Elected officials, planning commissioners and board of adjustment members should review the following list in advance of hearing every application brought by a landowner to judge whether a situation might be present that would prevent them from taking part in the case:
Do you own the property that is the subject of this case?
Do you own property, the value of which may be affected by the decision in this case?
Could your business potentially benefit from, or be harmed by, the decision in this case? Could you be involved in the project as…
Do you have stock or any other type of ownership interest (including a silent limited partnership interest) in any company or organization that could potentially benefit from, or be harmed by, the decision in this case?
Are you on the board of, or a member of any not-for-profit organization that could potentially benefit from, or be harmed by, the decision in this case?
Could a member of your immediate family benefit from, or be harmed by, the decision in this case (consider property interests and the other potential situations posed by the previous questions)?
Has a party to the case spoken to you about the particulars outside the normal development review process?
Have you already made up your mind about this case?
Do you, or a member of your immediate family serve in another public office? If so, have you or that family member been involved in this case in that public capacity?
If you answered yes to any of these questions you should consult your city or county attorney to further investigate whether you should recuse yourself from the proceedings.