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A. A borough official who has partiality concerning a quasi-judicial matter shall not advise on the matter, adjudicate the matter or serve as a member of a body adjudicating the matter.

B. A borough official who is a member of a quasi-judicial body and who has or may have partiality concerning a matter to be adjudicated shall disclose the facts concerning the official’s possible partiality to the body to the parties to the matter prior to the commencement of proceedings by the body. Any member of the body, and any party to a matter before the body, may raise a question concerning a member’s partiality, in which case the member in question shall disclose facts concerning the official’s possible partiality in the matter.

C. After such disclosure, the borough official may excuse themselves for partiality without a vote of the body, otherwise the body (including a body comprised of borough assembly members when serving in a quasi-judicial capacity) shall by majority vote, rule on whether the member must be excused from participation. The body must excuse the official if they find that the official has partiality concerning the matter. There is no appeal from the ruling of the body.

D. Rule of Necessity. Exceptions to a ruling excusing a member from participation shall be made in cases where:

1. By reason of being excused for partiality the number of members of the assembly or other body eligible to vote is reduced to less than the minimum number required to approve the official action;

2. No other body of the borough has jurisdiction and authority to take the official action on the matter; and

3. The official action cannot be set aside to a later date, within a reasonable time, when the body could obtain the minimum number of members to take action who are not excused for partiality.

When the body determines this exception applies, then all members, except the applicant when the applicant is a member of the body, shall participate in the official action.

E. The borough manager who has or may have partiality concerning a quasi-judicial matter over which the manager has decision-making authority shall either (1) appoint another borough employee to make the decision or (2) disclose the facts concerning the possible partiality to the borough assembly and to the parties to the matter prior to taking any official action. If referred to the borough assembly and the borough assembly determines the manager has partiality concerning the matter, the borough assembly shall excuse the manager and cause another borough employee to be assigned to decide the matter. (Ord. 17-10-481 § 4)