Sec. 2-5-40. Challenges of members for bias.
(a) Any person whose rights may be prejudiced may challenge, after public notice and at least forty-eight (48) hours prior to the public hearing, any member of any Town board or commission for bias in the exercise of any quasi-judicial proceeding as defined in Section 2-4-20 of this Chapter.
(b) Bias, for purposes of this Section, shall mean a state of mind or a predisposition to decide an issue in a predetermined way resulting in an inability to exercise a discretionary function in an impartial manner and without prejudice to the rights of the party challenging the member. Bias may exist, among other times, in the following circumstances:
(1) Where the decision-maker, applicant or petitioner has been the target of personal abuse or criticism from the other.
(2) Where the decision-maker is involved in a conflict with the petitioner or applicant; or
(3) The decision-maker might have prejudged the case because of prior participation as a complainant, investigator, fact-finder or initial decision-maker.
(c) Any person wishing to challenge a member of a board or commission for bias may challenge him or her by filing a notice of challenge with the Town Clerk, who shall immediately notify the Mayor. The Mayor shall, in consultation with the Town Attorney and Town Clerk, conduct a preliminary inquiry to determine if there is substance to the challenge. If the Mayor determines that there is substance to the challenge, the Mayor shall accept the challenge for review in the manner prescribed in Subsection (d) below. If the challenge is found to be without substance, it will be deemed denied.
(d) The Mayor shall schedule the challenge for consideration by the Town Council at the earliest opportunity. In the event that the challenge relates to proceedings that have already commenced before the board or commission, the proceedings shall be stayed or continued until the challenge is determined.
(e) The person making the challenge shall have the obligation to document any factual assertions made and shall have an opportunity to present his or her interpretation of the facts at issue. Likewise, anyone challenged shall have the right to respond to the challenge made.
(f) In the event the Town Council determines, by clear and convincing evidence, that bias exists, it shall disqualify the challenged member from further participation in the matter for which challenged, and may take such further action as the Town Council deems appropriate.
(g) The procedures contained herein are not exclusive and shall not preclude the reliance on any and all other procedures or remedies provided by law. (Prior code 2.30.040; Ord. 1288 §1, 2008)