(A) Town Board. A Town Commissioner shall not vote on any legislative decision regarding a development regulation under this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the Commissioner.
(B) Planning Board and Board of Adjustment. Members of the Planning Board and Board of Adjustment shall not vote on any advisory or legislative decision regarding a development regulation under this chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member.
(C) Administrative staff. No staff member shall make a final decision on an administrative decision regarding a development regulation under this chapter 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 development regulation or other ordinance.
(D) No staff member shall be financially interested or employed by a business that is financially interested in a development subject to regulation under this chapter 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 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 town.
(E) Quasi-judicial decisions. When the Board of Adjustment is exercising quasi-judicial functions pursuant to this chapter, Board members shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having:
(1) A fixed opinion prior to hearing the matter that is not susceptible to change;
(2) Undisclosed ex parte communications;
(3) A close familial, business, or other associational relationship with an affected person; or
(4) A financial interest in the outcome of the matter.
(F) 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.
(G) 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.
(Ord. passed 6-29-2021)