Council adopts policy to respect Board of Adjustment’s rules on family appointments

The Dayton City Council adopted Resolution R2025-16, agreeing to adhere to section 4 (new member application review) of the Board of Adjustment’s proposed rules of procedure, which ask that council avoid appointing relatives of council members to the board.

Taylor Choate, who identified himself as the chairman of the Board of Adjustments, asked council to "pass this resolution that would eliminate any type of conflict of interest of a council member's family member serving on the board," arguing the board seeks separation and independence from council. The board’s proposed language also states it should not have relatives of current members and recommends removal of a board member if a relative is later elected to council.

City staff and the city attorney explained these rules are advisory: council makes final appointment decisions under the Local Government Code. As one staff speaker said, "these are recommendations by this board. Council gets to make the decisions." Council members discussed additional eligibility considerations, including whether board members should live inside city limits or the extraterritorial jurisdiction given the board’s quasi-judicial role.

Council debated tabling versus adopting the policy and noted no immediate appointments were pending; however, a motion to adopt the resolution passed on a voice vote. Staff said the rules and procedures had been vetted with the board and that any removal of a board member in the future would require statutory hearing procedures.

Council members urged careful vetting of applicants given the Board of Adjustment’s legal authority to hear variances and the potential for appeals to district court.