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Committee advised not to discuss VOS/boss building outside July public hearing; recusal questions raised
Summary
Staff reminded the Historic Preservation Committee that a public hearing on the VOS/boss building designation is scheduled for July 7 and that members should avoid ex parte discussions; several members said they may need to recuse themselves and asked staff to seek legal guidance on whether they can testify in a non‑voting capacity.
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The committee received a staff reminder that the VOS/boss building designation is scheduled for a noticed public hearing at the committee’s next meeting on July 7. Staff advised members that discussing the matter outside the noticed hearing could constitute an ex parte communication and could jeopardize the fairness of the public process.
Several members expressed frustration at being excluded from parallel discussions between the city and the property owner and asked for transparency about staff and council roles. Multiple members said they expect to recuse from any vote tied to the owner and asked whether they could nevertheless participate in the hearing by testifying or representing the owner in a different capacity. Staff said they would consult legal counsel to clarify when committee members may “change hats” and what participation is allowed in a public hearing when a member must recuse from voting.
Staff also noted council was advised by the city attorney not to attend the committee meeting because of ongoing matters, and the committee asked staff to follow up with legal counsel to provide explicit guidance on recusal and testimony rules before the July hearing.

