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NNW E. COMMENTS BY CITY ATTORNEY ON POSSIBLE CONFLICTS OF INTEREST FOR <br /> PLANNING COMMISSIONERS : (Item requested by Johnson) <br /> Mayor Johnson presented the following four questions for discussion <br /> regarding conflict of interest. <br /> 1. Is there any implicit difference between conflict of interest <br /> situations for Planning Commissioners and Councilmembers taking <br /> into account that the former are appointed by the latter, who are <br /> elected? The City Attorney' s response was ' no' . <br /> 2 . Do Planning Commissioners and Councilmembers have to disclose <br /> visits to sites made prior to hearings at the time of the hearings? <br /> The City Attorney referred to his report dated 8/3/88 on the subject <br /> of meetings with applicants or residents (a copy is on file at Town <br /> Hall) . In part this report states : 'A City Council acts in two <br /> capacities, one ' legislative ' and the other 'quasi-judicial ' . There is <br /> no legal prohibition against one or more Councilmembers meeting with a <br /> resident or other person having business with the Town to discuss the <br /> matter or to inspect specific properties . However, it is the judicial <br /> function which may be impacted by meetings of the type previously <br /> described. If the matter discussed is one which will be the subject of <br /> a later public hearing, it could be claimed that the individual <br /> Councilmember or members had taken evidence outside of the hearing and <br /> which was not available to other members . If this situation arises <br /> then it is necessary that the Councilmember involved advise the <br /> remaining members and administrative staff , in writing, of any <br /> information provided, or received, or decision made during the meeting <br /> in order that the other members may be made aware of it and it be a <br /> part of the hearing. ' <br /> 3 . Is there conflict of interest for Planning Commissioners who <br /> approach outside agencies privately, advocating a particular <br /> position and who then have to hear the cases? <br /> The City Attorney responded that a Commissioner would have to decide <br /> if they could provide due process and give a fair hearing to a <br /> project. If a project were challenged, the court would then decide <br /> whether or not a fair hearing had been held. The City Attorney also <br /> noted that after a hearing is held, on the assumption that it would <br /> not go back to the Commission at a later time , a Commissioner could <br /> address an issue as a resident. <br /> 4 . Does the Planning Commission ever have the authority to communicate <br /> with outside agencies without the communication being approved by <br /> the full Council? The response was that it was Council policy that <br /> all such communications should go through the Council . <br /> -3- 11/28/88 <br />