(1) Vacancies Prior to Expiration . Vacancies occurring for reasons other than
expiration of terms shall be filled for the period of the unexpired term by the Town Board of Commissioners for members within the corporate limits and by the Wake County Board of the Commissioners for extraterritorial jurisdiction members, after a resolution adopted by the Town Board of Commissioners to recommend an extraterritorial jurisdiction replacement. (2) Attendance . It is the responsibility of each Board of Adjustment member and alternate to faithfully attend each meeting as a prerequisite to serve in order to maintain continuity and cohesion in the deliberations and actions by the Board of Adjustment. A pattern of failure to attend meetings or failure to notify the Clerk of the Board of Adjustment of a member's inability to attend a meeting may be cause for removal. If a member is expelled from the Board of Adjustment, the Town Board of Commissioners shall promptly appoint a new member, or recommend a new member if in the extraterritorial jurisdiction, to fill the remainder of the vacated term.
f.
Conflict of Interests
A member of the Board of Adjustment shall not vote on any quasi-judicial decision regarding a development regulation adopted pursuant to this Chapter where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. A Board of Adjustment member shall not vote on any matter if the landowner of the property subject under consideration is a person with whom the member has a close familial, business, or other associational relationship. A member of the Board of Adjustment exercising quasi-judicial functions pursuant to this Article shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons’ constitutional rights to an impartial decision m aker. Impressionable violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter the following shall apply:
(1) Involuntary Conflict of Interest . If an objection is raised to a member's participation in that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection.
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