Okaloosa County BOCC — September 16, 2014 — Uniform Procedures for Quasi-Judicial Proceedings — reading text

EXHIBIT “A” UNIFORM PROCEDURES FOR QUASI-JUDICIAL PROCEEDINGS The following procedures shall be applicable to all quasi-judicial proceedings heard by any Board, Council or Commission of Okaloosa County. A “quasi-judicial” proceeding is one in which there is an application of rules, statutes, policies, procedures or regulations to a specific applicant, person or property. To the extent that there is any uncertainty as to whether a procedure constitutes a quasi-judicial proceeding, then the matter should be addressed to the County Attorney. In all quasi-judicial proceedings: 1. The matter before the respective Board, Council or Commission (the “Decision Makers”) shall be announced. 2. All persons who will present testimony or evidence to the Decision Makers shall be sworn prior to their testimony or presentation of evidence. The oath may be administered by the Chairman, the County Attorney or any notary public. 3. Any expert witness shall submit a resume establishing his or her qualifications as part of the record. Staff that will be providing expert testimony may file their resume with the respective Board, Council or Commission and such resume shall be deemed to be part of the record and have continuing application to all matters that they provide testimony and evidence. 4. EX PARTE COMMUNICATION: A. Each Decision Maker shall be requested to identify any and all contact that they may have had related to the subject matter of the quasi-judicial proceeding and they shall disclose any verbal or written communication that they have received related to the subject matter of the quasi-judicial proceeding regardless if such communication came from the applicant, staff or any other person. B. Additionally, any Decision Maker that has conducted an investigation, site visit or received expert opinion related to the subject matter of the quasi-judicial proceeding shall disclose the nature of the investigation, site visit or expert opinion received. C. The disclosure of such verbal or written communication, or that a Decision Maker has conducted an investigation, site visit or received expert opinion related to the subject matter of the quasi-judicial proceeding shall mean that such verbal and written communication and site visit, investigation or expert opinion shall be presumed to not be prejudicial. 1  D. Any written communication or expert opinion which has been received by a Decision Maker outside of the proceeding shall be made part of the record. 5. Staff and the Applicant (or its representative) shall be considered the parties to the proceedings and may be cross examined by the other party. Individuals who provide testimony or evidence but are not part of staff or representing the Applicant shall not be considered parties to the proceeding and may not cross examine any other witnesses. However, they may be questioned by the parties to the proceeding. 6. The Decision Makers may question any person who provides testimony or evidence before the Board, Council or Commission. 2