Laserfiche WebLink
recusal to which it was stated that it is not required to state the reason for recusal. The Chair asked about <br /> a project that, while being discussed,, a Commissioner realizes a recusal must be requested to which it was <br /> determined that the Commissioner-should request the recusal as soon as possible and be based solely on <br /> conflict of interest. Members questioned examples of when the project is a conflict of interest such as ars <br /> owner in condominium or an abutter(within 100 feet)to a project. Agent McManus has a handout <br /> regarding specific reasons for Conflict of Interest which he will distribute to the Commission. Mr. Pinaud <br /> recommends that the Commission put their documents in a binder for quick reference during heir <br /> meetings. Agent McManus reminded the Commission that a Commissioner sioner can abstain from voting but <br /> that they should be aware that the quorum could be affected. The Rule of Necessity can only be invoked <br /> if a Commissioner is recusing oneself under Conflict of Interest. Tl'e Agent further stated that if <br /> Commissioner is uncomfortable with the project and considering an abstention, be reminded that a no <br /> vote is also allowed. If there is a concern related to the project that does not fall under Conflict of <br /> Interest the information should be shared with theCommission- The Commission discussed making <br /> motion for a Continuance to which it was reminded that there must be a valid reason', on the record, for <br /> the Continuance. <br /> Conflict of Interest <br /> Commissioners should ensure that they do not meet the criteria for Conflict of Interest when they are <br /> considering a project. Commissioners are considered municipal employees as stated in the definition. <br /> Additionally, Commissioners are reminded not to discuss details outside of the public forum with one <br /> another. It was clarified that ema.ils and discussions directly with the Agent are acceptable. <br /> Commissioners may not spew directly with applicants except during the public meeting. <br /> Ms. Costa questioned how the Commission can ensure that each member has the same information to <br /> consider a project, to which Agent McManu recommended that each Commissioner take the initiative to <br /> fully inform themselves about the issues. The Chair agreed that before the Commission votes on any <br /> project, Commissioners must be fully informed. Assistant Agent Lei hold asked if it would be helpful to <br /> have a copy of the filing in advance of the meeting to be better informed about the project. Mr. Pinaud <br /> noted that, in the past, larger and more contentions project filings had been forwarded to Commissioners <br /> for earlier review, along with a reminder o the appropriate By-laws. For the more routine l roj e t , it <br /> may be unnecessary to have the added paperwork. Assistant Agent Leidhold thought it might expedite <br /> the meeting process if the information was available in advance. The Conservation Department could <br /> notify the Commissioners when the information is available for the larger projects. The Assistant Agent <br /> reminded the Commission of the necessity to be consistent so that no one feels disregarded. <br /> Rule of Necessity 0 <br /> _ <br /> Rule of Necessity is a vete that can only be used in the case of Conflict of Interest. The applicant would <br /> have a right to request a Continuance. Rule ofl Necessity occurs when the meeting starts as a quorum but <br /> a Commissioner asks for a recusal and thea must be asked to vote. The Chair asked for clarification <br /> because he understood it as a vote being allowed to occur without a quorum due to the recusal. Ms. Costa <br /> agreed that she understood Ryle of Necessity to mean that the vote could tape place without the quorum <br /> according to information from Town Counsel. Agent McManus re-read the Rule of Necessity which <br /> permits the participation of the disqualified member. <br /> Executive Session <br /> Agent McManus will distribute the 9 specific purposes for calling ars Executive Session which typically <br /> involves legal matters, personnel issues, land acquisition or personal issues. Typically a reason is <br /> Provided when the Commission must go into Executive Session. <br /> Clarity and Consistent <br />