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HomeMy WebLinkAboutRESOLUTIONS - 01231996 - 96-35 SD. 3 THE BOARD OR SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on January 23, 1996, by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson, Smith NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 96/35 SUBJECT: ADMMISTRATIVE AND PROCEDURAL RULES OF THE BOARD OF SUPERVISORS RULE 1: RULES OF PROCEDURE A. The order of procedure for hearings before the Board is: 1. The chairperson calls the agenda item by subject or title.For appeal hearings,the chairperson announces the scope of hearing. 2. Any supervisor voluntarily or involuntarily disqualified from making or participating in the making of the decision announces the disqualification. 3. The staff report,if any,is given,including any recommended environmental action and,if appropriate, recommended conditions of approval. 4. The chairperson acknowledges receipt of any documents offered as evidence and filed with the clerk of the Board prior to the hearing. 5. Public testimony is received from persons seeking approval or a recommendation for approval of the matter before the Board.The applicant or proponent,if any,may speak first upon request.In cases of appeal the appellant(s)shall speak first. 6. Public testimony is received from any persons opposed to the matter before the Board. 7. Summation is made by the applicant,proponent or appellant,at the discretion of the chairperson and usually limited to five minutes. 8. Rebuttal and surrebuttal are allowed at the discretion of the chairperson and are limited to matters already raised by prior evidence and testimony. 9.The chairperson closes the public testimony phase of hearing. 10.Staff clarifies or modifies its recommendation,as appropriate. 11. The Board determines whether to decide the matter,decide the matter subject to preparation of appropriate findings,or continue the matter,in which case paragraphs 12 and 13 below,shall not apply. 12. Any required environmental determination is made,including findings. 13. A motion for disposition is made;discussion by the board on the motion is held at the discretion of the chairperson;the chairperson restates the motion;and the Board takes action,including findings. 14. The chairperson announces the action of the Board. -Admin. $ Procedural Rules January 23, 1996 B. The chairperson may alter the foregoing order of procedure as circumstances require. C. At the discretion of the chairperson a supervisor may ask a question of any person at any time during a hearing. D. For issues which come before the Board which are not formal hearings,the chairperson will entertain public comments and comments from supervisors generally as noted above.The chairperson may truncate the procedures as circumstances require in order to maintain the agenda. RULE 2: DOCUMENTARY AND PHYSICAL EVIDENCE PRODUCED BY THE PUBLIC Letters,petitions and written,printed or photographic materials and other physical evidence produced by the public and intended to be used as evidence before the Board shall be filed with the clerk of the Board prior to the time of the hearing,or presented to the Board at the hearing.The clerk shall cause each piece of such evidence received by the Board to be adequately identified in the minutes of the hearing and shall include such evidence in the clerk's file of the matter under consideration by the Board.Documents or things offered as evidence,but not admitted by the Board shall be returned by the clerk to the offering person,if known,unless not feasible to do so. This rule does not apply to technical and other documents kept as public records by any county department,officer or employee in the ordinary conduct of county business. Such documents may be included in the record by reference. RULE 3: TESTIMONY Any person desiring to address the Board shall,when recognized by the chairperson,step to the rostrum,give his or her name and make a presentation in an audible voice. RULE 4: VOTING A. Voice Vote-the board shall act by voice vote on matters before it.The roll need not be called in voting unless requested by a supervisor. B.Abstentions. An abstention from voting on the merits of any matter shall be announced audibly.The supervisor shall state the reason for the abstention.Any supervisor who so abstains shall be recorded as voting"abstain". C. Tie Vote-Regardless of how a motion is stated,a tie vote on a motion affecting the merits of any matter shall be deemed to be a denial of approval of the matter. D. Motion to Reconsider-A final vote on any matter before the Board may be reconsidered not later than adjournment of the next regular meeting. A motion to reconsider a final vote may be made only by a supervisor who voted"yes"in the final vote proposed for reconsideration.If any person who addressed the Board on the matter is no longer present and the Board approves a motion to reconsider,the matter may be continued to another meeting. Notice of the reconsideration and the time and place thereof shall be given in the same manner as any notice for the matter was originally given. RULE 5: ABSENCE FROM HEARING A supervisor who was absent from all or part of a hearing may vote on the matter heard if the supervisor states he or she has reviewed all evidence received during the absence and has also listened to the clerk's recording or read a true and complete transcript of the proceedings that occurred during the absence. RULE 6: ACTION A. All actions of the Board on the merits of any matter before it shall be taken by ordinance,resolution,or minute order. B.The chairperson may give procedural directions to accommodate conduct of the business before the Board. RESOLUTION NO. 96/35 2 - :-Admin. & Procedural Rules - January 23, 1996 RULE 7: ADMINISTRATION OF RULES A. Suspension-except as limited by law,the Board may temporarily suspend the operation of all or part of these rules to facilitate the conduct of the Board's business. B. Supplements-The Board may establish procedures and forms to supplement these rules. C. Amendment-The Board may from time to time amend these rules by resolution. D. Publication-The clerk of the Board shall make these rules and any amendments to them available for public inspection at the clerk's office and shall distribute copies upon request and payment of any copying charge. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE SHOWN . ATTESTED January 23 , 1996 Phil Batchelor, Clerk of the Board of Supervisors and County Administrator By 1 Deputy 1 cc : Board Members County Administrator County Counsel RESOLUTION NO. 96/36 3 -