05/30/2001 Env Bd Packet - Laserfiche WebLink

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Saginaw Broadcasting Co. v. FCC, 96 F.2d 554 (D.C. Cir.), cert. denied, 305 U.S. 613 (1938). CHAPTER 7 Parts of the record When the city council or other governing body holds a hearing. the record usually consists of two separate parts: the transcript, which preserves testimony, and the final order or determination. Following is a sample final order outline for a special use permit. The elements of the order reflect the steps taken by a hearing body in arriving at a decision. • A caption or title, such as, "In the matter of Ms. X's application for a special use permit"; • A preamble that summarizes the council's actions at the hearing and states the purpose of the application; • Findings of fact (individually numbered); • Conclusions or reasons; • A decision; • An opinion if any; and, • A copy of the transcript, tape recording or, at a minimum, detailed minutes that include all objections and rulings on them (if any). The federal courts have suggested that a hearing body adhere to the following sequence in arriving at a decision: • Council takes and weighs the accuracy and credibility of evidence; • After careful consideration of this evidence, the body makes a determination of facts that are of a basic or underlying nature; • From the basic facts, the body makes findings or conclusions often in the language of the statute or ordinance; and, • From this fmding, the council makes a decision following the statutory criterion. When a council prepares precise findings of relevant facts, a well- reasoned decision results. When a council can demonstrate its conclusions are consistent with all of the facts in the record, its decision is likely to be _upheld if judicially. challenged. The record should_also demonstrate compliance with all constitutional requirements, as well as with all statutory and ordinance procedural requirements. (Often, due process deficiencies, such as lack of notice, provide grounds for appeal). 163