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HomeMy WebLinkAboutCode of Conduct fr~xxxa$;` Town Hall Annex, Capital One Building BOARD MEMBERS g g Leslie Kanes Weisman, Chairperson 54375 Route 25 at Youngs Road P.O. Box 1179 s; Southold, New York 11971-0959 Eric L. Dames Gerard P. Goehringer Telephone (631) 765-1809 Fax (631) 765-9064 George Homing Ken Schneider http://southoldtown.northfork.net /OUN[°} n ZONING BOARD OF APPEALS CODE OF CONDUCT (2014) Introduction The following Code of Conduct is voluntarily adopted by the Southold Town Zoning Board of Appeals, as permitted by Town Code §280-148. It is intended to supplement and further clarify the responsibilities and ethical standards proscribed for Zoning Boards by the Town of Southold and New York State. The purpose is to set an expected level of personal and professional behavior to ensure that all ZBA members exercise the highest degree of honesty, dedication, confidentiality and professionalism. This Code applies to all members. Implementation of this policy is the responsibility of each individual member as overseen by the Chair of the Board. Failure by any Board member to adhere to this Code of Conduct may result in cause for removal by the Town Board, after a public hearing as required by New York State Town Law §267. L Purpose of ZBA Meetings a. Regular Meetings. The purpose of a Regular Meeting is to fact find by conducting public hearings in which applicants, their agent(s) and all interested parties are given the opportunity to provide oral testimony and submit written information that is relevant to applications before the Board. During a hearing, it is the responsibility of Board members to ask questions related to gathering facts to establish a public record upon which to base and support the ZBA's final determination. b. Special Meetings The purpose of a Special Meeting is to discuss particular ZBA issues and to deliberate among Board Members and vote on decisions related to applications after a public hearing has been closed. These meetings are open to the public for observation only as the record is closed for those decisions that are on an agenda for deliberation purposes. c. Executive Session - The purpose of an executive session is to obtain confidential advice from counsel or to discuss a matter that is specifically exempted from the Open Meetings Law (i.e. personnel matters, litigation strategy, etc.). Unlike Regular and Special Meetings, Executive Sessions are closed to the public. Board members are discouraged from requesting legal advice at a Special or Regular Meeting outside of the Executive Session. Any information received or discussed during executive session is privileged and confidential. IL Deliberations and Draft Decisions a. ZBA deliberations should be in public, but the ZBA can also deliberate in executive session since it is functioning as a quasi-judicial entity. The final decision, however, must be adopted in public. b. Draft decisions and advice from counsel are confidential and should not be disclosed to parties outside of the ZBA. Disclosing the contents of confidential information is a violation of this Code of Conduct and Section 26-11 of the Town Code. c. Board members should not discuss draft decisions or anticipated decisions with anyone other than Board Members and/or the Board Assistant until formally adopted by the Board. d. To end deliberations, a member should make a motion to vote on a particular action. III. Decorum and Conduct at Public Meetings a. Board members should be aware at all times that their personal views and beliefs are not relevant or productive evidence at public hearings. Regarding applications for variances, the only relevant concern is the statutory factors that must be weighed against the facts presented at the hearing. With respect to appeals from orders or interpretations of the Code, the focus of the ZBA should be on the actual facts and circumstances at issue. On the other hand, personal knowledge of particular members regarding the history of a parcel or neighborhood; or precedent is relevant. If a Board member disagrees with another Board member's recollection or opinion, they should not argue publicly but rather ask for additional information from the applicant to better determine whose recollection is more accurate. The Chair of the ZBA may direct a member that personal beliefs, agendas, or philosophies are not germane to the proceeding and that comments should be limited to the facts and statutory criteria. b. Board members should not express personal views regarding the existing codes and zoning laws. c. Board member should refrain from arguing against or making the case for an applicant at a public hearing. Rather, the burden lies with the applicant to present the strength of their appeal to the Board. If an applicant is unprepared to properly discuss their application or unable to do so, the Board may suggest to the applicant that they seek professional assistance and adj ourn the hearing to a later date. d. Members should refrain from asking questions that are perceived by the public/applicant as a negotiation for particular relief or a promise for a particular outcome. Members may discuss the potential impacts of varying amounts of alternative relief at a public hearing to ascertain if an applicant has requested the minimum relief required but it is not necessary to determine at the hearing the exact amount the Board may ultimately decide to grant. e. Members should treat the public and other Board members with respect and civility at all times. The Chair of the ZBA can control conduct at public hearings (Regular Meetings) and Special Meetings. More specifically at public meetings: i. A ZBA member will always treat fellow members with the respect that he or she would expect to receive in return. ii. A ZBA member will always address a citizen with respect and patience. iii. A ZBA member will not make accusatory or disparaging remarks towards a fellow ZBA member, a citizen, or Town employee. f Outside of a ZBA public meeting, a ZBA member will not make accusatory or disparaging remarks towards a fellow ZBA member, a citizen, or Town employee. g. Advice from counsel should be received by the Board in executive session. If a legal question arises during a public hearing, counsel should either be approached by the Board Chair or a particular member off the record, or the Board Chair or a member should make a motion to enter executive session for the purpose of receiving advice from counsel. Unless authorized by a majority of the Board, confidential communications with counsel, whether written or verbal cannot be disclosed to third parties. During public sessions, questions to counsel should be limited to matters of procedure. Questions on substantive issues, including counsel's interpretation of code provisions, should be reserved for executive session. h. The ZBA shall not engage in pre-decision public debate on whether or not the applicant has proven entitlement to relief. ZBA members shall listen to the facts presented at the hearing, ask questions for clarification, request additional information, etc., but should not comment on the merits or how they are likely to vote on a forthcoming decision. i. Board members must be mindful that anything stated in a public meeting may be recorded and should act accordingly. IV. Post-Decision Conduct a. Once a decision is adopted by the majority, the decision becomes the decision of the Board. All members are bound by the decision whether they voted for or against it. Public comments against the decision are discouraged since it may adversely affect the Board and Town in subsequent deliberations and in the instance that the decision is challenged via an Article 78 Proceeding. b. Board members and the Board Chair should not talk to the newspapers, the applicant or their representatives, or the public about any decision rendered by the Board for at least 30 days from the date of the Chairperson's signing of the decision (the time frame in which an Article 78 may be filed). If a conversation does occur after that period, the Chair or member should refer the inquirer to the transcript of the public hearing and indicate that the decision was made in accordance with a process prescribed by law. V. Board Members Holding Other Positions Within the Town Board members should not hold any other Town position that is incompatible with its position as a member of the ZBA. As an example, a ZBA member cannot be a Town Board member nor can a member be employed by the Building Department. If a member of the ZBA has a concern or question regarding the compatibility of Town Position with the duties of being a ZBA member, the member may request an opinion of the Town Ethics Board. VI. Gifts to Board Members Members of the Zoning Board ofAppeals shall not accept gifts of any denomination from applicants to the ZBA either while an application is under consideration by the Board, or after a decision by the Board has been rendered. VII. Review and Amendments a. After this Code of Conduct is adopted by the ZBA, the ZBA shall have the authority to modify or amend portions hereof by resolution approved by the majority of the members. b. This Code of Conduct will be reviewed annually at the first ZBA meeting in January where possible, but no later than February of each year. This policy was duly adopted by the Zoning Board of Appeals of the Town of Southold on April 5, 2012 VOTE OF THE BOARD: ADOPTED (4-0) MOVER: Leslie Kanes Weisman, Chairperson SECONDER: Gerard P. Goehringer, Member AYES: Members Goehringer, Horning, Schneider, Weisman (Chairperson). Member Dinizio was absent This policy was duly re-adopted, as amended (changes in italic) by the Zoning Board of Appeals of the Town of Southold on August 16, 2012 VOTE OF THE BOARD: ADOPTED (5-0) MOVER: Leslie Kanes Weisman, Chairperson SECONDER: Gerard P. Goehringer, Member AYES: Members Goehringer, Horning, Schneider, Weisman (Chairperson), Dinizio. This policy was duly re- adopted, as written with no changes or additions, by the Zoning Board ofAppeals of the Town ofSouthold on January 3, 2013. VOTE OF THE BOARD: ADOPTED (5-0) MOVER: Leslie Kanes Weisman, Chairperson SECONDER: Gerard P. Goehringer, Member AYES: Members Goehringer, Horning, Schneider, Weisman (Chairperson), Dinizio. This policy was duly re- adopted, as written with no changes or additions, by the Zoning Board ofAppeals of the Town ofSouthold on January 9, 2014. VOTE OF THE BOARD: ADOPTED (5-0) MOVER: Leslie Kanes Weisman, Chairperson SECONDER: Ken Schneider, Member AYES: Members Dames, Goehringer, Horning, Schneider, Weisman (Chairperson),