3.C.ii. Public Hearing Procedures ask
Ti CIad TY r
gPublic Hearing Procedures
Whats a public hearing? Challenge to Participation
A public hearing is an opportunity in which any person shall be After the discussion of conflicts and ex parte contacts,any
able to comment on a given subject. person may challenge the participation of a Council member or
rebut any statements made. The Council member in question
Sample Agenda Item Titles may respond to such a challenge
Public Hearing:Consider Resolution Approving Utility Fee
Additions and Changes in the Fees and Charges Schedule; Hearing Procedures
Legislative Public Hearing:Consider an Ordinance to Enact 20 A typical public hearing is structured as follows:
MPH Speed Zones in Tigard
1. Open Public Hearing
Types of Hearings The Mayor or presiding member will announce the
public hearing is open.
► General public hearings may relate to changes to fees or
adoption of a budget supplemental. 2. Staff Report
City staff will summarize the written staff report and
► Legislative public hearings often relate to enacting or explain any proposed amendments.
amending a City ordinance or City code(Tigard Municipal
Code). 3. Public Testimony
Those in favor of the proposed amendments testify.
► Quasi-judicial public hearings relate to land use Then those who oppose the amendments or who have
proceedings.At the opening of the hearing,the City questions or concerns testify. Council members may
Attorney will read a statement identifying the substantive ask the staff and the witnesses questions throughout
criteria the Council's decision must be based upon,found the hearing until the record closes.
in City code.
4. Staff Response
Conflicts of Interest After all testimony is taken,the City staff can make a
Members of the City Council will be asked whether they closing statement.
have any conflicts of interest. If a Council member has an
actual conflict,the Council member cannot participate in any 5. Council Discussion
discussion,debate or vote on the matter. If a Council member After the record is closed,the City Council will
has a potential conflict,they should discuss with the City deliberate. During deliberations,the City Council may
Attorney who will advise on that member's participation. re-open the public portion of the hearing to receive
additional comments before making a decision.
Ex Parte Contacts
Council members must declare any contacts about this case 6. Close Public Hearing
with a member of the public. Council members must also The Mayor or presiding member will announce the
declare if they have independent knowledge of relevant facts, public hearing is closed.
such as from a visit to the site in question. A Council member
who describes ex parte contacts or independent information �• City Council Consideration
shall state whether the contact has impaired their impartiality or A Councilor may make a motion to approve or amend
ability of the member to vote on the matter. the item under consideration.