Building Code Board of Appeals Minutes 1996

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documentation which the board would receive Sam Light- On page 2 of the ordinance rt is stated that there must be three members present for a quorum. When an appeal is decided there needs to be at least three votes. Tim Pate - What if there was a conflict of interest with several board members with regard to a particular appeal and the board was unable to have a quorum? Sam Light- The State Code of Ethics has a concept called the rule of necessity which says that even though you may have a conflict of interest, if your participation is needed to render a discussion, you may participate. You still have to go though the process of disclosing your conflict and filing your written disclosure If we were at a meeting where three board members were present, I would ask if the applicant were willing to continue the hearing,rather than ask the one with the conflict of interest to participate. If the applicant did not want to continue,they could demand a hearing, and would I ask that board member to participate. Chris Greenwald - Could we provide to the board a sheet outlining some of the highlights of the rules of procedure such as how many votes in the affirmative would be required to approve an appeal. Sam Light- Yes. The other thing I will prepare is a script, which is most helpful to the Chairman. What that does is go through the procedures of a hearing chronologically This ensures that there is due process. This ensures that everybody who has a right to be heard is alerted to that fact. Greg Culhson- So then there is some typical verbiage to the swearing in? Sam Light- Yes. There is an oath to give to the witnesses. Erik Hartronft- Page 3, item F,talks about the board not having authority to interpret certain provision of the code. Does the Board make that determination? Does the Building Official have the ability to say that the appeal which is applied for cannot be heard by the board? Sam Light- That is a ruling which the board ultimately has to make. Erik Hartronft- So anybody can appeal anything, and the board would determine if it meets the rule? Sam Light- Correct. As secretary, Tom would advise the applicant that there may be jurisdictional problems. He would then refer the application to me. We would then schedule a hearing and in the packet I would include a memo concerning the jurisdictional issues. You would then need to convene and first give an answer on the jurisdictional issue, as to whether the Board would hear the appeal. 5