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(1) Registration of Public Participants. Anyone who wishes to speak or testify at the public hearing must sign-in prior to the commencement of the public hearing on the sign-up cards or sheets available at the front door of the meeting room. Speakers shall provide their names, and indicate the topic or topics that they desire to address.
(2) Conduct of Hearing
(a) The Village President may impose reasonable limitations on evidence or testimony presented by persons and parties, such as barring repetitious, irrelevant or immaterial testimony. Each individual (other than an applicant) shall have ten minutes to present his/her testimony. The meeting or hearing shall not be governed by strict rules of evidence; however, irrelevant, immaterial, or unduly repetitious evidence shall not be admissible or taken. The Village President shall rule on all questions related to the admissibility or materiality of evidence which ruling may be overruled by a majority vote of the members of the body or board present. The Village President may impose reasonable conditions on the hearing process and grant additional time for evidence and testimony based on the following factors:
(i) The complexity of the issue;
(ii) Whether the witness possesses special expertise;
(iii) Whether the testimony reflects a matter of taste or personal opinion or concerns a disputed issue of fact;
(iv) The degree to which the witness's testimony relates to the factors to be considered relating to the subject matter of the public hearing; and
(v) Such other factors as are appropriate for the hearing.
(b) The Village President may take such actions as are required to maintain an orderly and civil hearing. Discourtesy or disorderly conduct shall be deemed a breach of order, and such misconduct shall be dealt with as appropriate, including but not limited to expulsion from the hearing. All persons presenting evidence or testimony, or who are otherwise participating in the hearing shall first be recognized by the Village President prior to proceeding, and shall either direct their remarks to the Village President, the Village Board or direct their questions to a witness, as the case may be, and shall refrain from engaging in colloquy or debate with members of the audience. Likewise, all members of the audience not engaged in presenting testimony or evidence or otherwise recognized by the Village President to speak shall refrain from colloquy, debate or exclamation until such time as they may be so engaged or recognized.
(c) All persons offering testimony at a public hearing shall testify under oath. People participating shall identify themselves for the record, giving their name and address, either orally or in writing, and indicate if an attorney represents them.
(d) The order of presentation of evidence at a public hearing or meeting shall generally be as follows, but may be modified as determined appropriate by the Village President:
(i) Identification of applicant, where applicable.
(ii) Statement of the Village President or designee regarding the nature of the public hearing and the statutory or ordinance provisions providing for the conduct of such hearing.
(iii) Submittal of proof of notice as required by any applicable law or ordinance.
(iv) Introduction of application by village staff, where applicable.
(v) Presentation of evidence and testimony by applicant, where applicable.
(vi) Review of subject matter of public hearing and comment by village staff or consultants.
(vii) Questions regarding subject matter of public hearing by village elected or appointed officials.
(viii) Questions and comments regarding application or subject matter of public hearing by members of public.
(ix) Presentation of testimony and evidence by others relating to the application.
(x) Questions by village elected or appointed officials or applicant regarding testimony and evidence by others.
(xi) Applicant response to questions and comments, where applicable.
(xii) In some cases, re-examination may be allowed by the Village President, however re-examination shall be limited to the scope of matters raised on cross-examination.
(xiii) At any point in the proceedings, the Village President or other village elected or appointed officials may call upon witnesses who have not previously testified, such as village staff and village consultants. The elected or appointed officials, staff and consultants of the village may ask questions at any time during the hearing or meeting.
(e) At the conclusion of an evidentiary portion of a public hearing, the Village President or body present may move to close the public hearing, move to deliberate on the evidence presented, or move to continue the hearing to a date, time and location certain.
(Ord. 14-1129, passed 7-14-14; Am. Ord. 14-1136, passed 9-17-14)