Planning board receives legal refresher on Robert’s Rules, ex parte communications and conflicts of interest; staff expects code review report in June

Assistant Solicitor Grace Innes told the Bangor City Planning Board on May 6 that a recently passed ordinance amendment clarifies that Robert’s Rules of Order apply to decision‑making boards in the city and that the board’s bylaws (section 8(e)) also require the use of those rules.

Innes gave a brief refresher on several legal topics relevant to board members: quorum requirements (a quorum is five members under the city code and the board’s bylaws); ex parte communication (the bylaws prohibit board members from discussing pending applications outside of a public meeting); conflicts of interest (members should recuse themselves if they or immediate family have a financial or a “special” interest); and due process (the board must treat individuals fairly and resolve matters according to established procedures). She said the city passed an ordinance amendment to make the applicability of Robert’s Rules explicit for decision‑making boards and distributed the amendment to board members.

Why it matters: These rules shape how the board conducts hearings and reaches decisions. Clear guidance on ex parte contacts and conflicts helps preserve the public hearing record and reduces risk of procedural challenge.

Substantive points from the refresher: - Robert’s Rules: The amendment clarifies applicability to decision‑making boards; the board already follows Robert’s Rules in practice, Innes said. The bylaws’ section 8(e) likewise requires it. - Quorum: The city code and bylaws set a quorum at five members; meetings cannot proceed without a quorum. - Ex parte communications: Section 5 of the board’s bylaws forbids board members from discussing pending applications outside the public meeting; members with questions should direct them to city staff. - Conflicts of interest: Innes explained the difference between a direct/financial interest and a “special” interest that may peculiarly affect an individual or group; if the board votes that a member has a conflict, that person must leave the room during deliberation and voting. - Due process: Decisions must be unbiased, fair and impartial, consistent with established rules and principles.

Public comment management and chair role: Board members discussed how to handle public comments that stray from the board’s jurisdiction (for example, nuisance complaints unrelated to a land‑use application). The chair and members agreed they can direct commenters to appropriate city departments and should avoid extended colloquy during comment periods. The chair runs the meeting but members may flag when discussion is outside the board’s scope.

Code review update and logistics: Planning Officer Anya Collette said staff had received a draft technical report from the code review consultants (about 45 pages) and would review it internally before releasing it for public review and discussion with the board and City Council, likely in June. Collette said the consulting firm is based out of Portland.

Staff announcement: Planning Analyst Brian Skinnell announced his last day with the city would be Thursday and said he will begin graduate planning studies at New York University in the fall. Board members congratulated him.

No formal vote was taken on the legal training or the code review update; the session was a staff briefing and policy refresher.