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The mission of the City of Des Plaines is to continually enhance the quality of life enjoyed by the citizens and businesses of the community through the development and delivery of reliable and efficient services.

 

 

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Rules of Procedures for Public Hearings (Klaeren)

Section 1 Open Meetings Act

All hearings shall be subject to the Illinois Open Meetings Act.

Section 2 Registration of Public Participants

Anyone who wishes to testify in a public hearing must sign-in at the public hearing. There will be one sign-up sheet available:

  • Those wishing to testify in favor of the proposal. Each individual shall have five minutes to present his/her testimony.
  • Those wishing to testify in opposition of the proposal. Each individual shall have five minutes to present his/her testimony.
  • Those wishing to testify neither in favor or opposition to the proposal. Each individual shall have five minutes to present his/her testimony.
  • If a person is unable to complete his/her testimony in five minutes, he/she may submit testimony in written form or, if time allows and at the discretion of the Chairperson, may present it orally (in five minute increments) after others have had an opportunity to testify.

    Those property owners within the 250 foot notice area and those persons with a special interest beyond that of the general public ("Interested Parties") wishing to cross-examine witnesses must complete and file an appearance with the City Clerk not later than 5:00 p.m. on the business day preceding the public hearing.

    Section 3 Limitations on Evidence or Testimony

    The Chairperson may impose reasonable limitations on evidence or testimony presented by persons and parties, such as additional time limits and barring repetitious, irrelevant or immaterial testimony. The Commission shall not be bound by strict rules of evidence; however, irrelevant, immaterial, or unduly repetitious evidence shall not be admissible. The Chairperson shall rule on all questions related to the admissibility or materiality of evidence which ruling may be overruled by a majority of the Commission members present. The Chairperson may impose reasonable conditions on the hearing process based on the following factors:

  • The complexity of the issue;
  • Whether the witness possesses special expertise;
  • Whether the testimony reflects a matter of taste or personal opinion or concerns a disputed issue of fact;
  • The degree to which the witness’s testimony relates to the factors to be considered in approving or denying the proposal; and
  • Such other factors appropriate for the hearing.
  • Section 4 Pre-hearing Consultation

    The Chairperson and the Commission may conduct a pre-hearing consultation (lasting approximately the first fifteen minutes of the public hearing) with the applicant, interested parties, and all other in attendance, to discuss the conduct of the hearing and to determine the length of the proceedings.

    Section 5 Hearing Conduct

    The Chairperson may take such actions as are required to maintain an orderly and civil hearing. Discourtesy or disorderly conduct shall be deemed a breach of order, and such misconduct shall be dealt with as appropriate.

    Section 6 Proof of Notice

    Proof of lawful notice shall be introduced into evidence before a public body.

    Section 7 Record of Proceedings

    A record of proceedings shall be made as directed by the public body.

    Section 8 Applicant Appearance

    At a public hearing, an applicant may appear on his or her own behalf or may be represented by an attorney.

    Section 9 City Participation

    The City shall be a party in every proceeding, and need not appear.

    Section 10 Testimony under Oath

    All persons offering testimony at a hearing shall testify under oath. An attorney shall be sworn if he or she offers testimony but not if he or she is questioning witnesses, summarizing testimony of witnesses, or addressing the Commission.

    Section 11 Testimony by Others

    In addition to the applicant, any person may appear and present testimony at the hearing.

    Section 12 Identification of Participants

    People participating shall identify themselves for the record, giving their name and address, either orally or in writing, and indicate if an attorney represents them.

    Section 13 Questioner Limitation

    The examination of a witness shall not be used by the questioner to offer testimony or evidence of the questioner.

    Section 14 Order of Presentation

    The order of presentation of evidence at a public hearing shall generally be as follows, but may be modified as determined appropriate by the Chairperson:

  • Identification of applicant.

  • Statement of the Chairman or designee regarding the nature of the case, relief sought, and submittal of proof of notice.

  • Testimony and other evidence by the applicant.

  • Commissioner’s examination of applicant’s witnesses and other evidence.

  • Cross-examination of applicant’s witnesses and other evidence by interested persons who have filed a timely appearance with the City Clerk.

  • Testimony and other evidence by others in favor of the application.

  • Testimony and other evidence by objectors, if any.

  • Commissioner’s examination of objectors’ witnesses and other evidence.

  • Cross-examination of objectors’ witnesses and other evidence by the applicant.

  • In some cases re-examination may be allowed.

  • Testimony and other evidence by persons who are neither in favor nor opposed to the application.

  • Report by staff, if any.

  • Summary/Closing by applicant.

  • Summary/Closing by objectors.
  • Rebuttal/Closing by applicant.
  • Rebuttal/Closing by objectors.
  • At any point in the proceedings, the Commissioners may call upon witnesses who have not previously testified, such as City staff and City consultants. The Commissioners or staff may ask questions at any time during the hearing.

    Section 15 Commissioner Deliberations

    At the conclusion of an evidentiary portion of the public hearing, the Commission may, among other actions, move to deliberate on the evidence presented, or continue the hearing to a date time and location certain.

    Section 16 Commission Recommendations

    A written decision shall be prepared which shall include finding of fact and the Commissioner’s recommendation or decision based upon the record.

     

     


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    Events Calendar
    9/7/10 City Council Meeting
    9/8/10 Economic Development Commission -CANCELLED-
    9/13/10 Plan Commission
    9/14/10 Historical Society Board
    News Headlines
    Current Summer Safety Tips
    Current Des Plaines River Road Reconstruction Started June 21, 2010
    9/3/10 Save Green While Going Green Presentation
    9/3/10 9-11 Patriot Day Ceremony Planned
    8/25/10 Community Foundation Supports "Central Cares" Backpack Drive

    More...

    Labor Day
    Residential garbage and recycling collection will be delayed by one day next week. Monday pick-ups will be completed on Tuesday, and so on. Related concerns can be directed to Arc Disposal at 847- 981-0091. 
    Independence Day Celebration
    The Independence Day weekend was an event to remember in Des Plaines.
    Click here to read more about the July 4th celebration.
    Casino Groundbreaking
    For the $445 million casino and entertainment complex at Des Plaines River Road and Devon Avenue in Des Plaines.
    Click here to read more about the groundbreaking.