(A) Any proponent or opponent of a proposal to be heard by the members may challenge the qualification of any member to participate in such hearing and decision. Such challenge must state facts in writing, by affidavit, relied upon by the submitting party relating to a member’s bias, prejudgment, personal interest, or other facts from which the party has concluded that the member will not participate and make a decision in an impartial manner.
(1) Such written challenge must be delivered by personal service to the City Recorder and the member whose qualification is challenged not less than 48 hours preceding the time set for public hearing.
(2) Such challenge shall be incorporated into the record of the hearing.
(B) No member shall participate in discussion of the proposal or vote on the proposal when:
(1) Any of the following has a direct or substantial financial interest in the proposal: the member or his or her spouse, brother, sister, child, parent, father-in-law, mother-in-law, any business in which he or she is then serving or has served within the previous two years, or any business with which he or she is negotiating for or has an arrangement or understanding concerning prospective partnership or employment;
(2) He or she owns property within the area entitled to receive notice of the public hearing;
(3) He or she has a direct personal interest in the proposal; or
(4) For any other reason, he or she has determined that he or she cannot participate in the hearing or decision in an impartial manner.
(C) No other officer or employee of the city who has a financial or other private interest shall participate in discussion with or give an official opinion to the deliberating body on the proposal without first declaring for the record the nature and extent of such interest.
(D) The general public has a right to have members free from pre-hearing or ex-parte contacts on matters heard by them. It is recognized that a countervailing public right is free access to public officials on any matter. Therefore, members shall reveal any significant pre-hearing ex-parte contacts with regard to any matter at the commencement of the public hearing on the matter. If such contacts have impaired his or her impartiality or his or her ability to vote on the matter, he or she shall so state and shall abstain therefrom.
(E) Notwithstanding any provision of this or any other rule, an abstaining or disqualified member may be counted for purposes of forming a quorum, and a member may represent himself or herself, a client, or any other member of the public at a hearing provided he or she:
(1) Abstains from the vote on the proposal;
(2) Removes himself or herself from the deliberating body and joins the audience; and
(3) Makes a full disclosure of his or her status and position at the time of addressing the deliberating body.
(Res. 6, passed 9-8-1975)