ORD 98-16 PLANNING COMMISSIONORDINANCE NO. 98-16
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the planning commission; mending section 2.36.030 of
the Bainbridge Island Municipal Code; and adding a new section
2.36.090 to the Bainbridge Island Municipal Code.
WHEREAS, the City Council desires to clarify the consequences of a planning
commission member acting as a representative of an applicant on a matter that will come
before the planning commission; now, therefore
THE CITY COUNCIL OF TtF_, CITY
WASHINGTON, DO ORDAIN AS FOLLOWS:
OF BAINBRIDGE ISLAND,
Section 1. Section 2.36.030 of the Bainbridge Island Municipal Code is mended
as follows:
A. A member appointc, d to the planning commission shall forfeit their office,
creating a vacancy if they ccasc to have the qualifications prcscribc, d for such officc by law
or ordinance, or if they arc convicted of a crime involving a violation of the oath of officc.
B. A planning commission member shall forfeit their officc if they fail to attend
t.h:ec regular me, clings of the planning commission within a thrc~ month period or fail to
attend three consecutive me, clings without being excused by a majority vote of the
planning commission.
C. If a member of the planning commission desires to act as an advocate, agent or
representative of a land use applicant for a pending land use application, the member shall
resign their position on the planning commission as such conduct shall represent a conflict
of interest and a violation of thc appearancc of fairncss doctrine.
disqualified from participating on a pending land use application if they or their employer
is entitled to receive anything of value from the land use applicant for the land use matter
that is before the commission.
E. The uncxpired portion of the term of a member removed pursuant to this
section shall bc filled by a person duly appointed by the mayor with the approval of the
city council.
A planning commission office shall become vacant and forfeited upon the occurrence of
the following events:
1. Failure to posses the qualifications of office as prescribed by statute or
ordinance;
2. Failure to attend three regular meetings within a three-month period; or
3. Failure to attend three consecutive meetings without bein~ excused by the
chair of the planning commission.
Any unexpired term of a vacant or forfeited office shall be filled by a qualified person
appointed by the mayor and confirmed by the city council.
Section 2. A new section 2.36.090 is added to the Bainbridge Island Municipal
Code as follows:
If a planning commission member is an applicant or a paid or unpaid advocate, agent or
representative for an applicant on a comprehensive plan amendment or land use permit or
approval that will be reviewed or considered by the planning commission, the planning
commission member shall not participate in a decision or recommendation on the
application.
Section 3. This Ordinance shall take effect and be in force five days af[er its
passage, approval and publication as provided by law.
PASSED by the City Council this 15 day of October
APPROVED by the Mayor thisl 6 day of 0 c t o b e r
,1998.
,1998.
ATTEST/AUTHENTICATE:
~g~~.~per,(~~ity Cle-'/~rk''~
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLICATION DATE:
EFFECTIVE DATE:
ORDINANCE NO.:
February 13, 1998
October 15, 1998
October 21, 1998
October 26, 1998
98-16