Agenda Packets - 1988/05/16 - Laserfiche WebLink

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The record It is absolutely crucial that the court have available a verbatim transcript of the entire hearing. Obviously, unless a clear and complete record is available, the court will not be able to make a review based solely on the record. This doesn't necessarily mean that cities will need to have a court reporter present at every hearing. It does mean, though, that 9 ynu don't use t cote[ reporter, it will be absolutely necessary to tape record the hearing. Cities should take every precaution to make sure that the recording quality is good, and that the microphones wll pick up everyone who testifies —even it the person offering testimony has a very soft voice. Another good possibility is to video. tape the hearing. A number of cities are already set up for cXe broadcast of thew council meetings and proceed- ings. Ever 9 the hearing itself is not to be broadcast over the cable system, the city could easily use the cameras and equipment already in plar, *.o tape the proceeding. The mayor, chairman, hearing exam* iner, or whoever is conducting the hearing should also make sure that all people testifying clearly identifies themselves each time they begin speaking. ![witnesses offer any kind of opinion or judgement, it will also be a good idea to ask them to describe their background, and to explain why they feel they are qualified to make that sort of judgment. Every document, photograph, graph, exhibit, or display that anyone presents should also become part of the p r a- nent record of the proceeding. Each such item should be dearly labeled. It is also possible, especially when a decision is likely to be controversial, that applicants or other citizens will contact members of the council or pUntting tortunission outside of the for- mat hearing to present additional argu- ments er informal on. If a member is contacted individually, he/she should makes notes of the substance of the communication and make those notes All snowplows are no! created equal! And in Ilia business • , of snowplowing, second best ¢. t won't do. Fisher plows past the compellt;on with features like our exclusive trip edge, customized mountings and G your choice of electric — or belt -driven hydraulics. 'Ind out today why we say, nothing stacks up to a Fished P.O. Box "T" z, Highway East CAYSIAM Lake Crystal, MN 56055 Ivc. (507)726.6041 1.600.722-0588 SNOWPLOWS — 32 also part of the formal record. If he/ she receives letters or petitions on the issue, those documents themselves can be part of the focal record. If there is a court challenge of the decision, this will help assure that the record before the court contains all of the information the city received. Of course, in deciding whether or not to use a hearng examiner (or whether or not W tape record the proceedings) the city will want to weigh the expense and effort involved against the factors like how controversial is the decision likely to be, how extensive and complicated are the facts involved, how likely is a court challenge of L.e city's decision, how much of a problem would it be it the courts reversed the city's decision, and so on. The decision The third crucial element that the Court emphasized is the decision that the city makes. It is not enough just to have a dear record of a fait hearing. It must also be dear that the city's VERNON FORD RES.: 612-753.3S23 FORD TANK & PAINTING CO. INC. 21719 CEDAR DRIVE CEDAR, MN 55011 OVER 40 YEARS EXPERIENCE STEEL ERECTION • SANDBLASTING AND PAINTING CONTRACT WELDING - GENERAL MAINTENANCE FREEZE -UPS -EMERGENCY SERVICE -FROST JACKETS Street Light Standards Painting — silver bright aluminum TM FOR $250.00 Don Rush Box 233 Pllager, MN 56473 6121632.3564 Minnesota Cities 1-1 11 r