§ 101-69. Public hearings and participation.

(a)

In accordance with law and policy, the board frequently conducts public hearings on a number of matters and issues. These public hearing rules are intended to ensure that the public has the opportunity to fairly participate in the meeting while promoting the orderly, efficient, and effective flow of the meeting.

(b)

Rules for conducting public hearings are as follows:

(1)

The chair shall announce that the public hearing on a matter is now open and should call forth those persons who wish to speak in favor, against, or otherwise on the particular issue. The chair shall inform the public that all comments by proponents, opponents, or the public shall be made from the podium and that any individual making a comment should first give their name and address. The chair shall also inform the public that comments will only be received from the podium.

(2)

Members of the public who wish to speak should complete a speaker's card and should hand it to a representative of the clerk's office. Members of the public are expected to adhere to the rules of decorum outlined herein and should be informed of such at the beginning of the public hearing by the chair. There should be no vocal, boisterous, or other disruptive demonstrations which will disrupt the orderly flow of the meeting. Any persons engaging in this type of behavior shall be ruled out of order by the chair and shall, at the chair's discretion, be removed from the assembly hall.

(3)

Time. At hearings on proposed rezonings, use permit, modification and/or concurrent variance petitions, as well as amendments to the text of the Fulton County Zoning Resolution (hereinafter "land-use petitions"), proponents and opponents are allowed ten minutes per side to present data, evidence and opinions. Each side's time period may be divided among multiple speakers in whatever manner desired. In the event a public hearing is conducted and final action on a land-use petition is deferred by the board of commissioners, a second public hearing (conducted under the same rules as set forth above) will be allowed when the petition is again considered by the board of commissioners following the deferral. No land-use petition shall be the subject of more than two public hearings before the board of commissioners, regardless of the number of times final action is deferred by the board of commissioners, unless four or more members of the board of commissioners vote to conduct such additional public hearing(s).

(4)

Once the public hearing has concluded, the chair shall so announce, and the board shall convene into open executive session to make its decisions.

(5)

As a general rule, members of the public do not speak on agenda items unless those items have been advertised for public hearing, have been placed in the public hearing segment of the agenda or unless the board, by four affirmative votes, has decided that public participation is necessary in its deliberative process. The board shall follow its public hearing rules when such participation is warranted.

(93-RC-701, Rule 9, 1-5-94; Res. No. 00-0570, 4-19-00)