APPENDIX I
A. General:
1. Statutory Authorization For Rules: The open meetings act 1 provides that, effective January 1, 2011, any person shall be permitted an opportunity to address the historic commission (the "commission") under rules established by the commission. The portions of these rules relating to public participation are promulgated pursuant thereto.
2. Right To Speak: All persons wishing to address the commission may do so subject to compliance with these rules, unless compliance is waived by the commission.
3. Public Participation; Applicability Of Rules:
a. Meetings At Which Public Participation Applies: The right of the public to address the commission and these rules shall apply at the following meetings:
(1) Regular meetings of the commission that are open to the public; and
(2) Special meetings of the commission that are open to the public if the agenda provides for public comment.
b. Meetings At Which Public Participation Does Not Apply: The public shall have no right to address the commission at the following meetings:
(1) Those meetings or portions of meetings of the commission (whether regular or special meetings) that are closed to the public in accordance with the open meetings act; and
(2) Special meetings of the commission that are open to the public if the agenda does not provide for public comment.
B. Procedures:
1. Compliance: It shall be a violation of these rules for any person to address or attempt to address any meeting of the commission except in compliance with limitations and restrictions imposed in these rules. Public participation shall be permitted at commission meetings as follows:
a. Under public comment if such an item appears on the agenda.
b. At the time of the commission's discussion of any item that appears on the agenda at a time designated for such comment by the chairperson.
c. At the time designated or requested by the chairperson for invited speakers.
2. Limitations: The chairperson of the commission may impose reasonable limitations on public participation at the commission meetings to allow for consideration of the entire agenda, and to assure that all who wish to speak have an opportunity to do so and are treated with respect. Unless extended for a time certain by the chairperson or a majority vote of the commission, the following limitations shall apply, and the chairperson reserves the right to halt or suspend the public participation to a later date if the rules are not being followed:
a. In general, all speakers shall be limited to no more than three (3) minutes.
b. The chairperson may bar repetitious, irrelevant, immaterial, or inappropriate comments or testimony.
c. Persons wishing to speak during any portion of a commission meeting shall sign in before the start of the meeting stating their name and the topic to be discussed. These rules shall be posted at the speaker sign-in table.
d. Speakers shall be called by name before addressing the commission and will identify themselves before beginning their comments. Speakers will state their position on the issue, and may provide supporting documentation and/or evidence.
e. Speakers shall refrain from engaging in debates and from directing threats or personal attacks at the commission, staff, other speakers or members of the audience.
f. Groups should, whenever possible, consolidate their comments and avoid repetition through the use of representative speakers.
g. Members of the audience shall refrain from applauding, cheering, booing or the like during or at the conclusion of remarks made by any speaker, staff member or commission member.
C. Agenda Participation: Public participation related to agenda items will be in the following order:
1. The petitioner for an agenda item, if any, is the person or entity with a financial or ownership interest in the matter or property that is the subject of an item on the commission's agenda. The petitioner may present its petition for no more than ten (10) minutes, unless extended for a time certain by the chairperson or a majority vote of the commission. Following public participation, the petitioner will have no more than five (5) additional minutes to reply to the comments made or questions asked.
2. Speakers may comment on any agenda item or may present questions to the commission provided they comply with the limitations established in subsections B2a through B2g of this section.
3. The public participation portion of the agenda item shall be subject to a total limitation of thirty (30) minutes, unless extended for a time certain by the chairperson or a majority vote of the commission.
4. If an item on the commission's agenda is tabled after public participation has occurred, and the same item contains no significant changes when discussed at the subsequent meeting date, there will be no public participation portion for such agenda item at such subsequent meeting.
5. Commission members may, but need not, ask questions of speakers at the conclusion of their comments.
6. Following the presentation by the petitioner, if any, public participation, and any questions from the commission, the commission may deliberate as to any action to be taken. No additional comment may be made by the public or the petitioner except upon the express request or permission of a majority of the members of the commission.
D. Invited Speakers: Any person may address the commission by invitation of the chairperson or a majority of the members of the commission who are present. Speakers invited to participate shall be subject to such limitations as the chairperson or a majority of the commission shall prescribe. In the absence of other restrictions, such speakers shall be governed by the same rules which govern public participation generally.
E. Public Hearings:
1. Testimony:
a. All interested parties may appear for themselves or be represented by a person of their choosing. Written statements will be accepted prior to or at the hearing and will be entered in the public hearing record.
b. All witnesses to material facts shall testify under oath to be administered by the chairperson. Persons desiring to ask questions only shall not be required to be sworn.
c. The chairperson may limit testimony to a specific amount of time in order to hear all persons desiring to testify.
d. The commission is not bound by the strict rules of evidence, but the chairperson may exclude irrelevant, immaterial, incompetent or unduly repetitious testimony or evidence.
e. Formal cross examination of any witness giving testimony before the commission, including the petitioner, shall be allowed but shall be subject to the rulings of the chairperson as to relevance, materiality and proper form of questioning. Informal questioning of any witness giving testimony shall be allowed so long as good order and respect for the witness can be maintained.
f. The limitations applicable to public participation at commission meetings other than public hearings, as established in subsections B2a through B2g of this section, shall generally apply to public hearings.
2. Order Of Business: The order of business for public hearings shall be as follows:
a. Call to order and roll call.
b. The chairperson will open the public hearing for a particular matter, giving a brief summary of the petition.
c. The chairperson will present a brief explanation of the order of business for the public hearing and the rules governing public participation in the hearing.
d. The chairperson will swear in those wishing to give testimony.
e. The applicant will present its petition, including its application and any exhibits on which its presentation will rely. All exhibits will be marked and identified or titled by the secretary and numbered as appropriate.
f. The public may ask questions of the petitioner.
g. The public may offer testimony in favor of the petition or portions thereof.
h. The public may offer testimony objecting to the petition or portions thereof.
i. The petitioner may offer a short rebuttal to the public comments.
j. The commission may ask questions of the petitioner or members of the public, and may make comments concerning the petition.
k. The hearing will be closed or continued by approval of a motion of the commission. Continuances should generally only occur if there was a procedural error or if new or additional testimony is forthcoming.
l. The board may take a vote concerning a decision as to the petition. (Ord. 15-01, 1-20-2015)
Notes
| 1 | 1. 5 ILCS 120/2.06(g). |