Skip to main content
Quasi-Judicial Hearings
This article is included in your selections.
This section is included in your selections.

(1) The quasi-judicial procedures set forth in EC 9.7065 through 9.7095 supersede any rules of procedures (Roberts Rule of Order), resolution, bylaw, ordinance, or section of this code or conflicting rules or procedures. Where these procedures conflict with requirements of state law, state law shall prevail.

(2) No member of the hearings body may discuss or vote on a matter when:

(a) Any of the following has a direct or substantial pecuniary interest in the matter: the member or the member’s spouse, brother, sister, child, parent, father-in-law, or mother-in-law; any organization or business in which the member is then serving as an officer or director or employee or has so served within the previous 2 years; or any business with which the member is negotiating for or has an arrangement or understanding concerning a prospective partnership, employment or other business affiliation.

(b) The member owns all or a portion of the property that is the subject of the matter before the hearings body or owns abutting or adjacent property.

(c) The member has a direct personal interest in the matter or for any other reason cannot participate in the hearing and decision impartially.

(3) Because of the importance of preserving public confidence in decisions made by the hearings body, a member of that body may elect to abstain from a particular hearing when the member is not disqualified under subsection (2) of this section, but desires to avoid the appearance of partiality. Abstention in such an instance shall be solely a matter of the member’s own judgment. A member who feels that abstention may be necessary or desirable under this section shall seek the advice of the body and then state the member’s decision and the reasons therefor.

(4) No other officer or employee of the city who has a financial or other private interest in a matter before the body may participate in discussion of the matter with, or give an official opinion on the matter to, the body without first declaring for the record the nature and extent of that interest.

(5) Any proponent or opponent of, or person interested in, a matter to be heard, and any member of the hearings body may challenge the qualification of any other member of that body to participate in the hearing and decision regarding the matter. The challenge shall state by affidavit the facts relied upon by the challenger as the basis for the challenge.

(a) Except for good cause shown, the challenge shall be delivered by personal service to the planning director and the person whose qualification is challenged, not less than 48 hours preceding the time set for the hearing.

(b) The challenge shall be made a part of the record of the hearing.

(Section 9.7065, see chart at front of Chapter 9 for legislative history from 2/26/01 through 6/1/02; and amended by Ordinance No. 20286, enacted March 10, 2003, effective April 9, 2003.)