ARTICLE I - RULES OF PROCEDURE

1. By-Laws. These By-Laws govern rules for the Ford County Zoning Board not in conflict with the Dodge City-Ford County interlocal agreement, locally adopted resolutions, and state statutes.

2. Interlocal Agreement. An interlocal agreement has been adopted by the Ford County Commission and participating municipalities within Ford County for the establishment of the Ford County Zoning Board. That agreement specifies several membership, powers, duties, and procedures rules for the Zoning Board to follow. This interlocal agreement, and any amendments thereto, are incorporated into these By-Laws by reference.

3. Resolutions. Locally adopted resolutions establish certain procedures and policies for the Ford County Zoning Board. These resolutions may include zoning, subdivision regulations, and other resolutions regulating the development and use of land. The procedures set forth in such local resolutions supplement these By-Laws.

4. State Statutes. Procedures for making recommendations and adopting or amending certain plans, policies, and resolutions are set forth in the Kansas Statutes, Annotated. Those statutory provisions supplement these By-Laws, and take precedent in instances of conflict.

ARTICLE II - MEMBERSHIP

1. Vacancies. When any member has three consecutive and unexcused absences, or is absent from one-half of the regular meetings in any calendar year for whatever reason, the Zoning Board may declare that position vacant. The Zoning Board would then notify the Ford County Commission to replace that person.

2. Unexpired Terms. When a vacancy exists, a new appointment shall be made for the duration of the unexpired term.

ARTICLE III - OFFICERS

1. Annual Meeting. At the (May) regular meeting of each year, the Zoning Board shall elect a Chairperson, Vice-Chairperson, and Secretary for the following twelve months. Officers shall be elected by a simple majority vote. Officers shall serve for a one-year term, and may succeed themselves for one additional term.

2. Chairperson. The Chairperson shall preside over all meetings of the Zoning Board; shall decide all matters or procedures and points of order; and shall certify plans, policies, recommendations and resolutions.

3. Vice-Chairperson. The Vice-Chairperson shall assume the duties of the Chairperson in his or her absence.

4. Secretary. The Ford County Zoning Board shall elect the Secretary. The Secretary shall be responsible for all administrative matters coming before the Zoning Board.

ARTICLE IV - MEETINGS

1. Regular. The Zoning Board shall hold regular meetings on the (fourth Monday of each month at 7:30 p.m. during the summer and 7:00 p.m. during the winter, in the Ford County Government Building, or at other suitable locations and times).

2. Special. The Chairperson may call special meetings from time to time. Members shall be given at least three days notice of any special meeting. Special meetings shall not be routinely called for the convenience of a petitioner.

3. Adjourned. The Zoning Board may adjourn to a continued meeting as necessary for the conduct of business.

4. Executive Session. The Zoning Board may adjourn into executive session to discuss pending or potential litigation, personnel matters, and sensitive land acquisition/development information. The Zoning Board must vote to adjourn into executive session, with the purpose stated in the motion. No official action shall be taken while in executive session. An executive session shall not be called to discuss any issue or item properly before a scheduled public hearing.

5. Quorum. A quorum shall be a simple majority of the entire membership. Membership vacancies shall be counted when determining presence of a quorum. A quorum must be physically present for business to be conducted.

6. Agenda. Meeting agendas shall be set by the Secretary and reviewed by the Chairperson.

7. Order of Business. The order of business shall be as follows, unless changed by the Zoning Board.

Call to order and roll call
Approval of previous meeting minutes
Public Hearings/Presentations
Old Business
New Business
Notices and Communications

Reports
Adjournment

ARTICLE V - PUBLIC HEARINGS

Certain agenda items require a public hearing before the Zoning Board. The Board establishes the following rules for public hearings.

1. Order of Business. The order of business for public hearings shall be as follows. Applicants must be represented (by themselves or by agents) for their cases to be heard by the Zoning Board.

Announcement of case
Staff reports
Applicant argument
Audience comments pro
Audience comments against
Applicant rebuttal
Closure of public hearing
Board motion, second, discussion and vote

2. Rules of Civil Procedure. The Zoning Board is a body of lay citizens appointed by the governing body. Strict rules of evidence and civil procedure are not required for the Zoning Board to perform its functions.

3. Right to be Heard, Limitations. All interested parties have a right to be heard at a public hearing. The Chairperson has the right to impose time and content limits when necessary for all persons to be heard. Such limits shall normally be announced prior to the public hearing. Content limits shall be in order when comments become excessively repetitive; and when items are brought forth beyond the scope of the Zoning Board. Nothing in this provision precludes the Chairperson from maintaining proper order during the public hearing process.

4. Comments to the Board. All public hearing comments shall be to the Zoning Board. Questions shall not be asked nor answered by any public hearing participants except through a Zoning Board member.

5. Written Comments. Comments submitted in writing prior to a public hearing shall be read by staff, and shall be considered by the Board as if the writer were present.

6. Minutes/Transcripts. Minutes will be made available to the public upon request after adoption by the Zoning Board. Draft copies of minutes may be released prior to adoption, but shall in no manner be considered official. Tape recordings shall be made of Zoning Board public hearings. Any person desiring a transcript from such recording shall make the request in writing. A separate fee set by the Ford County Commission shall be charged for this service. Tapes of meetings will be kept for six months. Such recording and transcribing is prepared by city staff. If an applicant or objector desires a certified court reporter’s transcription of a public hearing, prior arrangements must be made. Reimbursement for such services shall be the responsibility of the person making the request.

ARTICLE VI - VOTING

1. Majority. An affirmative vote of a simple majority of a quorum is necessary for the Zoning Board to act upon routine matters. Certain items statutorily require a greater majority, and in those instances, the Kansas Statutes, Annotated prevail.

2. Manner of Voting. Items before the Zoning Board statutorily requiring a public hearing and/or official recommendation shall be decided upon a written vote. Routine matters of business may be decided upon of show of hands or voice vote, unless a Zoning Board member requests a roll call.

3. Chairperson Voting. The Chairperson or person acting as Chairperson shall not vote on matters before the Zoning Board, except in order to break a tie.

4. Disqualification. A member with a conflict of interest in any matter before the Zoning Board shall state the nature of such conflict; and shall abstain from deliberation and voting on said matter. If a member claims that another member has a conflict of interest without self-disqualification, the Zoning Board shall consider and possibly vote on whether a true conflict exists; with the Zoning Board imposing a disqualification.

ARTICLE VII - COMMITTEES

The chairperson shall from time to time appoint standing and/or ad hoc committees as needed to efficiently perform the duties of the Zoning Board.

ARTICLE VIII - PARLIAMENTARY PROCEDURE

Procedural issues not addressed by these By-Laws, the interlocal agreement, local ordinances, or applicable state statutes shall be governed by Robert’s Rules of Order, Revised.

ARTICLE IX - ETHICS

1. Serve the Public Interest. The primary obligation of Zoning Board members and zoning staff is to serve the public interest.

2. Support Citizen Participation in Zoning. Because the definition of the public interest is modified continuously, Zoning Board members and zoning staff must recognize the right of citizens to seek to influence zoning decisions that affect their well-being. Members should encourage a forum for meaningful citizen participation and expression in the zoning process and assist in clarifying community goals, objectives, and policies.

3. Recognize the Comprehensive and Long Range Nature of Zoning Decisions. Zoning Board members and zoning staff should recognize and give special consideration to the comprehensive and long-range nature of zoning decisions. Zoning Board members and zoning staff must seek to balance and integrate physical (including historical, cultural, and natural), economic, and social characteristics of the community or area affected by those decisions. Zoning Board members and the zoning staff must gather all relevant facts, consider responsible alternative approaches, and evaluate the means of accomplishing them. Zoning Board members and zoning staff should expressly evaluate foreseeable consequences before making a recommendation or decision.

4. Expand Choice and Opportunity for All Persons. Zoning Board members and zoning staff should strive to make decisions which increase choice and opportunity for all persons; recognize a special responsibility to plan for the needs of disadvantaged people; and urge that policies, institutions, decisions which restrict choices and opportunities be changed.

5. Facilitate Coordination Through the Zoning Process. Zoning Board members and zoning staff must encourage coordination of the zoning process. The zoning process should enable those concerned with an issue to learn what other participants are doing, thus permitting coordination of activities and efforts and accommodation of interests. Zoning Board members and zoning staff should strive to ensure that individuals and public and private agencies likely to be affected by a prospective zoning decision receive adequate information far enough in advance of the decision to allow their meaningful participation.

6. Avoid Conflict of Interest. To avoid conflict of interest and even the appearance of impropriety, Zoning Board members who may receive some private benefit from a public zoning decision must not participate in that decision. The private benefit may be direct or indirect, create a material personal gain, or provide an advantage to a immediate relation. (Immediate relation is defined as any person directly related by blood, marriage, or adoption.) A member with a conflict of interest must make that interest public, abstain from voting on the matter, not participate in any deliberations on the matter, and step down from the Zoning Board and participate as a member of the public when such deliberations are to take place. The member must not discuss the matter privately with any other member voting on the matter.

7. Render Thorough and Diligent Planning Service. Zoning Board members and zoning staff must render thorough and diligent planning service. Should a Zoning Board member or members of staff believe s/he can no longer render such service in a thorough and diligent manner, s/he should resign from the position. If a member has not sufficiently reviewed relevant facts and advice affecting a public zoning decision, the member must not participate in that decision.

8. Not Seek or Offer Favors. Zoning Board members and members of staff must seek no favor. Zoning Board members and zoning staff must not directly or indirectly solicit any gift or accept or receive any gift (whether in money, services, loans, travel, entertainment, hospitality, promises, or in some other form) under circumstances in which it could be reasonably inferred that the gift was intended or could reasonably be expected to be intended to influence them in the performance of their duties; or that it was intended or could reasonably be construed to be intended as a reward for any recommendation or decision on their part. Individuals must not offer any gifts or favors intended to influence the recommendation or decision of Zoning Board members or zoning staff.

9. Not Disclose or Improperly Use Confidential Information for Financial Gain. Zoning Board members and zoning staff must not disclose or use confidential information obtained in the course of their planning duties for financial or other gain. A Zoning Board member or member of staff must not disclose to others confidential information acquired in the course of their duties or use it to further a personal interest. Exceptions to this requirement of non-disclosure may be made only when (a) required by process of law, (b) required to prevent a clear violation of law, or (c) required to prevent substantial injury to the public. Disclosure pursuant to (b) and (c) must not be made until after the Zoning Board member or member of staff has made reasonable efforts to verify the facts and issues involved, obtain reconsideration of the matter, and obtain separate opinions on the issue from other planners or officials.

10. Ensure Access to Public Zoning Reports and Studies on an Equal Basis. Zoning Board members and zoning staff must ensure that reports and records of the public zoning body are open equally to all members of the public. All non-confidential information available to a member or zoning staff must be made available in the same form to the public in a timely manner at reasonable or no cost.

11. Ensure Full Disclosure at Public Hearings. Zoning Board members and staff members must ensure that the presentation of information on behalf of any party to a zoning question occurs only at the scheduled public hearing on the question, not in private, unofficially, or with other interested parties absent. The official must make partisan information regarding the question (received in the mail, by telephone, or other communication) part of the public record.

12. Maintain Public Confidence. A Zoning Board member or member of staff must conduct himself/herself publicly so as to maintain public confidence in the public planning body, and the official’s performance of the public trust.

ARTICLE X - AMENDMENTS

These By-Laws may be amended as needed by an affirmative vote of a majority of the entire membership of the Zoning Board.

APPROVED BY THE FORD COUNTY ZONING BOARD, THIS 27 TH DAY OF MAY , 1997.

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CHAIRPERSON, Lowell A. Brakey SECRETARY, Kevin Shrader