§ 36-7-4-223 — Membership of commission; conflict of interest; disqualification

(a) This section does not apply to the
preparation or adoption of a comprehensive plan under the 500 series
of this chapter.
(b) A member of a plan commission or a legislative body is
disqualified and may not participate as a member of the plan
commission or legislative body in a hearing or recommendation of that
commission or body concerning a legislative act as described in section
1016 of this chapter in which the member has a direct or indirect
financial interest. The commission or body shall enter in its records the
fact that its member has such a disqualification.
(c) A member of a plan commission is disqualified and may not
participate in a hearing of that commission concerning a zoning
decision as described in section 1016 of this chapter if:
(1) the member is biased or prejudiced or otherwise unable to be
impartial; or
(2) the member has a direct or indirect financial interest in the
outcome of the zoning decision.
(d) The plan commission shall enter in the plan commission's
records:
(1) the fact that a regular member has a disqualification under
subsection (c); and
(2) the name of the alternate member, if any, who participates in
the hearing in place of the regular member.
(e) A member of a plan commission or a legislative body may not
directly or personally represent another person in a hearing before that
commission or body concerning a zoning decision or a legislative act.
(f) A member of a plan commission may not receive any mileage or
compensation under section 222.5 of this chapter for attendance at a
meeting if the member is disqualified under this section from
participating in the entire meeting.
[Pre-Local Government Recodification Citations:
18-7-4-223; 18-7-5-1 part.]
As added by Acts 1981, P.L.309, SEC.23. Amended by Acts
1981, P.L.310, SEC.14; P.L.154-1993, SEC.4; P.L.126-2011,
SEC.12.