§ 4. Hearings  

Latest version.
  • A. Hearings. The Board shall conduct regularly scheduled hearings on two Monday's each month (unless a Monday is a recognized holiday by the City, then the hearing will be held on the following Monday) at 3:00 p.m. in the in the J. Martin Griesel Conference Room, Centennial Plaza Two, 805 Central Avenue, Seventh Floor, Cincinnati, Ohio 45202. If no official matters are scheduled for a particular hearing date, then the Board is not required to meet. All hearings of the Board shall be open to the public except as provided by Ohio law. The Board may adjourn to discuss and deliberate about all quasi-judicial matters; provided, however, the final vote on the outcome of all matters shall be taken in open session, recorded by the Secretary, and included in the final written decision of the Board.

    B. Special Hearing. The Board may conduct a special hearing at a time and place other than the regularly scheduled hearing in the Chair's discretion and upon twenty-four (24) hours prior notice to the public.

    C. Agenda. The Secretary shall prepare an agenda showing items for consideration at each regularly scheduled meeting of the Board. The Secretary shall distribute the agenda and all materials pertinent to the agenda items to the Board at least five (5) business days prior to the regularly scheduled meeting. No item which is not contained on the agenda shall be considered by the Board unless a majority of the Board members present at the meeting vote to consider the item by leave.

    D. Quorum. A quorum for any hearing or any undertaking of official business of the Board shall consist of a majority of the Board members. In the event of a vacancy on the Board, quorum shall be based on the number of then seated Board members. The Secretary shall make a reasonable effort to notify the applicant and any other known interested parties of a failure to obtain a quorum in advance of the hearing. Failure to obtain a quorum shall have the effect of postponing the hearing until the next regularly scheduled hearing of the Board, unless the Chair convenes a special hearing prior to the next regularly scheduled hearing.

    E. Attendance. Regular attendance by Board members is required as a condition of the Board member's acceptance of their appointment to the Board. Any Board member who is unable to attend a hearing of the Board shall notify the Secretary by telephone or e-mail at least one business day in advance of the hearing. If a Board member has more than four absences during a calendar year, the absences shall constitute cause for removal by the City Manager.

    F. Voting.

    1. Personal Interest. No Board member shall take any official action, including participating in and voting upon, any matter in which the Board member, or a member of his or her immediate family, or an organization, with which the Board member is associated, has a substantial financial interest. No member shall use his or her position in a way that produces or assists in the production of a substantial benefit, direct or indirect, for the Board member, or a member of his or her immediate family, or an organization with which the Board member is associated. Any issue of financial interest shall be brought to the attention of the Chair prior to the hearing on the application in question. In the event a Board member has an issue of a possible conflict, the Chair shall be asked to make a determination. The Chair is encouraged to consult the City Solicitor on any issue of a possible conflict. If the Chair has an issue of a possible conflict, it shall be referred to the Vice-Chair. If a Board member has a conflict of interest and must recuse him or herself, then that Board member shall notify the Chair by e-mail at least twenty-four (24) hours in advance of the meeting. In the event of a conflict of interest, the member who has the conflict of interest shall remove himself or herself from the meeting room during that portion of the meeting involving the item from which that member is conflicted. Board members are public officials and are bound by certain provisions of the Ohio Revised Code; including, but not limited to, Sections 102.03, 102.04, and 2921.42 of the Ohio Revised Code.

    2. Roll Call Vote. All votes of the Board shall be taken by a roll call vote with the Chair's name called last. Straw poll votes of the Board shall be permitted at the discretion of the Chair.

    3. Record of Vote. The Secretary shall record the vote of each Board member on every question, or, indicate that the member is absent or fails to vote. The record of the vote will be included in the written decision of the Board.

    4. Voting Members. All members of the Board shall be voting members. Any member of the Board other than the Chair may make a motion or second a motion.

    5. Tie Vote. In the event of a tie vote on a motion, the motion shall be deemed to have failed.