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Corporate counsel reminds board to treat councilmember comments as personal opinion during hearings
Summary
At the Feb. 13 meeting the board heard a statement from corporate counsel reminding members that city councilmembers' comments during hearings should be treated as personal opinions, not official directives, to preserve the board's quasi-judicial impartiality.
Before adjourning on Feb. 13, the City of Davenport Zoning Board of Adjustment heard a statement from corporate counsel reminding members about impartiality rules in quasi-judicial proceedings.
"When a city council member speaks during a public hearing or submits comments on a matter before this board, those statements must be treated as the personal opinion of an individual citizen rather than an official directive or privileged input," said Laura, corporate counsel, as she read the prepared statement. The statement urged board members to weigh all testimony and evidence equally to avoid due process concerns.
The statement stressed that attempts—perceived or actual—to afford greater weight to comments from council members could undermine public confidence in the board's neutrality and the integrity of its decision-making process. "Please ensure that your deliberations remain grounded in the applicable ordinances and legal standards, rather than the identity of those providing input," the corporate counsel read.
Board members asked no follow-up questions; the chair then moved to adjourn.
