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RESOLUTION NO 1401
A RESOLUTION promulgating Guide Lines for certain City Boards and
Commissions to respect in the conduct of quasi-judicial public
hearings.
WHEREAS, the Supreme Court of the State of Washington, in several instances
since 1969, has clearly indicated that quasi-judicial public hearings require the
constitutional guarantee to due process of law and that such hearings must appear
as well as be fair and impartial; and
WHEREAS, the City Council of the City of Pasco desires to assure the fair and
impartial conduct of quasi-judicial public hearings; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. That all members of the City Council, City Planning Commission,
and City Board of Adjustment, shall iespect the Appearance of Fairness Doctrine in
the conduct of all quasi-judicial public hearings.
Section 2. That prior to any quasi-judicial public hearing, each member of
the hearing body shall determine whether or not he/she should participate in the
particular hearing, using the following guidelines to identify those instances in
which the member should voluntarily withdraw from participation in the hearing
matter and leave the hearing room
(a) Pecuniary or close familial relation with the owner, real property in
interest or proponent of a proposal relating to property (generally within 300 feet)
which might reasonably realize a benefit or detriment as a result of the decision on
a particular hearing matter;
(b) A close familial relation with the proponent or expressed opponent;
(c) Expressed predisposition regarding a particular matter prior to completion
of the public hearing on said hearing matter,
(d) Private conversations with the proponent or an opponent of a particular
hearing matter prior to completion of the hearing on said hearing matter.
Section 3. That the decision rendered by the City Council, City Planning
Commission, or City Board of Adjustment, upon the conclusion of deliberations
regarding a quasi-judicial hearing, shall include or be preceded by a concise
statement of findings upon which the decision is based
Section 4. That the City Planning Commission and Board of Adjustment shall
formally modify their respective by-laws to incorporate the foregoing policies.
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PASSED by the City Council of the City of Pasco this 2 day of
February , 1981.
Ira L Schmidt, Mayor Pro Tern
Evelyn Wells, City Clerk
APPROVED AS TO FORM:
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s J. De Felice, City Attorney