conflict of interest Conflict of interest on the planning commission

[Guest Fastdog]

I just went through a planning commission public hearing and the vice chair recused himself. He then was allowed to present the Special Use permit to his own commission for approval. His client was the developer that will construct the 17 acre complex. There was no disclosure of the conflict. The City attorney said that if he is recused he becomes an ordinary citizen and can perform as a project engineer and do the presentation. 

What are your thoughts on this? I can’t believe it happened!

[jstackpo]

RONR doesn't discuss "conflict of Interest" other than minimally on page 407 as "direct personal interest".

Yours is a legal question and any "conflicts" will have to be considered in terms of your local laws and ordinances.  Ask a knowledgeable lawyer.  (Maybe not the city attorney, but who knows.)

[Richard Brown]

That is an area that is more subject to the control of your own state's ethics laws and open meetings laws, rather than parliamentary procedure. State laws generally dictate when public officials must recuse themselves and what the effect of a recusal is.

Under RONR, even if a member has a conflict as defined in RONR, he still has the right to debate and vote on the issue and cannot be compelled to abstain. 

RONR provides that if a member has a financial personal or pecuniary interest in the outcome of something not in common with other members, he should abstain from voting. However, he cannot be compelled to abstain.

Edited May 27, 2018 at 12:17 AM by Richard Brown
Edited third paragraph