(A) The Chairperson shall, prior to the beginning of every public hearing, call for declarations of conflict of interest, bias, and ex-parte contact by the Planning Commissioners. Commissioners shall declare all actual and potential conflicts of interest with sufficient details to allow the Planning Commissioners and public to determine a member’s ability to participate in a public hearing. All declarations, including actual and potential conflicts of interest, shall be recorded in the official minutes of the meeting. POTENTIAL AND ACTUAL CONFLICTS OF INTEREST are defined in detail in ORS Chapter 244, but are generally defined as follows.
(1) ACTUAL CONFLICT OF INTEREST. Any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which would be to the private pecuniary benefit or detriment of the person or the person’s relative or any business with which the person or a relative of the person is associated unless the pecuniary benefit or detriment arises out of the following:
(a) An interest or membership in a particular business, industry, occupation, or other class required by law as a prerequisite to the holding by the person of the office or position;
(b) Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of the state or a smaller class consisting of an industry, occupation, or other group including one of which or in which the person, or the person’s relative or business with which the person or the person’s relative is associated is a member or is engaged; and
(c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under I.R.C. § 501(c) being 26 U.S.C. § 501(c).
(2) POTENTIAL CONFLICT OF INTEREST. Any action or any decision or recommendation by a person acting in a capacity as a public official, the effect of which could be to the private pecuniary benefit or detriment of the person or the person’s relative, or a business with which the person or the person’s relative is associated, unless the pecuniary benefit or detriment arises out of the following:
(a) An interest or membership in a particular business, industry, occupation, or other class required by law as a prerequisite to the holding by the person of the office or position;
(b) Any action in the person’s official capacity which would affect to the same degree a class consisting of all inhabitants of the state or a smaller class consisting of an industry, occupation, or other group including one of which or in which the person or the person’s relative or business with which the person or the person’s relative is associated is a member or is engaged; and
(c) Membership in or membership on the board of directors of a nonprofit corporation that is tax-exempt under I.R.C. § 501(c) being 26 U.S.C. § 501(c).
(3) RELATIVE.
(a) The spouse, parent, stepparent, child, sibling, stepsibling, son-in-law, or daughter-in- law of the public official or candidate;
(b) The parent, stepparent, child, sibling, stepsibling, son-in-law, or daughter-in-law of the spouse of the public official or candidate;
(c) Any individual for whom the public official or candidate has a legal support obligation;
(d) Any individual for whom the public official provides benefits arising from the public official’s public employment or from whom the public official receives benefits arising from that individual’s employment; or
(e) Any individual from whom the candidate receives benefits arising from that individual’s employment.
(B) When an actual conflict of interest has been declared, the Commissioner shall recuse themselves from participating in the public hearing and shall leave the room for the remainder of the agenda item. The Commissioner may return for subsequent agenda items.
(C) When a potential conflict of interest has been declared, the Commissioner shall indicate whether they are capable of being an impartial participant.
(D) Any party may challenge the declarations made or not made by a member of the Planning Commission. The Chairperson may poll fellow Planning Commissioners whether they believe the declaring member is capable of participating in an impartial manner. If the Planning Commission vote determines that the Commissioner does have a conflict of interest and is not capable of participating in an impartial manner, the Commissioner shall recuse themselves and shall leave the room. The Commissioner may return for subsequent agenda items.
(Ord. 661, passed 5-6-2020)