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36-7-11.3-30. Reasons for disqualification of members from voting on matters; abstention of member

IN Code § 36-7-11.3-30 (2019) (N/A)
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Sec. 30. (a) A member of the commission is not disqualified from hearing and voting upon a matter coming before the commission because the member:

(1) owns or occupies primary or secondary property; or

(2) belongs to a neighborhood association.

(b) A member of the commission may abstain from voting on a matter if the member states reasons in the record.

(c) A member of the commission is disqualified from voting if:

(1) the member is an owner or occupant of:

(A) the subject property; or

(B) primary or secondary property of which a part lies within one hundred (100) feet of the subject property; or

(2) the member is a person described by section 50(a)(2)(D) of this chapter.

(d) If by virtue of the abstention of a member of the commission there is not present at a hearing upon a matter at least six (6) members of the commission able to vote on the matter, the chair shall redocket the matter for a hearing or rehearing at:

(1) the next regular meeting of the commission; or

(2) a special meeting set for a date not more than thirty (30) days following the date of the meeting at which the matter was or was to be heard.

[Pre-1995 Title 14 Recodification Citation: 14-3-3.2-9(a) part.]

As added by P.L.1-1995, SEC.84. Amended by P.L.127-2017, SEC.191.

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36-7-11.3-31. Private deliberations; conditions of favorable vote; private agreement on conditions