(A) Incorporation. The preambles in the ordinance codified herein be, and the same hereby, are incorporated herein by this reference as if set out in full at this place.
(B) Adoption. The rules for public hearing (attached to the ordinance codified herein and incorporated herewith as division (C) below) are hereby adopted to provide formal procedures to be utilized for all public hearings on matters of an administrative or quasi-judicial nature conducted by the corporate authorities for the village and the Plan Commission.
(C) Suggested rules for public hearing.
(1) All hearings of the public body shall be subject to the Illinois Open Meetings Act, being ILCS Ch. 5, Act 120, §§ 1 et seq.
(2) The Chair may impose reasonable limitations on evidence or testimony presented by persons and parties barring repetitious, irrelevant or immaterial testimony. Time limits, if imposed, shall be fair, and equally administered. The public body shall not be bound by strict rules of evidence; however, irrelevant, immaterial or unduly repetitious evidence shall not be admissible. The Chair shall rule on all questions related to the admissibility of evidence. The Chair may impose reasonable conditions on the hearing process based on the following factors:
(a) The complexity of the issue;
(b) Whether the witness possesses special expertise;
(c) The degree to which the witness’s testimony relates to the factors to be considered in approving or denying the proposal; and
(d) Other factors appropriate for the hearing.
(3) The Chair may take such actions as are required to maintain an orderly and civil hearing.
(4) Proof of lawful notice shall be introduced into evidence before the public body.
(5) A record of proceedings (i.e. a verbatim transcript prepared by a court reporter) may be made as directed by the public body.
(6) At a public hearing, a petitioner may appear on his or her own behalf or may be represented by an attorney.
(7) The municipality shall be a party in every proceeding and need not appear.
(8) In addition to the petitioner, any person may appear and participate at the hearing.
(9) People participating shall identify themselves for the record, either orally or in writing, and indicate if an attorney represents them. Any person participating, other than the petitioner, shall be referred to in these rules as interested person.
(10) The examination of a witness shall not be used by the questioner to offer testimony or evidence of the questioner.
(11) All persons offering testimony at a hearing shall testify under oath. An attorney shall be sworn in if he or she offers testimony but not if he or she is questioning witnesses, summarizing testimony of witnesses or addressing the public body.
(12) The order of presentation of evidence at a public hearing shall generally be as follows, but may be modified as determined appropriate by the Chair:
(a) Identification of petitioner and interested persons;
(b) Submittal of proof of notice;
(c) Testimony and other evidence by petitioner;
(d) Public body examination of petitioner’s witnesses and other evidence;
(e) Cross-examination of petitioner’s witnesses and other evidence by interested persons;
(f) Testimony and other evidence by interested persons;
(g) Public body examination of interested persons’ witnesses and other evidence;
(h) Cross-examination of interested persons’ witnesses and other evidence by petitioner;
(i) In some cases re-examination may be allowed;
(j) Report by staff, if any;
(k) Summary/closing by petitioner;
(l) Summary/closing by interested persons; and
(m) Rebuttal/closing by petitioner.
(13) At the conclusion of an evidentiary portion of the public hearing, the public body may, among other actions, move to deliberate its decision on the evidence presented, or continue the hearing to a date, time and location certain.
(14) A written decision shall be prepared which shall include findings of fact (if required by ordinance) and the public body’s recommendation or decision based upon the record.
(15) These rules for public hearing may be amended by a vote of a majority of the Village Board.
(Ord. 734, passed 7-7-2003)