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Building Code Board of Appeals <br />Agenda <br />DATE <br />Page 3 of 6 <br />Presentation from Nick Cotton -Baez for required biennial open government and <br />quasi-judicial training. <br />After Mr. Cotton-Baez's training presentation, he asked if anyone had questions. <br />Dino explained that with the increase in construction activity because of the <br />Marshall Fire construction work, the boards' members paths will cross with <br />contractors they might know. Dino asked at what point would a board member <br />need to recuse themselves from a hearing. <br />Cotton -Baez addressed the issue if a board member can make an unbiased <br />decision. If answer is no then you should not participate. If you think the answer <br />is yes and you continue and contractor brings it up, have a sidebar with the <br />attorney. <br />Cotton -Baez then addressed the issue of bias. Disclose facts. If you know <br />before the hearing that you would revoke the license, then do not participate in <br />the hearing. Over -disclosure is better than under -disclosure and you should <br />disclose any prior relationship. Disclosure is required in conflict of interest, <br />usually regarding financial gain. Making public statements about a contractor, or <br />any conflict of interest, discuss with attorney. <br />Cotton -Baez then addressed potential stipulations before a hearing begins and <br />that it is not likely to happen. Perhaps city and contractor could come to an <br />agreement. It is possible for the contractor and city to agree to a stipulation and <br />the board can review it. The board can discuss the stipulation to decide if they <br />want to accept it or not. <br />Cotton -Baez continued to explain that if the City of Louisville became more <br />aggressive with license revocations or violations, stipulations may become more <br />common. <br />Gatto questioned when preparing for a hearing and what can be admitted as <br />evidence. If information was not put in packet it usually cannot be considered as <br />evidence. Can't consider past issues or past claims regarding present matter. If <br />the written order had those pieces of evidence from the previous hearing and <br />was part of the decision it could be used as evidence. <br />Cotton -Baez completed the presentation. <br />Dino and Root discussed that there may be more cases in the near future <br />because of the volume of houses being built for the Marshall Fire. Root added <br />