[R.O. 2004 § 420.280; Ord. No. 2.56 § 4, 1-9-2001]
In administering the zoning regulations,
it is crucial that the decisions are made fairly and that they also
have the appearance of fairness. The credibility of the Planning and
Zoning Commission, the Board of Zoning Adjustment, the Governing Body
and public support for zoning regulations in general will erode quickly
if there is an appearance of unfairness or impropriety in members
of these public bodies. For this reason, it is important that a code
of conduct is established and followed as closely as possible.
[R.O. 2004 § 420.290; Ord. No. 2.56 § 4, 1-9-2001]
A.
In making zoning decisions, members of
the Planning and Zoning Commission, Board of Zoning Adjustment and
the Governing Body should be acting in the best interest of the entire
community. Whenever a member of any of these bodies is acting on an
issue in which he/she also has a personal interest, an important element
of fairness is lost. In general, a conflict of interest is any situation
in which a member is in a position to act upon or influence a development
request which includes the potential for direct or indirect gain,
financial or otherwise. In order to clarify this general rule, the
following guidelines are recommended.
B.
No member shall act on or influence any
development request when:
1.
The member has a potential for direct
or indirect profit or financial gain from the development;
2.
The member owns or is employed by
any company which is an applicant, subdivider, developer or option
holder;
3.
The applicant, subdivider, developer
or option holder is an established and regular client of the member
or the member's place of employment;
4.
One (1) or more of a member's immediate
family (parent, sibling, spouse or child) has a direct financial interest
in the development or is an owner or officer of any company which
is an applicant, subdivider, developer or option holder; or
5.
The member has a potential for indirect
financial gain or loss because of related property or business holdings.
C.
Other situations not covered by these guidelines
should be left to the judgment of the member involved. Again, the
appearance of fairness and impartiality is as important as actual
fairness and impartiality.
D.
Ideally, citizens appointed to the Planning
and Zoning Commission and Board of Zoning Adjustment should not include
those who are likely to have repeated conflicts of interests. When
a conflict of interest does occur, however, the following steps should
be taken:
1.
The member should declare and the
record should show that a conflict of interest exists with respect
to a particular issue and that the member will not participate in
any discussion or action;
2.
The member should step down from
his/her regular seat and should not speak with any other members during
the discussion of the issue at hand; and
3.
The member should not represent or
speak on behalf of the applicant but may speak on his/her own behalf
as a private citizen during the hearing.
[R.O. 2004 § 420.300; Ord. No. 2.56 § 4, 1-9-2001]
A.
During any public hearing, it is presumed
that all sides will have the opportunity to hear the opposing side's
information and arguments and to offer rebuttal. This right is lost
when discussions are held or information is provided outside the public
hearing. The possibility exists that a decision could be based on
information that was never discussed publicly. To avoid this situation,
Planning and Zoning Commission and Board of Zoning Adjustment members
should not receive any information relating to a case or discuss a
case with anyone who has an interest in the outcome. Where such a
discussion or information is unavoidable, the member should declare
during the hearing, and the record should show, the general nature
and content of the discussion or information and the participants
in the discussion or the source of the information.
B.
These guidelines also apply to any personal
knowledge which is relevant to the issue. If a member has any personal
knowledge which will affect his/her decision, such information should
be made public during the hearing and should be subject to rebuttal.
[R.O. 2004 § 420.310; Ord. No. 2.56 § 4, 1-9-2001]
A.
All parties with an interest in a particular
development issue have a right to a decision based on all of the available
information. Any member who is not informed or aware of the available
information should abstain from voting on that issue. This includes
the following situations:
1.
When a member has not reviewed the
application or the information submitted with the application;
2.
When a member has missed all or part
of a public hearing and has not been able to review a transcript of
the hearing; or
3.
When a member has missed all or part
of the discussion between members prior to the vote.
B.
As a corollary to this policy, it is the
duty of each member to attend normally scheduled meetings as regularly
as possible. Without regular attendance, informed decisionmaking and
full participation in the regulatory process is unlikely. The bylaws
of the Planning and Zoning Commission establish requirements and rules
for attendance.
