HomeMy WebLinkAbout2688 Resolution RESOLUTION NO. 2688
A RESOLUTION ESTABLISHING A POLICY FOR FAIRNESS
DECLARATIONS AT QUASI-JUDICIAL HEARINGS.
WHEREAS, Washington law requires application of the Appearance of
Fairness Doctrine to local decision making bodies when acting in a quasi-
judicial capacity; and
WHEREAS, a cogent policy is deemed appropriate to assure the
consistent implementation of the fairness doctrine in required hearings,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO RESOLVE AS FOLLOWS:
Section 1. That quasi-judicial hearings should be conducted in a
manner which promotes the appearance as well as substance of fairness. To
reflect that value:
• The officer presiding over the quasi-judicial hearing should open such
hearing with an invitation for members of the hearing body to disclose
any conflict of interest or any ex parte communication (communication
with proponents or opponents of the hearing subject, prior to the
hearing);
• Members of the hearing body should declare any conflict of interest with
a brief explanation thereof;
• Members of the hearing body should declare any ex parte
communications, briefly describing the nature and extent thereof;
• Members of the audience as well as the hearing body should be given the
opportunity to object to participation in the hearing by an affected
member of the hearing body (one who has identified a conflict of interest
or ex parte communication);
• If any objections are registered, the hearing body should determine
whether the affected member of the hearing body should be disqualified
from participation in the subject hearing.
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Section 2. This policy shall apply to the City Council, City Planning
Commission and hearing examiner hearings of a quasi-judicial nature (rezones,
subdivisions, special permits, variances, etc.).
PASSED by the City Council of the City of Pasco this 19th day of August
2002.
Michael L. kahmson, Mayor
ATTEST: APPROVED AS TO FORM:
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ebster U. Jackso ; City Clerk Leland B. Kerr, City Attorney