(A) All hearings of the public body shall be subject to the Illinois Open Meetings Act, and pursuant to the Open Meetings Act (ILCS Ch. 5, Act 120, § 2.06(g)), any person shall be permitted an opportunity to address the public body at a public hearing under the rules established in division (C) of this section, or by rulings of the chair at the time of any public hearing.
(B) A petitioner or other person participating in a public hearing may appear on his or her own behalf or may be represented by an attorney. All persons present shall be provided with an opportunity to testify, comment, present evidence or ask questions, individually or by a group representative, as determined by the chair. Any person participating, other than the petitioner or a person appearing on behalf of the petitioner, shall be referred to in these rules as an “interested person”.
(C) The chair shall chair the public hearing and may take such actions as are required to maintain an orderly and civil hearing, including but not limited to, the following:
(1) Requiring that any person participating in the hearing will do so only at the time designated for such participation pursuant to the “Order of presentation” set forth in division (H) of this section, unless the public body waives such compliance by a majority vote of its members;
(2) Requiring that any person wishing to address the public body will direct his or her comments only to the presiding officer;
(3) Imposing reasonable limitations on evidence or testimony presented by the petitioner or interested persons;
(4) Establishing fair and equitable time limits, including barring irrelevant, immaterial or unduly repetitious testimony, and requiring groups to consolidate their comments and use representative speakers on their behalf to avoid repetition; provided that public comments shall generally be limited to no more than five minutes except with the express permission of a majority of the public body;
(5) Prohibiting any person participating in the hearing from engaging in debate or directing threats or personal attacks at the public body, any staff member, or any other speaker or member of the audience; and
(6) Prohibiting any person from applauding, cheering, booing or engaging in any other demonstrations during or at the conclusion of remarks made by any speaker addressing the public body.
(D) Minutes and/or other record of the proceedings shall be kept.
(E) Every person participating in the hearing shall raise their hands and when recognized shall identify themselves for the record by name and address.
(F) All persons offering information or testimony at a public hearing shall do so under oath. An interested person shall be sworn before offering information or testimony, but need not be sworn if he or she is only asking a question. An attorney shall be sworn if offering information or testimony, but need not be sworn if he or she is only asking questions of the petitioner, a person appearing on behalf of the petitioner or an interested person, summarizing information or testimony, or addressing the public body.
(G) Any member of the public body may ask questions of any person offering information or giving testimony at the public hearing.
(H) Order of presentation. The order of presentation at a public hearing shall generally be as follows, but may be modified as determined appropriate by the chair.
(1) The public body will first hear and receive statements, testimony and evidence from the petitioner or its representatives.
(2) The public body may then ask questions and permit interested persons to ask questions of the petitioner or persons appearing on behalf of the petitioner, including cross examination of expert witnesses appearing for the petitioner, if appropriate and permitted by the chair. Cross examination, if any, must be relevant to the matters heard and be confined to the points raised in the person's testimony. Interested persons asking questions of the petitioner or a person appearing on behalf of the petitioner shall not use such question to offer the questioner's own information, opinion or testimony.
(3) The public body may then receive positive and negative information, opinions or testimony from interested persons or their representatives concerning the petition (if appropriate for the public hearing), after which the public body may ask questions of such persons and, if appropriate and permitted by the chair, may permit the petitioner to cross examine any expert witnesses appearing for an interested person. Cross examination, if any must be relevant to the matters heard and be confined to the points raised in the person's testimony.
(I) At the conclusion of the presentations of the petitioner and interested parties, the public body chair will either close the hearing or continue the hearing to a date certain for the purpose of taking further evidence and testimony. If the hearing is closed, no further testimony or evidence will be taken, and the public body may either deliberate and make a decision, or continue its deliberation and decision to a date certain.
(J) Any member of the public body who is absent from all or any portion of a public hearing may vote on the question with respect to such matter if such member states that he or she has read the record of proceedings concerning the matter.
(K) A written decision shall be prepared and a copy shall be provided to the petitioner and to any interested person who requests a copy thereof. Such decision shall include findings of fact and the public body's recommendation or decision.
(Ord. 08-48, passed 12-9-08; Am. Ord. 10-41, passed 2-8-11)