up sheets have been collected at any hearing, the hearing body shall establish by rules or regulations for the conduct of that meeting 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 not only to the speakers’ comments.
No. 6. The speaker shall not be interrupted by members of the hearing body until his time limit has been expended, or until he has finished his statement.
No. 7. At the conclusion of a speaker’s comments, each member, when recognized by the presiding officer, shall be allowed to question the speaker, and the speaker shall be limited to answers to questions asked. The question and answer period shall not be included in the speaker’s time limit as established.
No. 8. When the public hearing is quasi-judicial in nature, or one after which the hearing body is required by law to make findings of fact, each speaker must swear or affirm that his testimony will be true and correct.
No. 9. Any person not conforming to any of the above rules may be prohibited from speaking during the public hearing and should any person refuse to comply with prohibition, he may be removed from the room by order of the presiding officer with the assistance of law enforcement if necessary.
No. 10. The presiding officer shall have the auditory to interpret and apply the foregoing rules, subject to an appeal to the hearing body whose decision shall be determined by a majority vote of the members present.
Section 2
All ordinances or parts of ordinances rules, or policies in conflict herewith are hereby repealed.
Section 3
This ordinance shall take effect and be in full force and effect upon its passage, approval and publication in one issue of the Idaho County Free Press.
Passed by the Idaho County Commission this 13th day of April, 1983, under a suspension of the rule requiring thee (3) readings on a separate days at a regular meeting of the Idaho County Commission.
DOUG HIGGINS – CHAIRMAN
LEWIS CREA
JOHN KIPCZYNSKI
ATTEST:
JOYCE HART – CLERK

 

Return to Ordinances