This chapter identifies the roles, duties, and responsibilities of various appointed and elected boards, commissions, referral agencies, consultants acting in the role of staff, and City staff in the administration of this Ordinance.

A.

Board and commission appointment and confirmation. Appointments to boards and commissions within the scope of this Ordinance shall be made and confirmed by the city council in accordance with the rules adopted by the city council.

B.

Conduct of boards and commissions. This section contains procedures that are common to all appointed boards and commissions under this chapter, including the planning commission and the board of adjustment.

1.

Absence of member. Any member of an appointed board of commission under this chapter anticipating an absence from a meeting of their board of commission shall so advise the chair or secretary prior to the meeting.

2.

Agenda. The agenda for each regular meeting of an appointed board or commission under this chapter shall be prepared by the secretary and shall be distributed to each member at least 24 hours prior to the meeting.

3.

Ordinance of ethics. The planning commission and the board of adjustment members shall, in the performance of their quasi-judicial, adjudicatory responsibilities in all matters before them, including all matters that their members should reasonably know or expect to come before them, shall:

a.

Make their decisions solely on the applicable law and the evidence in the record presented to the panel through the clerk or secretary of the board or commission or, when permitted, submitted to the panel in an open hearing on the record;

b.

Be impartial in fact and in appearance in the performance of their functions, which means that the panel and its members shall make their decisions without any actual or seemingly apparent personal or financial bias, prejudice, prejudgment or partiality with respect to any person, party, or principle of law; and

c.

Conduct their proceedings according to the applicable procedures provided by law.

4.

Conflict of interest.

a.

No member of an appointed board or commission under this chapter shall participate in any decision in which the board or commission determines either that such member has a conflict of interest, as defined in the Broken Arrow Municipal Code; or that such member has a personal interest or involvement in the case that would prevent that member from fairly evaluating the case; or that, based on all surrounding circumstances, participation by such member would create the appearance of impropriety in the proceedings.

b.

The determination shall take into consideration the interest of the public in boards and commissions that have familiarity with the community and its past and future development. No member shall be excused from participation solely on the basis of personal familiarity with the case or the parties involved.

c.

Any member who has a possible conflict of interest in a pending matter shall bring this information to the attention of the chair before the staff begins its presentation or as soon thereafter as the member recognizes his or her possible conflict. It shall be the responsibility of each member to fully disclose facts showing any known conflict of interest or other personal interest or involvement. Where appropriate, the conflict may be discussed in executive session.

d.

Immediately upon discovering the existence of any conflict of interest prohibited by this section, the Municipal Ordinance, or any state law applicable to local government officials, the board or commission member shall fully disclose on the record in open session of the board or commission the nature of and the facts creating the conflict and shall be disqualified from any participation in or communications with other members of the board or commission on the matter with which a conflict exists.

e.

A member who has a possible conflict of interest in a matter for decision may participate in that decision only upon the affirmative vote of a majority of all remaining commission members present. Such vote shall be recorded on the public record.

f.

Any member found by the board or commission to have a conflict of interest with regard to a particular matter shall not participate in any manner in that matter.

5.

Ex parte contacts prohibited.

a.

For the purposes of this subsection, ex parte contacts and communications are defined as the receipt, either directly or indirectly, of verbal, visual, or written communications outside a duly noticed, open hearing on the record at which all parties and all board or commission members have an opportunity to be present.

b.

Members of adjudicatory or quasi-judicial boards and commissions shall refrain from permitting ex parte contacts or communications with any person regarding any matter pending before or which may be reasonably expected to be pending before them.

c.

Ex parte contacts shall not influence quasi-judicial proceedings. If a member of an adjudicatory or quasi-judicial board or commission, as identified in this section, obtains information outside of the public hearing process, whether through inadvertent ex parte communications with interested parties or through specific personal knowledge of a case, they shall fully disclose the information or knowledge to the board or commission during the public hearing, along with the source of that information.

d.

Such ex parte communications or personal knowledge of a case shall not constitute a conflict of interest or other basis for excuse from participation in any case. Ex parte contacts shall be also prohibited for matters under reconsideration by the board.

e.

The prohibition against ex parte contacts remains in effect as long as a matter may reasonably be expected to come before the board or commission until after all appeal and remands for further consideration and reconsideration have concluded or the time for such proceedings has expired.

6.

Consent agenda. Any appointed board or commission under this chapter may establish a consent agenda. The consent agenda shall consist of all matters brought before the board or commission for action that do not require a public hearing. All items on the consent agenda shall be approved by motion without debate. An item may be removed from the consent agenda prior to the approval at the request of any member of the board or commission present at the meeting or by city staff if requested by the applicant. Items removed from the consent agenda shall be considered on the regular agenda.

7.

Quorum—Official action.

a.

A majority of the full membership of the board or commission shall constitute a quorum for the transaction of business.

b.

Action by the planning commission shall require the favorable vote of a majority of the members present. Action by the board of adjustment shall require the favorable vote of the majority of members of the fully constituted board, which shall include all appointed members not excused for conflict of interest in the board or commission action.

8.

Meetings open to public. All meetings of the appointed boards and commissions under this chapter shall be open to the public. Except when voice votes are authorized, the vote shall be conducted in such a manner that the public may know the vote of each person entitled to vote. This section does not apply to any votes required to be taken to organize a board or commission.

9.

Reconsideration or rehearing of decisions. Reconsideration or rehearing of decisions of any appointed board or commission are to be discouraged and shall be held only upon the request of a board or commission member on the prevailing side of the original vote (prevailing member) for the following reasons:

a.

The original decision was based upon a substantial procedural or jurisdictional error; or

b.

New relevant information that was not available at the time of the original hearing has been discovered; or

c.

The original decision was based upon fraud or misrepresentation.

Any person seeking reconsideration or a rehearing must file a request with the city clerk, together with materials supporting one (1) or more of the grounds stated in this subsection, within five working days of the original decision. A prevailing member may then consider the request based upon the above criteria. When a hearing is held upon a reconsideration or rehearing request, the board or commission, by a majority vote, may schedule a rehearing only if it finds the allegations to be correct. A rehearing shall be conducted in the same manner as the original proceedings before the board or commission.

10.

Removal of member. A member of any appointed board or commission under this chapter may be removed from office in the following circumstances:

a.

For cause; provided, that any individual whose removal is being considered by the council shall be entitled to notice and an opportunity to be heard prior to the decision to remove said individual.

b.

Applicable to all boards, commissions, trust, or other agencies of the city whose membership is appointed or confirmed by the city council and who meet at least monthly, whenever any member is absent from more than one-half of all meetings of the board, commission, trust, or other agency, held within any period of four consecutive months, the member shall thereupon cease to hold the appointive office.

c.

Applicable to all boards, commissions, trust, or other agencies of the city whose membership is appointed or confirmed by the city council, and who meet less often than monthly, whenever any member is absent for more than one-half of any four consecutive meetings, the member shall thereupon cease to hold the appointive office. Provided that emergency meetings may not be counted in the calculation, all at the city council's sole option and the council may excuse other absences.

11.

Representatives. Persons appearing before an appointed board or commission under this chapter may appear in person or through a representative, agent, or attorney. The representative shall provide satisfactory proof of his or her authority upon the request of the board or commission.

12.

Secretary. The director shall be the secretary of each appointed board and commission in this chapter. In the director's absence, another member of the planning staff as determined by the director shall act as secretary. the secretary shall cause to have a record kept of all meetings of each board or commission and shall keep such files as may be required.

13.

Applicability of other provisions. The provisions of this chapter shall not be a limitation on more restrictive rules regarding the conduct of boards and commissions set forth elsewhere in the Broken Arrow Municipal Code.

A.

Review and decision-making responsibilities. There shall be a planning commission, which shall have the powers and duties set forth in Table 6.1-1, to be carried out in accordance with the terms of this Ordinance.

B.

Other powers and duties. In addition, the planning commission shall have the following powers and duties, to be carried out in accordance with the terms of this Ordinance:

1.

Develop, review, and make recommendations to the city council regarding policies, plans, and ordinances to implement the municipal function of planning for the economic, social, and land use needs of the community; and

2.

Exercise such other powers, and perform such other duties, as are provided by law and directed by the city council.

C.

Appointments, membership, and rules.

1.

Requirements for appointments to the planning commission and operating rules are in chapter 2, article VIII, of the Broken Arrow Municipal Ordinance.

A.

Established. The board of adjustment is hereby established.

B.

Review and decision-making responsibilities. The board of adjustment shall have the review and decision-making responsibilities set forth in Table 6.1-1.

C.

Appointments, membership, and rules.

1.

Members and appointment of members. The board of adjustment shall consist of five members who shall be appointed by each council member subject to confirmation by a majority vote of the entire membership of the council. Beginning in August 2020, vacancies will be nominated by the representing council member from the ward where the board member was originally nominated (i.e. if a board member was nominated by a council member representing Ward 2, then the representative from Ward 2 may reappoint or appoint someone new to the board).

2.

Terms. Appointments to the board of adjustment shall be for staggered three-year terms.

3.

Chairman and secretary.

a.

The board of adjustment shall annually elect one of its members as chairperson.

b.

The board shall appoint a secretary who may be an officer of the municipality.

c.

The chairperson, or in his or her absence the acting chairperson, may administer oaths and compel the attendance of witnesses by subpoena.

4.

Removal from office/vacancies.

a.

The city council shall have the power to remove any member of the board of adjustment for just cause, upon written charges and after public hearing.

b.

Vacancies shall be filled by the city council, for the unexpired term of any member whose term becomes vacant.

5.

Quorum. A quorum of the board of adjustment shall be three members.

6.

Rules of conduct. The board shall adopt rules in accordance with the provisions of this section. Meetings of the board shall be held at the call of the chairperson and at such other times as the board may determine. All meetings shall be open to the public.

7.

Records. The board shall keep the minutes of its proceedings, showing the attendance and vote of each member upon each question, and shall keep records of its proceedings and the reason for all official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

(Ord. No. 3619, § I, 1-21-2020; Ord. No. 3651, § I, 9-1-2020)

A.

Review and decision-making responsibilities. Municipal departments shall have the review and decision-making responsibilities set forth in Table 6.1-1, to be carried out in accordance with the terms of this Ordinance. The departments also shall have such additional powers and duties as may be set forth elsewhere in this Ordinance and other ordinances of the city. The following departments have the general responsibilities set forth below.

B.

Planning division. The planning division shall act in an advisory and support capacity to the city council and boards and commissions listed in this chapter or as otherwise directed by the city council or city manager. The planning division shall review or coordinate the review of all applications under this Ordinance.