A. Membership:
1. Appointment: The commission shall consist of five (5) voting members, each appointed by the chairman of the board of county commissioners and confirmed by the majority vote of the board. An appointed member shall have resided in the county for five (5) years prior to the appointment. The board shall ensure that the interests of the entire county are broadly represented on the commission, and shall select the members without respect to political affiliation. The board should select members from throughout the county, i.e., two (2) members from the southern portion of the county and two (2) members from the northern portion of the county, with one member from either, so as to provide a better geographical representation. Each member must remain a resident of the county during his service on the commission. Not more than two (2) of the members may reside within an incorporated city in the county. Each city council shall have opportunity to submit nominations to the board for potential members from that city.
2. Term: Each member will serve for a term of three (3) years.
3. Vacancies: Unexpired terms shall be filled in the same manner as the original appointments.
4. Removal; Renewal: Members may be removed for cause, or have their term renewed, by a majority vote of the board.
B. Conflict Of Interest; Ex Parte Contact:
1. Conflict Of Interest: A member or employee of the commission shall not participate, without unanimous consent of the remaining commissioners, in any proceeding or action when the member or employee (or his employer, business partner, associate, or any person related to him by affinity or consanguinity within the second degree) has economic interest in the procedure or action. Any actual or potential interest in any proceeding shall be disclosed at or before any meeting at which the action is being heard, discussed openly, and a waiver of potential conflict voted upon by the remaining commissioners.
2. Ex Parte Contact: Any action of the commission in applying the general rules or policies to specific individuals or sites is quasi-judicial, which creates a higher standard of expected conduct. Whenever quasi-judicial issues are presented, both the proponents and opponents are entitled to know of any information presented by the other side. Therefore, the decision must be based only upon the evidence and testimony presented at the formal public hearing. If any information has been presented to a member ex parte, that information should be placed on the record at the hearing.
C. Organization: The commission shall elect a chairman and create any additional offices it may deem necessary. The commission may establish subcommittees, advisory committees, or neighborhood groups to advise and assist in carrying out the responsibilities under this chapter. The commission shall enact a set of bylaws to guide its operation as required in Idaho Code section 67-6504.
D. Meetings, Records, And Voting: At least one regular meeting shall be held each month for not less than nine (9) months a year; additional special or workshop meetings may be scheduled as necessary. All meetings and records shall be open to the public. A record of meetings, hearing, resolutions, studies, findings, permits, and actions taken shall be maintained. All members shall have voting rights; a majority of the members of the commission shall constitute a quorum.
E. Expenditures: With approval of the board, the commission may receive and expend funds, goods, and services from the federal, state, or local government agencies, or from civic and private sources, make expenditures within the amounts appropriated by the board, and hire or appoint nonvoting technical advisors.
F. Responsibilities And Duties: The commission shall hold public meetings, hearing, surveys, etc., to obtain input to the planning process. The commission may also conduct informational meetings to consult with public officials and agencies, civic or professional organizations, etc. As a result of such meetings, the commission may submit recommendations to the board concerning the planning process. Further, the commission shall:
1. Review and approve or deny applications for all conditional uses and variances and hold public hearings.
2. Initiate amendments to this title and the comprehensive plan.
3. Periodically review all privately proposed amendments to this title and the comprehensive plan, and make recommendations to the board.
4. Hear and decide alleged violations of the provisions herein.