OKC Board of Appeals elects officers, defers amended bylaws to city council after debate over outside contacts and site visits

The Oklahoma City Building and Fire Code Board of Appeals elected Kyle Lombardo as chair and Tommy Willis as vice chair, approved the minutes and voted to send proposed amended bylaws to the City Council for review during its March 12 meeting.

Board members spent most of the meeting discussing proposed changes to the board's bylaws, focusing on language in Section 5 about “attempts to influence members outside hearing,” the scope of site visits under Article 3, and Section 6 on conflict of interest. Members agreed to have city legal counsel clarify whether the draft language restricts routine, non-case-related contact and to return the revised text to council for review.

Lombardo was put forward as chair and the nomination received a second; the board approved the election by voice vote. Tommy Willis was nominated and elected vice chair the same way. The board also voted to approve the minutes for the previous meeting.

Discussion of the bylaws centered on one sentence in Section 5 that reads, in the draft, “no member of this board will listen to any person interested in any case pending before the board at any time, except at regular hearings.” Board members said the phrase “listen to any person” risked preventing members from having unrelated professional conversations with people who also have cases before the board. Board member Austin Burton said the sentence as written would bar routine, non‑case conversations and proposed revised wording to limit the restriction to discussions “concerning matters about any case pending before the board.” Burton asked legal counsel to confirm whether site visits and limited informational contacts are permitted.

Multiple members said site visits are valuable for understanding facts not evident in drawings and testimony. The draft bylaws’ Article 3, subsection D states the board “may listen to testimony and inspect any data or sites as it deems necessary to enable the board to render a fair and informed decision.” Several members asked legal counsel to clarify whether the draft language permits site inspections before or after hearings, and whether a small group visiting a site could create an appearance problem under Oklahoma’s open meetings laws.

Members also debated Section 6, conflict of interest. Board member Patrice asked the group to clarify that a member who has a professional connection to a case may participate in discussion to provide technical expertise but must recuse from voting on matters where they have a direct interest. Patrice asked legal counsel whether such a professional could still address the board as a private citizen if recused from voting. Staff and other members agreed this was a question for counsel.

The draft bylaws would also change membership composition: the draft reduces the number of citizen members with building experience from three to two and adds two positions specified for fire‑service expertise; the board will remain seven members in total and currently shows one vacancy. Members discussed the option to have two mayoral alternate members included in the language so the mayor could appoint alternates if needed.

On procedure, the board agreed to incorporate paragraph 49.21 of Robert's Rules of Order (procedures for small boards) into the bylaws so the board can operate under a streamlined set of procedures appropriate for its size; members asked staff to insert the seven subpoints of that paragraph into Article 6. The board also directed staff to remove an attachment labeled “Robert's Rules of Order cheat sheet” from the draft.

After the discussion, the board voted to continue action on adopting the amended bylaws and asked staff to send the draft to City Council and to legal counsel for review and formal opinion on the sections discussed. The motion to continue and seek council review passed by voice vote.

Votes at a glance - Elect chair: Motion to elect Kyle Lombardo as chair; mover: Tommy Willis; second: Patrice; outcome: approved (voice vote; tally not specified). - Elect vice chair: Motion to elect Tommy Willis as vice chair; mover: not specified in transcript; second: not specified; outcome: approved (voice vote; tally not specified). - Approve minutes: Motion to approve previous meeting minutes; outcome: approved (voice vote). - Amended bylaws: Motion to continue adoption and send amended bylaws to City Council and legal counsel for review; outcome: approved (voice vote).

The board had no new or continued hearings on building or fire cases at the meeting and adjourned after the bylaws discussion and the votes.