2021-08-25 EMC minutes - Laserfiche WebLink

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So what is the burden of proof? Basically, it is the preponderance of evidence, and if you thought about it in terms of numbers it would be at least 51 percent, or something that’s more likely true than not true. That’s what they have to show to you. If you looked at all the facts put before you and you thought, that’s probably true, then that would be preponderance of evidence, and they have met their burden, and you would have to vote for the Appellant. But if you felt that, “hm, I’m still unsureand I don’t think that is actually true,” or if you feel that the person has not presented enough evidence to show that, then you would have to rule for the other party in the case. On the decision, the Board shall make the decision after the parties have completed making their case. Then the Board (meaning the Commission) would conduct deliberations in open session. You would have to have a motion first, and then you would deliberate. And then make sure that the decision that you make has been grounded in the evidence that has been presented, and in the applicable rules, so that it is not deemed to be arbitrary. Decisions and orders must be written. You will need to have a findings of fact, conclusions of law, and a decision order, for which usually the Office of the Corporation Counsel assists. We just need the Commission’s help with what you want your findings to be. If we have a decision made, the Commission could ask the winning party to present a proposed findings of fact, conclusions of law, and decision and order, which they could adopt if they so choose. Sometimes that’s the quicker way, but it’s up to the Commission’s discretion on how they would like that done. Something we would like to stress is the importance of a clear record in the sense that all of your decisions will become then final decisions that are appealable to the Circuit Court. So you want it to be very clear to the Court that you made your decision based on the facts and evidence presented at the hearing, and that you can make it very clear for them that they can follow the train of thought. If the Court looks at something and goes, I don’t even know how they got here, and the start doesn’t match the end result, then that’s usually when courts will kick it back and say, no, go back, this is not supported by substantial evidence, and therefore it can be found arbitrary and capricious, and you need to re-look at the evidence, or even they might say, you need to reverse your decision, whatever they see fit, which happens at other boards and commissions. This is just a reminder to keep things clear, ask the questions that you want answered. And that way we can line it all up to be a very clear and concise findings of fact, conclusions of law, and decision and order. Counsel Hall asked if anybody had any questions. Commissioner Robinson asked whether these hearings can still be conducted virtually, and whether they can be done in one sitting. Counsel said that as long as we have the emergency declaration we are allowed to have virtual meetings, and beginning Jan. 1, 2022, the new state law will be in effect that allows us to do virtual meetings. So yes, we will be allowed to do them virtually. As to the second question, if it 19