§ 2-74. Procedures for quasi-judicial proceedings.

(1)

[In general.]

(a)

In quasi-judicial proceedings on local government land use matters, individuals are not precluded from communicating directly with a member of the decision making body by application of ex-parte communications prohibitions. Disclosure of such communications by a member of the decision making body is not required, and such nondisclosure shall not be presumed prejudicial to the decision of the decision making body. All decisions of the decision making body must be supported by substantial, competent evidence in the record pertinent to the proceedings, irrespective of such communications.

(b)

If the quasi-judicial proceeding is not on a land use matter, ex-parte communications are still not presumed prejudicial if the subject of the communication and the identity of the person, group or entity with whom the communication took place is disclosed and made a part of the record.

(c)

A local public official may read a written communication from any person. A written communication that relates to a quasi-judicial action pending before a local public official shall not be presumed prejudicial to the action but such written communication shall be made a part of the record before final action on the matter.

(d)

A local public official may conduct investigations and site visits and may receive expert opinions regarding quasi-judicial action pending before them. Such activity shall not be presumed prejudicial to the action if the existence of the investigation, site visit, or expert opinion is made a part of the record before final action on the matter.

(2)

Notification.

(a)

At least seven (7) calendar days prior to the proceeding city shall provide a legal advertisement to be published in a newspaper of general paid circulation in Broward County and of general interest and readership in the community, not one of limited subject matter. Said notice shall state the name of the petitioner for the requested action, the date and time of the proceeding and the location where the petition and any back up information may be reviewed. In addition, the notice shall (i) inform all affected persons that they will be allowed to present evidence at the hearing, bring forth witnesses, and cross-examine witnesses and (ii) notify affected persons, as defined in section 2-72 of the Code of the City of Coral Springs, that they must file the required forms provided in the city clerk's office. The forms when completed must include disclosure of witnesses or anyone providing sworn testimony and notice of their intent to appear at the proceeding. The forms must be filed in the city clerk's office no later then noon the day before the proceeding.

(b)

No later than five (5) calendar days prior to the proceeding a mail notice containing the same information as the legal advertisement shall be sent to each real property owner within four hundred (400) feet of the subject property as each is listed in the latest ad valorem tax records of Broward County. Mail notice may be provided by bulk mail, first class mail or certified mail, return receipt requested.

(c)

All cost for notification shall be paid by the petitioner.

(d)

Any affected person desiring to testify at the proceeding shall complete the required forms provided in the city clerk's office notifying the petitioner and city of their intent to appear at the proceeding to testify and cross-examine witnesses. The affected person shall indicate whether he or she is for or against the petition. The affected person must indicate how he or she qualifies as an affected person. In addition, the affected person must disclose witnesses or anyone providing sworn testimony, including consultants and expert witnesses. The required form must be completed and returned to the city clerk's office no later than noon the day before the proceeding.

(e)

The petitioner shall complete the required forms provided in the city clerk's office. The form when completed must include disclosure of witnesses or anyone providing sworn testimony, including consultants and expert witnesses. The required form must be completed and returned to the city clerk's office no later than 12:00 noon the day before the proceeding.

(3)

Presentation of evidence.

(a)

All persons testifying before the board or commission must be sworn in. The petitioner, members of the board or commission and any affected person who has provided notice that it intends to appear at the proceeding shall be given the opportunity to question or cross-examine any witnesses.

(b)

All evidence relied upon by reasonably prudent persons in the conduct of their business shall be admissible whether or not such evidence would be admissible in a court of law. However, immaterial or unduly repetitious evidence shall be excluded.

(c)

Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient by itself to support a finding.

(d)

Documentary evidence may be presented in the form of a copy or the original, if available. Upon request, parties shall be given an opportunity to compare the copy with the original.

(e)

A party shall be entitled to conduct cross-examination when testimony is provided or documents are made a part of the record.

(f)

The office of the city attorney shall represent the board or commission and advise as to the propriety and admissibility of evidence presented at the proceeding.

(4)

Procedures for quasi-judicial proceedings. The proceedings shall be conducted in an informal manner. Each party shall have the right to do the following:

(a)

To call and examine witnesses;

(b)

To introduce exhibits;

(c)

To cross examine opposing witnesses on any relevant matter; and

(d)

To rebut evidence.

(5)

Conduct of quasi-judicial proceedings. To the extent possible, the following shall be the order of the proceedings:

(a)

Call the proceedings to order and announce the beginning of the proceeding. A majority of the board or commission members must be continuously present during the proceeding.

(b)

The matter to be heard and the rules concerning the admissibility of evidence should be announced.

(c)

Statements of counsel shall only be considered as argument and not be considered as testimony. Counsel for parties shall not be subject to cross-examination. The board or commission shall have the authority to refuse to hear any testimony which is irrelevant or repetitive.

(d)

City staff shall present its report on the matter as well as any comments. This report shall include, but not be limited to, a description of the request of the petitioner; a description/background related to the petition; an analysis which includes the consistency with the city's Comprehensive Plan, if applicable, and how the petition does or does not meet the requirements of the City Code; a listing of the exhibits to be presented; a listing of potential witnesses; a summarization of the issues; and the staff recommendations. The staff recommendation shall include specific findings in support of justifying a recommendation for approval or denial of the petition.

(e)

Petitioner, or his representative, shall make a presentation. The petitioner should include a description of the nature of the petition if there is additional information that has not been provided by city. In addition the petitioner shall introduce any exhibits and witnesses.

(f)

Parties who are in support of the petition shall make their presentation. The party shall introduce any exhibits and witnesses.

(g)

Parties who are in opposition of the petition shall make their presentation. The party shall introduce any exhibits and witnesses.

(h)

Staff shall provide any responses to any other party to the proceeding.

(i)

After each witness testifies or documents are made a part of the record, a party shall be permitted to question the witness. The questioning party is not permitted to make any statements, only to ask questions which are directly related to the testimony presented.

(j)

Final presentation by petitioner in response to any testimony from other parties.

(k)

Final presentation by city in response to any testimony from other parties.

(l)

At the discretion of the board or city commission, the petitioner may be permitted to respond to final staff recommendations.

(m)

The board or commission shall deliberate on the petition. No further testimony shall be taken and the members shall not ask further questions of persons presenting testimony. The board or commission shall discuss the evidence that was presented at the proceeding and vote on the petition.

(6)

Final determination by board or commission. In reaching a determination as whether to grant or deny the petition, the board or commission shall:

(a)

Consider whether the petitioner's request is consistent with the city's comprehensive plan, if applicable, and

(b)

State with specificity the reasons for the approval or denial of the petition. Said approval or denial may reference the staff report. If an ordinance is required to be adopted by the city commission, the ordinance shall be the final action of the city; otherwise a final order shall be prepared.

(c)

State whether or not the order is to be recorded in the public records of Broward County.

(7)

Preparation of the order. The city attorney's office shall prepare the final order of the board or commission based upon the determination. The final order shall include, but not be limited to, the finding of facts, any conditions, requirements or limitations on the approval of the petition, and whether or not the order shall be recorded in the Broward County public records. If an ordinance is required to be adopted upon approval of an action by the commission, a final order will not be prepared unless the petition is denied. If the order is to be recorded in the public records of Broward County, the petitioner shall pay the cost for the recording.

(8)

Continuances and deferrals. If, in the opinion of the board or commission, any testimony or documentary evidence or information presented at the proceeding justifies providing additional time to allow additional research or review in order to properly determine the issue presented, the board or commission shall continue the case to a designated time to allow for the additional research or review. After the decision is made to continue, the date to which proceeding shall be continued shall be announced at the proceeding.

(9)

Transcription of quasi-judicial proceedings.

(a)

The official transcript of a proceeding shall be preserved by tape recording or other device. Nothing precludes the party from providing a court reporter for the proceeding if the board or commission has not done so.

(b)

A party to the proceeding may request that all or part of the transcript of the proceeding be transcribed into verbatim written form. In such case, the person requesting the transcript shall be responsible for the cost of production of the transcription.

(10)

Maintenance of evidence and other documents. The office of the city clerk shall retain all of the evidence and documents presented at the proceeding, except for large scale exhibits which shall be retained by the department of community development, all which become a part of the public record of the proceeding.

(11)

Appeal of final determination by board or commission. The final determination of the board or commission is subject to judicial review in a court of competent jurisdiction.

(Ord. No. 94-124, § 1, 5-3-94; Ord. No. 95-058, § 1, 11-21-95; Ord. No. 2000-115, § 2, 6-6-00)