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Bangor HPC receives legal training on due process, FOA and conflicts of interest
Summary
City solicitor led an extended training for the Historic Preservation Commission on due process, the Freedom of Access Act, ex parte communications, conflict‑of‑interest rules and procedures for motions, continuances and reconsideration; members asked procedural and ethics questions and voted to continue training to the February meeting.
The Bangor Historic Preservation Commission spent the latter portion of its Jan. 8, 2026 meeting on legal training led by City Solicitor David Sabcheck, who reviewed the commission’s obligations as a decision‑making tribunal under the state constitution and the Freedom of Access Act (FOA).
"The commission decisions need to be based on the information presented to them and the process used to make the decisions needs to be fair," Sabcheck said, explaining due‑process obligations. He told members that records and communications involving commission business generally are public records and recommended that commissioners use a dedicated email account for commission business and retain meeting materials because they may be subject to FOA requests.
Sabcheck reviewed public‑proceeding requirements and how to use executive sessions lawfully: an executive session must be publicly noticed and can be called only by recorded roll call with a stated statutory reason. He warned against ex parte contacts, including texts and emails, and urged commissioners not to accept unsolicited evidence directly but to forward such materials to staff.
Training covered meeting procedure and motions: the commission follows its bylaws and "democratic rules of order," staff advised, and the chair should guide proceedings impartially. Commissioners asked how to balance quorum requirements with higher‑law vote thresholds (for example, the ordinance requires four affirmative votes for a certificate of appropriateness even when a quorum is three). Sabcheck recommended that staff assist in drafting findings and motions to provide resilience against appeals.
Members spent significant time on conflicts of interest and the city code of ethics. Sabcheck explained that a financial interest is a direct or indirect pecuniary interest (including ownership of shares) and that a member must disclose potential conflicts "before any substantive consideration of the matter." The commission votes whether a member has a conflict; if the majority finds a conflict, the member must leave the room and not participate in the decision.
On procedural remedies and timing, Sabcheck reviewed the commission’s reconsideration rules: commissioners can move to reconsider a decision within 10 days in specific circumstances; an applicant may request reconsideration in writing within three business days of a decision, which then triggers a new hearing and public notice.
The commission voted to continue a planned additional training presentation and related discussion of meeting frequency to the February 2026 meeting to ensure sufficient time and availability of legal staff. City legal staff confirmed they will provide counsel at future meetings when requested by staff.
The chair closed the training portion and adjourned the meeting after the continuation motion passed.
