A village board member should not participate in official discussions,
deliberations and votes with respect to legislation (that is, ordinances and the
like) affecting his or her real estate interests except to the extent that the
action affects a whole class of similarly situated interests, the board
member’s interest is insignificant when compared to all affected interests,
and the action’s effect on the board member's private interests is neither
significantly greater nor less than upon other interests affected by the act.
The village board member ought not to participate in quasi-judicial deliberations
or decision-making such as actions on permits, licenses, rezoning of
specific parcels, and the like affecting the member's interests or competing
real estate interests.
In those instances in which the member should refrain from votes, the
member should also refrain from discussion and deliberations and ask that
the minutes reflect that the member has withdrawn. OEB 92-22
June 16, 1992