Section 155.3.4 Conflicts of Interest and Oaths of Office.
   (A)   Members of the Planning Board, and Board of Adjustment must act in the public interest and not to advance their own interests. A member of the Planning Board or Board of Adjustment shall not vote on any advisory or legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. When a member is disqualified for a conflict of interest, that member must not participate in the hearing in any way, neither asking questions, nor debating, nor voting on the case. If an objection is raised to a 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 shall by majority vote rule on the objection.
   (B)   All members of appointed boards shall, before entering their duties, qualify by taking an oath of office.
   (C)   No member of the Board of Alderman shall vote on any legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. No member of the Board of Alderman shall 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 Board member has a close familial, business, or other associational relationship. In addition, the Board of Aldermen shall act in all matters in compliance with the Town of Wrightsville Beach Code of Ethics for the Mayor and Board of Aldermen adopted August 26, 2010.
   (D)   No member of any board exercising quasi-judicial functions shall 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 a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter.
   (E)   The town's administrative staff shall not make a final decision on an administrative decision 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, the decision shall be assigned to the supervisor of the staff person or the Town Manager.
(Ord. 1695, passed 11-8-12; Am. Ord. 1838, passed 3-10-22)