(a) Circumstances Requiring Both Disclosure and Recusal: In the following circumstances, an officer must disclose his or her interest in compliance with the rules for disclosure set forth in subsection (c) of this section, and the officer must recuse from any deliberation, discussion, or official action of the Commission in compliance with the rules for recusal set forth in subsection (d):
(1) Current Representation of Applicant on Related Matters: The officer, or the business entity of which the officer is a member, is current representing the applicant appearing before the officer's Commission on the same or related matter for which the applicant is seeking relief before the officer's Commission.
(2) Current Representation of Applicant on Unrelated Matters: The officer, or the business entity of which the officer is a member, is currently representing the applicant appearing before the officer's Commission on a matter that is not related to the matter for which the applicant is seeking relief before the officer's Commission.
(3) Previous Representation of Applicant on Related Matters: The officer, or the business entity of which the officer is a member, has previously represented, but is not currently representing, the applicant appearing before the officer's Commission on the same or related matter for which the applicant is seeking relief before the officer's Commission.
(4) Officer's Immediate Family Member as Applicant: The applicant appearing before the officer's Commission is an immediate family member of the officer.
(5) For-Profit Business Entity as Applicant: The applicant appearing before the officer's Commission is either (a) the for-profit business entity of which the officer is an owner, officer, director, or employee, or (b) another owner, officer, director, or employee of the for-profit business entity of which the officer is an owner, officer, director, or employee.
(6) Not-for-Profit Business Entity as Applicant - Direct Relationship: The applicant appearing before the officer's Commission is a not-for-profit business entity of which the officer or his or her spouse or domestic partner, is either an owner, officer, director, or employee.
(b) Circumstances Requiring Disclosure But Not Recusal: In the following circumstances, an officer must disclose the officer's interest in compliance with the rules for disclosure set forth in subsection (c) of this section:
(1) Previous Representation of Applicant on Unrelated Matters: The officer, or the business entity of which the officer is a member, has previously represented the applicant on a matter that is not related to the matter for which the applicant is seeking relief before the officer's Commission.
(2) Business Entity as Applicant - Indirect Relationship: The applicant appearing before the officer's Commission is a business entity for which the officer, or an immediate family member thereof who resides with the officer, is a member, but not an owner, officer, director, or employee. For purposes of this subsection (b)(2), "member" means (i) a volunteer for a not-for-profit, charitable or religious institution, to whom no monetary compensation is provided, (ii) a congregant of a religious institution, or (iii) any similar relationship to a business entity by which the individual receives no monetary compensation.
(3) Not-for-Profit Business Entity as Applicant - Indirect Relationship: The applicant appearing before the officer's Commission is another owner, officer, director, or employee of the not-for-profit business entity of which the officer is an owner, officer, director, or employee.
(4) Officer as Applicant: The officer is the applicant appearing before the officer's Commission.
(5) Appearance of Impropriety: The officer has a connection to the applicant or matter before the officer's mission such that the officer's participation in any deliberation, discussion, or officer action related to the applicant or matter may appear, but not be, improper under this Code or any applicable law.
(c) Rules for Disclosure: Where this article requires disclosure of an officer's interest, the officer shall make such disclosure as follows:
(1) The officer shall state on the record at the meeting or hearing of the applicable Commission or, if appearing before a Village employee seeking official action, (a) that he or she has an interest for which disclosure is required, and (b) the nature of that interest.
(2) The officer's statement must be made prior to any deliberation, discussion, or official action taken by the Commission on matters involving such interest, or if official action is to be taken by a Village employee, before the Village employee take official action.
(3) Upon making disclosure in compliance with this subsection, the officer may participate in any deliberation, discussion, or official action related to the matter for which disclosure was required, unless recusal is also required, in which case the officer shall comply with the requirements of subsection (d) of this section.
(4) Notwithstanding the provisions of subsection (c) of this section, in the event that the officer is the applicant appearing before the officer's Commission, the officer may not cast a vote in connection with any proposed official action regarding the matter for which disclosure is required.
(d) Rules for Recusal: Where this section requires the recusal of an officer, the officer shall recuse himself or herself as follows:
(1) The officer shall first disclose the interest for which recusal is required, in accordance with and pursuant to subsection (c) of this section.
(2) Following such disclosure, the officer shall depart the room in which the Commission will conduct any proceedings related to the matter for which recusal is required. The officer shall not re-enter such room until such time as the Commission concludes its deliberation, discussion or official action on such matter.
(3) Following the disclosure required pursuant to subsection (c)(1) of this section, and until the Commission takes official action regarding the matter for which the officer has recused himself or herself, the officer shall not communicate in any manner regarding the matter for which the officer has recused himself or herself with (a) any other member of the Commission from which the officer has recused himself or herself, (b) any member of the Village Board, or (c) any Village employee who the officer knows or should know is familiar with the matter for which recusal was required. (Ord. 0-22-04, 1-3-2022)