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Commissioner Recusal <br />Chair Blank stated that the Commission received a letter on the dais about recusal and <br />asked legal staff if the Fair Political Practices Commission (FPPC) is the final arbiter as <br />to whether or not recusal is necessary, such as if a Commissioner is asked after local <br />consultation to recuse himself or herself and the Commissioner disagrees with that. <br />Ms. Harryman replied that an official can get an opinion from the FPPC, but the problem <br />is that it takes them time to do that. She indicated that staff has to provide certain <br />information and then the FPPC can take some time. She added that in the FPPC letters <br />that she has read, the FPPC actually states that it is not the final decision - maker; it is <br />the official who, at his /her own risk depending on facts, determines and decides whether <br />or not to recuse himself /herself. <br />Chair Blank noted, for example, that the City has a rule that Commissioners cannot be <br />involved with something within 500 feet of their property. He inquired if that is "cannot" <br />or "should not." <br />Ms. Harryman replied that the 500 -foot rule is FPPC and is very clear and direct, but <br />beyond 500 feet is a very gray area. She noted that there are FPPC letters that provide <br />some guidelines; there are sections of the Code that provide language; and the letters <br />usually interpret some of the language. She added that occasionally, there could be a <br />case or a case law, but that is rare. <br />Chair Blank requested verification that other than there being clear guidance, officials <br />could refuse the recommendation of the City Attorney's office to recuse themselves. <br />Ms. Harryman said yes; however, if they ended up being wrong, there would be <br />penalties for that. She noted that she does not know how that actually plays out as the <br />City has not had to deal with that situation, and she has not been with a City that has <br />had to do so. <br />8. MATTERS FOR COMMISSION'S REVIEW /ACTION /INFORMATION <br />a. Future Planning Calendar <br />No discussion was held or action taken. <br />b. Actions of the City Council <br />No discussion was held or action taken. <br />c. Actions of the Zoning Administrator <br />No discussion was held or action taken. <br />PLANNING COMMISSION MINUTES, February 13, 2013 Page 18 of 20 <br />