HomeMy WebLinkAbout2018-088 1 1.02 The Presiding Officer shall direct the clerk or secretary of the body to administer
the following oath to any person that desires to testify before the body on the
2 item:
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"Any member of the public wishing to address this body on this item please stand
4 and raise your right hand."
5 The clerk or secretary of the body shall then administer the following oath:
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"Do you solemnly affirm that the testimony you are about to give before this body
7 will be the truth, the whole truth, and nothing but the truth? If so, please say `I
do.
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9 1.03 The Presiding Officer shall then request that the members of the body disclose
any communications they have had under Rule 6.
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1.04 The Presiding Officer shall then invite the City Manager, or other appropriate
11 City staff member, to report on the item including any recommendation that they
might have. The City Manager, or other appropriate City staff member shall have
12 a reasonable amount of time, not to exceed fifteen (15) minutes, to report on the
13 item.
14 1.05 The Presiding Officer shall then ask other members of the body if they have any
questions for the City staff giving the report. At this point, the members of the
15 body may ask clarifying questions to the City staff person who reported on the
16 item and City staff shall be given time to respond.
17 1.06 The Presiding Officer shall then invite the applicant or appellant, if any, to
provide evidence and testimony on the item. The applicant or appellant shall have
18 a reasonable amount of time, not to exceed fifteen (15) minutes, to provide
19 evidence and testimony.
20 1.07 The Presiding Officer shall then ask other members of the body if they have any
questions for the applicant or appellant. At this point, the members of the body
21 may ask clarifying questions to the appellant or applicant and they shall be given
22 time to respond.
23 1.08 The Presiding Officer shall then invite the members of the public to provide
evidence and testimony on the item. The Presiding Officer shall inquire as to
24 whether the member of the public has been sworn in and request that they state
25 their name and address for the record. Members of the public shall have a
reasonable amount of time, not to exceed three (3) minutes, to provide evidence
26 and testimony.
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1 1.09 The Presiding Officer shall then invite the applicant or appellant, if any, to
provide any rebuttal evidence and testimony. The applicant or appellant shall have
2 a reasonable amount of time, not to exceed five (5) minutes, to provide rebuttal
3 evidence and testimony.
4 1.10 The Presiding Officer shall then ask other members of the body if they have any
final questions for the applicant or appellant. At this point, the members of the
5 body may ask clarifying questions to the appellant or applicant and they shall be
6 given time to respond.
7 1.11 The Presiding Officer shall then announce that the hearing is closed and invite a
motion for the body to consider. The Presiding Officer shall announce the name
8 of the member of the body who makes the motion. The Presiding Officer shall
then invite a second to the motion and announce the name of the member of the
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body who seconds the motion.
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1.12 The Presiding Officer shall then invite members of the body to discuss the
11 motion. If there is no desired discussion, or after the discussion has ended, the
Presiding Officer shall then announce that the body will vote on the motion. If
12 there has been no discussion or only brief discussion, the vote should proceed
13 immediately. If there has been substantial discussion, the Presiding Officer shall
ask the clerk or secretary of the body to read the motion before the vote is taken.
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15 1.13 The body shall memorialize the decision in writing.
16 Rule 2 —Hearings Are Informal; Rules of Evidence
17 Quasi-judicial hearings before the Mayor and City Council or other boards and
commissions of the City of San Bernardino are intended to be informal in nature and accessible
18 to members of the public. Formal rules of evidence and discovery do not apply.
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Rule 3—Records of Proceedings
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The secretary or clerk of the body shall record all quasi-judicial hearings by audio and/or
21 video recording device, as available.
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Rule 4—Time Limits
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Notwithstanding the time limits contained in Rule I above, the Presiding Officer shall
24 give City staff providing the report on the item and the applicant or appellant bringing the matter
25 before the body sufficient time to provide evidence and testimony, and may, at the discretion of
the Presiding Officer, allow for additional time.
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1 Rule 5—Oaths; Identification
2 Any person wishing to provide testimony during a quasi-judicial hearing may do so
3 without the oath described in these Rules being administered or providing their name and
address. The body may determine both the weight and credibility given to unsworn or
4 anonymous testimony.
5 Rule 6—Communications
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6.01 Members of the body may receive information relevant to the item through
7 communications with the applicant or appellant, the public, or City staff members.
These communications are known as "ex parte communications" and are
8 substantive oral or written communications concerning quasi-judicial matters that
9 occur outside of the quasi-judicial hearing. Such communications raise due
process concerns for the parties involved in the hearing. When members of the
10 body have had ex parte communications relevant to the quasi-judicial hearing, the
member of the body shall disclose the communication and the substance of the
11 information received at the beginning of the hearing.
12 6.02 While the hearing is before the body, there shall be no communication, direct or
13 indirect, regarding any issue in the proceeding, to the members of the body,
without notice and an opportunity for all persons present at the hearing to
14 participate in the communication.
15 6.03 Ex parte communications after the hearing has closed and before the final
16 decision is rendered are prohibited because there is no opportunity for rebuttal.
17 Rule 7 —Attention
18 The members of the body shall be attentive to the evidence and testimony being
19 presented.
20 Rule 8 —Identification of Quasi-Judicial Matters on the Agenda
21 The City Manager, in conjunction with the City Attorney, will identify agenda items
22 involving quasi-judicial decisions on the agenda for the body. This identification is intended to
inform the body, interested parties, and the public that these Rules will apply to the item, but the
23 failure to identify an item shall not be cause for continuance.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING PROCEDURAL RULES FOR QUASI-
JUDICIAL HEARINGS
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City
Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 2151 day of March
2018, by the following vote, to wit:
Council Members: AYES
MARQUEZ X (S)
BARRIOS X
VALDIVIA X (M)
SHORETT X
NICKEL X
MULVIHILL X
NAYS ABSTAIN ABSENT
Georgeann i anna, CM ity Clerk
The foregoing Resolution is hereby approved this 21" day of March 2018.
�r 1
Cr --1 l• �s'v
R. Carey Davis', Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City At rney
By:
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