§ 2-149. Disqualification of members by conflict of interests.

Because the City of Tupelo may possess few residents with "experience in the individual fields of history, architecture, architectural history, archaeology, urban planning, law, or real estate," and in order not to impair such residents from practicing their trade for hire, members of the commission are allowed to contract their services to an applicant for a certificate of appropriateness, and, when doing so, must expressly disqualify themselves from the commission during all discussions for that application. In such cases, the City of Tupelo shall, upon the request of the chairman of the commission or the vice-chairman in his stead, appoint a substitute member who is qualified in the same field as the disqualified member, and who will serve for that particular case only. If no qualified resident of the City of Tupelo is able to substitute for the disqualified member, the City of Tupelo may appoint, in this case only, a qualified substitute who is a resident of Mississippi but not a resident City of Tupelo. If any member of the commission must be disqualified due to a conflict of interest on a regular and continuing basis, the chairman or the vice-chairman, in his stead, shall encourage the member to resign his commission seat. Failing this resignation, and, if the commission member continues to enter into conflict of interest situations with the commission, the chairman or vice-chairman of the commission shall encourage the City of Tupelo to replace the member. Likewise, any member of the commission who has an interest in the property in question or in property within three hundred (300) feet of such a property, or who is employed with a firm that has been hired to aid the applicant in any matter whatsoever, or who has any proprietary, tenancy, or personal interest in a matter to be considered by the commission shall be disqualified from participating in the consideration of any request for a certificate of appropriateness involving such a property. In such cases, a qualified substitute shall be appointed as provided above.

(Ord. of 4-19-05(1), § XIX)