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Brent Blanchard
Brent Blanchard, Lawyer
Category: Real Estate Law
Satisfied Customers: 1975
Experience:  Thirteen years of experience in real estate matters, HOA disputes and drafting HOA documents
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Zoning officer can be also zoning board secretary, and that

Customer Question

zoning officer can be also zoning board secretary, and that not a conflict of interest
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Brent Blanchard replied 8 months ago.
Thank you for your question.If an organization's secretary has no vote, then there is no way for any conflict of interest to result in a problem.But that person could influence the board!!!Well, ANY officer or employee or staff or even citizen can influence any board. Board members can choose to listen to whomever they want to. They just cannot vote on matters that affect them or their close enough families AND their business partners.Two County Commissioners in a large population place maybe 25 years ago got into huge trouble because they voted on zoning for a piece of property right next to another piece that they owned. Commercial development there increased the value of their own parcel. They owned it through a company, AND did not DISCLOSE that to the rest of the Commission.That is a huge conflict of interest. Sometimes they can be waived (generally if minor enough) if the conflict is fully disclosed. Other times like in contracting for services, a conflict of interest can be of no harm if it's a competitive bid, all bids are sealed, and the governing person's company has the low bid--but it must still be disclosed.Since a secretary cannot vote to increase his or her pay, I don't see any conflict of interest there. Thank you.

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