Elected and appointed boards and Town of Mills River staff shall maintain conflict of interest procedures pursuant to G.S. § 160D-109 in administering Title XV of the Mills River Town Code. The Mills River Town Council serves as the Governing Board for the Town. The
and Zoning Board of Adjustment are Appointed Boards. Town of Mills River staff includes and anyone employed by the Town or acting in an official capacity on behalf of the Town. These boards and individuals shall follow conflict of interest rules as described in this section.
(A) Governing board. A governing board member shall not vote on any legislative decision regarding a development regulation adopted pursuant to Title XV of the Mills River Town Code where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A governing board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(B) Appointed boards. Members of appointed boards shall not vote on any advisory or legislative decision regarding a development regulation adopted pursuant to Title XV of the Mills River Town Code where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. An appointed board member shall not vote on any zoning amendment if the landowner of the property subject to a rezoning petition or the applicant for a text amendment is a person with whom the member has a close familial, business, or other associational relationship.
(C) Administrative staff. No staff member shall make a final decision on an administrative decision required by Title XV of the Mills River Town Code if the outcome of that decision would have a direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision is a person with whom the staff member has a close familial, business, or other associational relationship. If a staff member has a conflict of interest under this section, the decision shall be assigned to the supervisor of the staff person or such other staff person as may be designated by the governing board. No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under Title XV of the Mills River Town Code unless the staff member is the owner of the land or building involved. No staff member or other individual or an employee of a company contracting with the Town of Mills River to provide staff support shall engage in any work that is inconsistent with his or her duties or with the interest of the Town, as determined by the governing board.
(D) Quasi-judicial decisions. A member of any board or Town staff member facilitating or exercising quasi-judicial functions pursuant to Title XV of the Mills River Town Code shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons’ rights to an impartial decision maker and process. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed communications with affected persons outside of defined decision making processes, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
(E) Resolution of objection. If an objection is raised to a board member’s participation at or prior to the hearing or vote on a particular matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection.
(F) Familial relationship. For purposes of this section, a CLOSE FAMILIAL RELATIONSHIP means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term includes the step, half, and in-law relationships.
(G) Additional rules and procedures. Nothing in this section precludes the Town, its boards or its staff from enacting additional rules and procedures to ensure conflict of interest issues do not adversely affect parties seeking rulings and approvals on legislative or quasi-judicial matters that come before the Town provided that additional rules and procedures are not inconsistent with G.S. § 160D-109 and any amendments thereto.
(Ord. 2021-06, passed 4-22-2021)