Chapter 2.21
BOARDS AND COMMISSIONS
Sections:
2.21.010 Board and commission members subject to this chapter.
2.21.020 Powers and duties.
2.21.030 Appointments.
2.21.040 Qualifications.
2.21.050 Terms.
2.21.060 Compensation.
2.21.070 Vacancies.
2.21.080 Notice of impending vacancy.
2.21.090 Applications.
2.21.100 Nominations.
2.21.110 Officers.
2.21.120 Quorum and voting requirements.
2.21.130 Meetings.
2.21.140 Conflict of interest.
2.21.150 Procedure.
2.21.160 Reports and minutes.
2.21.170 Ex officio members and staff.
2.21.180 Termination.
2.21.190 Code of ethics for boards and commissions.
2.21.010 Board and commission members subject to this chapter.
All boards or commissions, with the exclusion of the board of equalization, shall be governed by each of the provisions set forth in this chapter unless it conflicts with a specific provision applicable to a particular board or commission. The board of equalization, however, shall still be subject to the code of ethics for boards and commissions. (Ord. 2011-08 § 2, 2011; Ord. 2006-29 § 2, 2006; Ord. 82-30 § 2, 1984)
2.21.020 Powers and duties.
A. The assembly by ordinance may provide for advisory, regulatory, appellate or quasi-judicial boards or commissions. The ordinance shall prescribe the duties and qualifications of members.
B. The assembly, by ordinance, may create or designate itself to be a board of review, adjustment or equalization. The ordinance shall prescribe the rules of procedure. (Ord. 82-30 § 2, 1984)
2.21.030 Appointments.
The mayor appoints the members of boards and commissions; appointments are subject to confirmation by the assembly. (Ord. 82-30 § 2, 1984)
2.21.040 Qualifications.
In addition to any other qualifications required by this code, a board or commission member:
A. Shall, if legally eligible, be a qualified voter of the borough; and
B. Shall remain a resident of the borough while in office. (Ord. 82-30 § 2, 1984)
2.21.050 Terms.
The term of each member of a board or commission is three years. The terms of initial appointments to a board or commission shall be staggered so that as nearly as possible a pro rata number of members shall be appointed for each year during the regular term of office established for the members of the board or commission. The regular term of a member of a board or commission shall, unless otherwise specified by ordinance, commence on January 1st of the year of appointment and shall expire on December 31st of the year his term expires. (Ord. 82-30 § 2, 1984)
2.21.060 Compensation.
Members shall serve without pay except that they may be compensated for ordinary and necessary expenses reasonably incurred in performance of their duties as members, subject to appropriation. (Ord. 88-060 § 2, 1988)
2.21.070 Vacancies.
A. Vacancies on boards or commissions, other than by expiration of the member’s term, can be created as follows:
1. Leaves the borough with the intent of remaining absent more than 90 days;
2. Fails to attend three consecutive regularly scheduled meetings;
3. Fails to attend, without excuse, at least 80 percent of the regularly scheduled meetings of the board or commission within any calendar year;
4. Submits a resignation presented in writing which is accepted by the board or commission;
5. Dies; or
6. Fails to qualify within 30 days after his appointment.
B. Members may be removed for reasonable cause by the assembly at any time. As used in this section, the term “reasonable cause” shall mean:
1. Any act, or failure to act, whether intentional or negligent, that either exposes the borough to liability for financial loss or has the potential, in the sole discretion of the borough assembly, to expose the borough to liability for financial loss;
2. Any act, or failure to act, whether intentional or negligent, which obstructs or impedes the functioning of either the board or commission of which the commissioner is a member or borough government in general.
C. In the event of a vacancy on a board or commission for any reason other than normal expiration of a term of office, the mayor shall appoint a new member for the remaining unexpired term, within 30 days of the notice of vacancy. (Ord. 2001-51 § 2, 2001; Ord. 88-055 § 2, 1988; Ord. 82-30 § 2, 1984)
2.21.080 Notice of impending vacancy.
At least 30 days prior to the end of the term of an incumbent board or commission member, the mayor shall cause notice thereof to be published at least twice in a newspaper of general circulation within the borough. The notice shall set forth the vacancies and any qualifications of members. (Ord. 82-30 § 2, 1984)
2.21.090 Applications.
The mayor shall provide a standard information and application form for interested persons to complete. The form, letters or other expressions of interest shall be made to the mayor. (Ord. 82-30 § 2, 1984)
2.21.100 Nominations.
The mayor shall submit nominations of persons to fill vacancies on boards and commissions to the assembly no earlier than two months before and no later than the date necessary to allow the nominations to be placed on the last regular assembly meeting of the calendar year. (Ord. 90-015 § 2, 1990; Ord. 82-30 § 2, 1984)
2.21.110 Officers.
A board or commission shall annually elect a chairman and a vice chairman. The vice chairman shall act in the absence of the chairman or in the inability of the chairman to act. (Ord. 82-30 § 2, 1984)
2.21.120 Quorum and voting requirements.
A majority of the authorized members of a board or commission shall be a quorum for the transaction of business. The affirmative votes of the majority of the authorized members of a board or commission shall be required to carry a question. In the absence of a quorum for the transaction of business, any number less than a quorum may recess a meeting to a later time or date. (Ord. 82-30 § 2, 1984)
2.21.130 Meetings.
A board or commission shall hold regularly scheduled meetings at such time and place as may from time to time be designated by the board or commission. The chairman of a board or commission, or the municipal employee who is designated as an ex officio member of the board or commission pursuant to FNSBC 2.21.170, or a majority of the board or commission may call a special meeting of the board or commission. Meetings of all boards and commissions shall be open to the public and notice posted at the borough clerk’s office. (Ord. 82-30 § 2, 1984)
2.21.140 Conflict of interest.
Every member shall vote on all questions unless he has a direct or substantial indirect financial interest in the matter being discussed. No member shall represent any person before the board or commission of which he is a member. (Ord. 82-30 § 2, 1984)
2.21.150 Procedure.
A board or commission shall establish its own procedural rules and order of business, except as otherwise provided by law. An appeal or quasi-judicial board or commission shall establish rules governing proceedings before the board or commission. In all matters of procedure not covered by rules adopted by the board or commission, Robert’s Rules of Order, as revised, shall be applicable and shall govern. (Ord. 82-30 § 2, 1984)
2.21.160 Reports and minutes.
The board or commission shall keep minutes of the proceedings, and such minutes shall record the vote of each member upon every question formally presented for consideration. The minutes shall be filed in the office of the borough clerk and shall be a public record, open to inspection by any person. (Ord. 82-30 § 2, 1984)
2.21.170 Ex officio members and staff.
The mayor may appoint an employee of the borough who shall be an ex officio member of a board or commission for the purpose of acting as secretary to the board or commission or to furnish technical advice and information if not so provided for in the specific provisions pertaining to the board or commission. An ex officio member is not entitled to vote on any question to be determined by the board or commission nor is an ex officio member a member for the purpose of establishing a quorum of any board or commission. Unless otherwise provided in the section establishing the board or commission, the mayor shall provide or designate any required staff for the board or commission. (Ord. 82-30 § 2, 1984)
2.21.180 Termination.
A. All boards and commissions established under this chapter, with the exception of those mandated by state law, shall terminate by operation of law six years from the date of their creation, continuation or reestablishment, whichever is later, unless affirmatively reestablished or continued by the assembly for a period not to exceed six years. Any newly created board or commission shall be subject to the provisions of this section. Prior to the termination, continuation or reestablishment of any board or commission, the assembly shall hold a public hearing, receiving testimony from the general public and members of the board or commission. In said hearing the board or commission shall have the burden of demonstrating a public need for its continued existence.
B. A determination as to whether a board or commission has demonstrated a public need for its continued existence shall take into consideration the following factors:
1. The extent to which a board, commission or program has operated in the public interest;
2. The extent to which a board or commission has recommendations which are generally of benefit to the public interest;
3. The extent to which a board or commission has encouraged interested persons to report to it concerning the effect of its decisions on the effectiveness of service, and availability of service which it has provided;
4. The extent to which the board or commission has encouraged public participation in the making of its decisions;
5. The efficiency with which public inquiries or complaints regarding the activities of the board, commission or agency filed with it, or with the department to which a board or commission is administratively assigned have been processed and resolved. (Ord. 92-065 § 2, 1992; Ord. 86-065 § 2, 1986; Ord. 82-30 § 2, 1984)
2.21.190 Code of ethics for boards and commissions.
A. Purpose and Intent. Members of the public serving as members of an appointed public body of the borough provide their time and energy in public service to the borough and exercise significant personal commitment, often at substantial financial sacrifice in terms of time taken from other professional endeavors. These appointed members are expected and permitted to earn a living and hold individual financial interests. However, matters coming before the appointed public body may include matters in which the appointed member of the public or a family member has a financial or private interest creating ethical issues which should be regulated in order to ensure that decisions of boards and commissions rest solely on what is in the public’s interest.
B. General Prohibited Conduct. No person serving on a board or commission shall:
1. Solicit, offer or receive money or other thing of value in return for a vote, a borough management decision, or the exercise of the person’s official duties, except the compensation, expenses, benefits, or other remuneration paid by the borough.
2. Offer or accept any money or other thing of value for or in consideration of obtaining employment, appointment, or promotion of any person by the borough.
3. Offer or accept any money or other thing of value for or in consideration of the use of the person’s public position to obtain a contract for any person or business with the borough.
4. Use for the person’s own benefit, or for the benefit of another, confidential information acquired by reason of the person’s public position and which is not available to the public.
5. Disclose or release confidential information gained through the person’s public position unless authorized by law or order of the court.
6. Use the person’s borough position to take personal advantage of another.
7. Divert or permit the diversion of borough personnel time, borough services, vehicles, equipment, materials or other property for a purpose unrelated to borough business.
8. Accept a gift from an individual or an entity with interests that may be substantially affected by the performance of the person’s official borough duties under circumstances where the timing and nature of the gift would cause a reasonable person to question the person’s judgment in exercising official borough duties on a matter affecting the donor.
9. Accept gifts from persons on a basis so frequent as to raise an appearance of the use of the person’s public position for private gain.
10. State or suggest to another person that official action or vote on any borough matter is conditioned on the retention or nonretention of services, including without limitation professional services, construction, and the procurement of supplies, from another person or entity.
C. Ethics Provisions Specific to Certain Board and Commission Duties. An appointed public body shall follow the requirements of state law, ordinance, regulation, and procedure governing specific actions of the appointed public body.
1. Boards and Commissions with Quasi-Judicial Responsibilities. Members of the public serving as members of an appointed body with such responsibilities shall:
a. Make decisions solely on applicable law and the evidence in the record;
b. Be impartial in fact and action in the performance of official duties, making decisions without personal gain or financial interest;
c. Disclose any previous involvement in the case or with the parties;
d. Disclose matters that would prevent the member from hearing the case under specific provisions applicable to the appointed public body;
e. Disclose circumstances that could potentially interfere with impartiality, so that the member’s participation may be fairly evaluated by the public body.
2. Boards and Commissions Exercising Monetary or Management Discretion.
a. When action on a matter involves monetary discretion in the recommendation of policy or funding, voting members of advisory boards or commissions shall include a summary of personal contacts concerning the matter in the disclosure of financial interest and personal involvement to the appointed public body.
b. If an appointed public body exercises monetary discretion, a member of the appointed public body or a member of their immediate family as defined in FNSBC 2.25.200 may not apply for, or receive substantial personal or financial interest in, a contract or project awarded or administered by the appointed public body during the member’s service to the body, or for one year after leaving service.
D. Disclosure Requirements. A board or commission member shall place the public interest above any financial or private interest when taking official action. If an appointed member’s private relationships or interests prevent the member from placing the public interest above a financial or private interest, the appointed member shall disclose this fact on the record. Prior to comment, deliberation or decision on a matter coming before the appointed public body, a member shall disclose any financial or private interest in the matter, including the financial interest or personal involvement of an immediate family member as defined in FNSBC 2.25.200. The nature of the financial or private interest shall be disclosed in sufficient detail to permit the other members of the appointed body to determine if the financial interest is substantial or the personal involvement is prejudicial. If the other members of the appointed body by majority vote determine that a financial interest is substantial or the personal involvement is prejudicial, the member may not participate in the matter coming before the appointed public body.
E. Substantial Financial Interest. Whether the financial or private interest disclosed is substantial shall be determined by the appointed public body on a case-by-case basis, with evaluation of these factors:
1. Whether the financial or private interest is a substantial part of the matter under consideration;
2. Whether the financial or private interest directly and substantially varies with the outcome of the official action;
3. Whether the financial or private interest is immediate and known or conjectural and dependent on factors beyond the official action;
4. Whether the financial or private interest is significant monetarily;
5. Whether the financial or private interest is of a type which is generally possessed by the public or a large class of persons to which the member belongs;
6. Other factors deemed appropriate by the chair under the specifics of the disclosure and the nature of the action before the appointed body.
F. Restrictions on Employment. It is a conflict of interest for an appointed member of a public body to represent, advise, or assist a person for compensation regarding a matter that was under consideration by the appointed body if the member participated personally in the matter through the exercise of official duty. In this subsection, “matter” includes a case, proceeding, application, contract, or determination but does not include consideration or comment on ordinances, resolutions, or other legislative measures if consideration by the appointed public body was only in the context of general application.
G. Written Disclosure of Present Economic Interest. All applications for a board or commission appointment shall require the applicant to disclose any economic interest which shall cause the official to have a personal or financial interest in the decisions of the board or commission for which the applicant is submitting the application. The appointed member shall file supplemental written statements with the borough clerk as new interests are acquired, and make disclosures on the record of the public body of potential conflicts as required when matters come before the public body.
H. Acquisition of an Economic Interest in Borough Contracts and Business. If the appointed member or a member of the immediate family as defined in FNSBC 2.25.200 takes any official action with respect to preparation of the solicitation, award, or borough administration of a contract, the member or a member of the immediate family shall not acquire directly or indirectly an economic interest in a related borough contract.
I. Restrictions on Engaging Services to Influence Legislative or Administrative Action or Financial Contribution. An appointed public body may not engage a lobbyist or other person or entity for compensation to influence financial support, legislative action, or administrative action from another appointed public body or an elected body of the borough.
J. Gifts. Gifts to a member of an appointed body unrelated to the member’s public service and gifts without monetary value are not covered by this chapter. Unless subject to supplemental restrictions governing the appointed public body, these unsolicited gifts are allowed and subject to disclosure as follows:
1. A gift or award of monetary value presented in recognition of meritorious, civic, or voluntary service to the borough, so long as presented by a recognized civic or non-profit charitable organization presenting such a gift or award as part of an established tradition, and not given as financial inducement for official action. A member of an appointed body shall disclose a gift or award with a monetary value in excess of $50.00 and file the disclosure with the borough clerk within 30 working days of receipt of the gift or award.
2. A perishable gift for immediate consumption or display, from member(s) of the public expressing general appreciation or holiday cheer, when shared among members of the appointed body or donated to charity. The chair of the appointed body shall disclose a gift under this category with a value in excess of $150.00 and file the disclosure with the borough clerk within 30 working days of receipt.
K. Political Activity. A member of an appointed public body shall not:
1. Use official position on an appointed public body to solicit a contribution, endorsement, or other campaign support for any political candidate.
2. Use official position on an appointed public body to discourage or inhibit any person from exercising voter franchise.
3. Act in a manner to suggest that the member is acting in the member’s official capacity or otherwise representing the appointed public body or the borough, when engaging in political activity during personal time.
L. Complaint Procedures. Any person may file a verified complaint with the clerk alleging that a board or commission member has violated one or more provisions of this section. This complaint shall comply with and follow the procedures set forth in FNSBC 2.10.150 through 2.10.290. (Ord. 2011-08 § 3, 2011)