The Planning Commission for the Town of Weathersfield, Vermont, hereby adopt the following Rules of Procedure [hereinafter referred to as These Rules] in accordance with Title 24, Section §4461(a) and Title 1, Section §312(e), (f), and (h), of the Vermont Statutes Annotated.

Section II: Policy

These Rules are adopted to ensure consistent and fair treatment of applicants, interested persons, and participants, orderly and efficient public proceedings, and compliance with State and Federal laws. These Rules shall also ensure that no commissioner will gain a personal or financial advantage from his or her work for the commission, so that the public trust in municipal government will be preserved.

Section III: Definitions

A. "Commission" shall mean the Planning Commission;

B. "Commissioner" shall mean a regular member of the Planning Commission;

C. "Conflict of interest" shall mean any one of the following:
1. A direct or indirect personal interest of a commissioner, his or her spouse, household member, child, stepchild, parent, grandparent, grandchild, sibling, aunt or uncle, brother or sister in law, business associate, employer or employee, in the outcome of a cause, proceeding, application or any other matter pending before the Planning Commission;
2. A direct or indirect financial interest of a commissioner, his or her spouse, household member, child, stepchild, parent, grandparent, grandchild, sibling, aunt or uncle, brother or sister in law, business associate, employer or employee, in the outcome of a cause, proceeding, application or any other matter pending before the Planning Commission;
3. A situation where a commissioner has publicly displayed a prejudgment of the merits of a particular proceeding before the Commission. This shall not apply to a commissioner's particular political views or general opinion on a given issue;
4. A situation where a commissioner has not disclosed ex parte communications with a party in a proceeding before the Commission, pursuant to Section XII of these Rules;

D. "Deliberative session" shall mean a private session of the Commission to weigh, examine, and discuss the reasons for and against an act or decision, from which the public is excluded. There shall be no taking of evidence nor submission of testimony, nor shall a deliberative session be publicly noticed. The Commission may enter deliberative session by majority vote, and shall be deemed to be in deliberative session from the close of the final public hearing until the issuance of a written decision;

E. "Executive session" shall mean a session of the Commission from which the public is excluded, pursuant to 1 V.S.A. §313. Such private session may only be held for one of the reasons permitted by the statute, and no binding action may be taken in executive session;

F. "Ex parte communication" shall mean direct or indirect communication between a commissioner and any party, party's representative, party's counsel or any person interested in the outcome of any proceeding before the panel, that occurs outside of a public proceeding, and concerns the substance or merits of the proceeding;

G. "Official act or action" shall mean any legislative, administrative, or quasi-judicial act performed by any Commission;

H. "Public deliberations" means the weighing, examining, and discussing, in a public proceeding, the reasons for and against an act or decision, but expressly excludes the taking of evidence and the arguments of parties;

I. "Recuse" shall mean to remove oneself from a particular Commission proceeding because of a real or perceived conflict of interest.

Section IV: Regular Officers. (Amended 4/12/2010)

The Planning Commission shall consist of seven (7) regular members. After the annual appointments by the Select Board, but prior to May 1st of each year, or at other times throughout the year as needed, the Planning Commission shall hold an organizational meeting and elect by majority vote, a Chairperson, Vice-Chairperson, Clerk, and appoint a Recording Secretary, who may or may not be a member of the Commission.

A. The Chairperson shall preside at all meetings, hearings, and deliberative sessions, decide all points of order or procedure, and appoint members to any committee of the commission. The Chairperson may administer oaths and may request the attendance of witnesses and the production of material germane to any issue under consideration.

B. The Vice-Chairperson shall assume the duties of the Chairperson whenever the Chairperson is absent, or at the Chairperson's request. The Clerk shall assume such duties whenever the Chairperson and the Vice-Chairperson are absent, or at their request.

C. It shall be the duty of all commissioners to review the minutes and other official records of Planning Commission meetings and actions, and correct and ratify these when appropriate.

D. The Recording Secretary shall take minutes of all meetings.

Section V: Regular and Special Meetings (Amended 4/12/2010)

Regular meetings shall be held at Martin Memorial Hall, at 7 P.M., on the second and fourth Mondays of each month, or as warranted. The Chairperson may cancel meetings at any time.

A. Special meetings may be called by the Chairperson, provided at least twenty-four (24) hours notice is given to each commissioner, and the time and place of each special meeting is publicly announced at least twenty-four (24) hours before the meeting.

B. A quorum shall consist of a majority of the entire Commission.

C. Commissioners may participate by telephone, as long as the absent member can hear everything that is occurring at the meeting and everyone present at the meeting can hear the commissioner.

D. All meetings shall be open to the public unless the Planning Commission has entered a deliberative or executive session. The Commission may only hold an executive session pursuant to the reasons permitted by 1 V.S.A. §313, and only after a majority vote to enter executive session.

E. There shall be an agenda for each meeting. Those who wish to be added to the agenda shall contact the Land Use Administrator to arrange for a convenient time. The Chairperson shall determine the content of the agenda after consultation with the Land Use Administrator.

F. All business shall be conducted in the same order as it appears on the agenda, except, by majority vote, the Chairperson may alter the order of items to be considered.

G. The Chairperson shall rule on all questions of order or procedure and shall enforce these rules pursuant to 1 V.S.A. §312(h).

H. At the end of each meeting, there shall be a period of time reserved for public comment. The Chairperson may extend or reduce this period of time as necessary. Speakers may participate at other times throughout a meeting, but only when recognized by the Chair. Such comment shall be limited to three (3) minutes per speaker, unless by majority consent the Planning Commission sets a different time limit. The Commission shall apply consistent time limits to all recognized to speak.

I. Notice for hearings on the adoption, amendment, or repeal of the bylaw and other regulatory tools shall be pursuant to 24 V.S.A. §4444, as amended.

Section VI: Public Hearings and Order of Business (Amended July 27, 2009)

Public hearings shall be conducted as quasi-judicial proceedings pursuant to 1 V.S.A. §310(5)(B). Hearings shall be publicly noticed in accordance with 24 V.S.A. §§4444 and 4464(a)(1), (2), as amended, in a newspaper of general circulation within the Town and as designated annually by the Select Board. Participation at hearings shall be limited to the applicant and to those granted interested person status.

The Chair shall conduct the hearing in the following manner:

A. Open the hearing by reading the warning of the hearing.

B. Review the order of events, remind all present that the proceeding will be conducted in an orderly manner, and make copies of these Rules available.

C. Request disclosure of conflicts of interest and ex parte communications.

D. Review the definition of interested persons in 24 V.S.A. § 4465(b).

E. Explain that, pursuant to 24 V.S.A. § 4471(a), only an interested person who has participated in this proceeding may take an appeal of any decision issued in this proceeding.

F. Ask all who believe they meet the definition of interested person to identify themselves, demonstrate why they qualify for interested person status, and to provide contact information.

G. The commission may grant or deny interested person status, subject to the definitions established by 24 V.S.A. § 4465(b). The commission may hold a short deliberative session to consider interested person status, and shall issue its decision immediately upon returning to open session.

H. Direct the applicant or his/her representative and all interested persons to step forward and take the following oath: I hereby swear that the evidence I give in the cause under consideration shall be the whole truth and nothing but the truth so help me God (or, under the pains and penalties of perjury).

I. Accept written information presented to the commission.

J. Invite the applicant or applicant's representative to present such application or proposal.

K. Invite commission members to ask questions of the applicant or applicant's representative.

L. Invite interested persons to present information regarding the application or proposal.

M. Invite the applicant, applicant's representative, or interested persons to respond to information presented.

N. Invite more questions or comments from members of the commission.

O. The Chair shall allow members of the public who were denied interested person status and other members of the public to make comments or ask questions regarding the application or proposal. Such comments shall be limited to [three minutes] per person, unless by majority vote the commission sets a different time limit.

P. Allow final comments or questions from the applicant or applicant's representative.

Q. Upon motion and majority approval, the Chair shall either adjourn the hearing to a time certain, or close the proceedings by stating that this is the final public hearing on the matter.

R. Upon final adjournment, the commission shall be deemed to be in deliberative session until a written decision is issued.

Section VII: Site Visits.

Site visits shall be open to the public; however, no testimony shall be taken and no ex parte communication shall occur. Site visits shall be held pursuant to the following conditions:

A. If, prior to a hearing, the Chair determines that a site visit will be necessary, the site visit shall be scheduled immediately prior to a public hearing. Such site visits shall be publicly noticed in accordance with 24 V.S.A. §§ 4464(a)(1), (2).

B. If necessary, the commission may recess a hearing and conduct a site visit at a property which is the subject of an application before the commission.

C. If necessary, the commission may adjourn a hearing to a time certain to conduct a site visit at a property which is the subject of an application before the commission.

D. The minutes of the proceeding shall reflect that a site visit was held, who was present, and the nature and duration of the site visit.

Section VIII: Service List.

Staff shall create a list of individuals present at the hearing. The list shall include those who participated orally and those who participated in writing. The list shall clearly designate those who were granted or denied interested person status by the commission. All decisions of the commission shall be mailed to those on the list. All documents filed with the commission must be submitted to interested persons on the list. Those on the list not granted interested person status shall be supplied with any decisions issued by the Planning Commission. The list shall include:

A. The names of those who participated, and the names of those who were granted or denied interested person status.

B. The nature and content of participation by anyone, whether or not granted interested person status.

C. The mailing address of each of these persons.

Section IX: Decisions.

The commission shall make decisions in deliberative session. Deliberative sessions are not open to the public and shall not be warned. 1 V.S.A. §§ 312(e), (f). Members of the commission who have not heard all testimony and reviewed all evidence submitted for a particular application or proposal shall not participate in that proceeding. Absent commission members may review audiotapes of the proceedings, subject to the written consent of the applicant and all interested persons. The following rules shall apply to voting on decisions:

A. Motions shall be made in the affirmative.

B. The chair has the same voting rights as other members and can make motions.

C. No second shall be required for a motion to have the floor.

D. All members present are expected to vote unless they have recused themselves.

E. Abstentions are strongly discouraged and shall not count towards either the majority or the minority.

F. For a motion to pass, it must receive the concurrence of a majority of the entire commission, regardless of how many are present. 1 V.S.A. § 172; 24 V.S.A. § 4461(a).

G. The commission shall issue a written decision within 45 days of the final public hearing.

Section X: Conflicts of Interest.

Participation, disclosure of conflicts, and recusal shall be governed by the following procedures:

A. Participation. A commission member shall not participate in any official action where he or she has a conflict of interest in the matter under consideration. A commission member shall not, personally or through any member of his or her household, business associate, employer or employee, represent, appear for, or negotiate in a private capacity on behalf of any person or organization in any proceeding pending before the Planning Commission.

B. Disclosure. At all hearings, the Chair shall request that commission members disclose all potential conflicts of interest. When recognized by the Chair, any interested person may request disclosure of potential conflicts of interest.

Nonetheless, after disclosing a conflict or perceived conflict, if a member who believes that he or she is able to act fairly, objectively, and in the public interest, shall submit a one-paragraph statement describing the matter under consideration, the nature of the potential conflict of interest, and the reason(s) why the member believes he or she is able to act in the matter fairly, objectively, and in the public interest.

This statement shall be signed by the member, and filed as part of the minutes of the proceeding pertaining to the matter under consideration.

C. Recusal. A commission member shall recuse him or herself from any matter in which he or she has a conflict of interest, pursuant to the following:
1. The applicant or any interested person may request that a member recuse him or herself due to a conflict of interest. Such request shall not constitute a requirement that the member recuse him or herself.

2. A commission member who has recused him or herself from a proceeding shall not sit with the commission, deliberate with the commission, or participate in that proceeding as a commission member in any capacity.

3. If a previously unknown conflict is discovered, the commission may take evidence pertaining to the conflict, and if appropriate, adjourn to a short deliberative session to address the conflict.

4. The commission may adjourn the proceedings to a time certain if, after a recusal, it may not be possible to take action through the concurrence of a majority of the commission. The commission may then resume the proceeding with sufficient members present.

Section XI: Ex Parte Communications.

Ex parte communication is prohibited. Any commission member who inadvertently conducts ex parte communication must disclose such communication as required below.

A. Disclosure. At each hearing, the Chair shall request that members disclose any ex parte communications. Commission members who have received written ex parte communications shall place on the record copies of all written communications received as well as all written responses to those communications. Members shall prepare a memorandum stating the substance of all oral communications received, all responses made and the identity of each person making the ex parte communication.

Section XII: Progressive Consequences for Failure to Follow the Conflict of Interest Procedures.

In cases where the conflict of interest procedures in Section X have not been followed, the commission may take progressive action to discipline an offending commission member. In the discipline of a member, the commission shall follow these steps in order:

A. The Chair shall meet informally, in private, with the commission member to discuss possible conflict of interest violation.

B. The commission may meet to discuss the conduct of the commission member. Executive session may be used for such discussion. 1 V.S.A. § 313(4). The commission member may request that this meeting occur in public. If appropriate, the commission may admonish the offending commission member in private.

C. If the commission decides that further action is warranted, the commission may admonish the offending commission member at an open meeting and reflect this action in the minutes of the meeting. The commission member shall be given the opportunity to respond to the admonishment.

D. Upon majority vote, the commission may request that the offending commission member resign from the commission.

Section XIII: Removal.

Upon majority vote, the commission may request that the legislative body remove a commission member from the Planning Commission. Commission members may be removed for cause by the legislative body upon written charges and after public hearing. 24 V.S.A. § 4460(c). Planning commissioners may be removed at any time by unanimous vote of the legislative body. 24 V.S.A. § 4323(a).

Section XIV: Amendments.

These rules may be amended at any regular or special meeting by a majority vote, provided that each Planning Commission member has been presented a written copy of the proposed amendment at least 24 hours before the meeting at which the vote is taken. Only those amendments which are presented to the members prior to the meeting may be amended at that meeting.

Section XV: Effective Date.

These rules shall be entered in the minutes of the Planning Commission's meeting and recorded in the Town Clerk's records.

These rules are hereby adopted by the Planning Commission of the Town of Weathersfield, Vermont, this_____________ day of ________________, 2010.

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Bruce Cox, Chairperson

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Edward Williams, Vice-Chairperson

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Michael Todd, Clerk

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Peter Daniels

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Gilbert Whittemore

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John Broker-Campbell

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Alan Hudson