(A) Intent. It is the intent of the City Commission to provide an equitable and efficient method for the City Commission to hear matters which are considered quasi-judicial in nature. These procedures shall be utilized by the city in regard to hearings on quasi-judicial matters.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1)
AGGRIEVED OR ADVERSELY AFFECTED PERSON. Any person who will suffer an adverse effect to a legally recognizable interest which will be affected by the City Commission action. The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons.
(2)
COMPETENT SUBSTANTIAL EVIDENCE. Evidence a reasonable mind could accept as adequate to support a conclusion.
(3)
PARTY or PARTIES. The petitioner, city, and any aggrieved or adversely affected person who has complied with the notice provisions set forth below.
(4)
QUASI-JUDICIAL IN NATURE. The application of a general rule or policy to specific individuals, interests, or activities by the City Commission.
(C) Notice procedures for aggrieved or adversely affected persons. Any aggrieved or affected person desiring to become a party in the quasi-judicial proceeding shall provide written notice to the office of the City Clerk which notice shall, at a minimum, set forth the aggrieved or affected person's name, address, and telephone number, indicate how the aggrieved or affected person qualifies as an aggrieved or affected person and indicate whether the aggrieved or affected person is in favor of or opposed to the requested City Commission action. The filing of notice with the office of the City Clerk shall serve as notice to the parties of the aggrieved or affected persons intent to appear at the proceeding to testify, present evidence, bring forth witnesses, and cross-examine witnesses. The required notice must be received by the office of the City Clerk at least five calendar days before the hearing.
(D) Procedures for quasi-judicial proceedings.
(1) All testimony shall be under oath.
(2) The Mayor shall call the cases on the agenda, however, the Mayor shall not be bound by the order in which the cases appear on the agenda.
(3) The Mayor will introduce the case.
(4) The Mayor shall have the option of determining the order to expedite the proceedings provided, however, that all parties shall be provided the opportunity to present their case.
(5) An attorney will present the city's case if the city determines that it is in its best interests to utilize the services of an attorney and in other cases an attorney shall not be required and a member of the administrative staff may present the case. The City Commission shall have an attorney represent and to counsel the Commission provided, however, that the City Attorney or Assistant City Attorneys shall either present the case before the Commission or act as counsel to the Commission but in no case shall the City Attorney or Assistant City Attorneys serve in both capacities.
(6) The parties may be represented by an attorney but shall not be required to retain the services of an attorney and may represent their own interests.
(7) The parties may:
(a) Call and examine witnesses;
(b) Introduce exhibits;
(c) Cross-examine opposing witnesses;
(d) Impeach witnesses; and
(e) Rebut evidence.
(8) Any other person may be sworn and testify either on behalf of or in opposition to the issues. Parties shall have the right to cross-examine any person who testifies.
(9) The City Commission shall have the authority to ask questions at any time of anyone present at the proceedings.
(10) Formal rules of evidence shall not apply but fundamental due process shall be observed and govern said proceedings.
(11) All relevant evidence shall be admitted if, in the opinion of the City Commission, it is of the type of evidence upon which reasonable and responsible persons would normally rely in the conduct of business affairs, regardless of the existence of any common law or statutory rule which might make such evidence inadmissible over objections in a trial in the courts of Florida. The City Commission may exclude irrelevant, immaterial, or unduly repetitious evidence.
(12) Hearsay evidence may be accepted for the purpose of supplementing or explaining any direct evidence, but such hearsay evidence shall not, in itself, be considered sufficient to support a finding or decision unless the evidence would be admissible over objections in civil actions.
(13) The parties shall have the opportunity to make closing arguments at the conclusion of the presentation of all the evidence.
(14) If after notice of hearing a party does not appear, the hearing may be conducted and an order entered in the absence of the party.
(15) The City Commission shall have the authority to issue any and all orders to afford the proper relief and this authority shall include the authority to grant continuances upon good cause shown.
(16) At the conclusion of the presentation of the evidence and the taking of testimony, the City Commission shall endeavor to make findings of fact and conclusions of law and/or shall direct the attorney acting as their legal advisor to prepare the necessary and appropriate written order in accordance with the purpose of the hearing and findings of the Commission.
(17) The office of the City Clerk shall retain all of the evidence and documents submitted into evidence at the hearing. The official transcript of a proceeding shall be preserved by tape recording and shall be retained by the City Clerk's office. Nothing herein shall be deemed to prohibit any party from providing a court reporter for the proceedings.
(18) The petitioner's application, minutes from public meetings at which the application was discussed by other city boards, committees, or special masters and the recommendation and/or order of the city board, committee, or special master shall be part of the agenda materials which are distributed to the City Commission. The materials are public record and are open to inspection by the parties or members of the public prior to the quasi-judicial proceeding. The above-referenced materials shall be deemed part of the record unless excluded by the City Commission following an objection from a party.
(E) Other boards, committees, and special masters. The boards, committees, and special masters of the city which conduct quasi-judicial proceedings shall either follow the procedures set forth herein or shall adopt rules of procedures to be utilized by such board or committee or special master when acting in a quasi-judicial capacity provided that such rules of procedure shall satisfy the basic due process requirements.
(Ord. 95-27, passed 12-20-94)