§ 36.2-836. Rules and records.

(a)

Rules. The Board shall adopt rules and forms for its procedures, consistent with the Charter and ordinances of the City and general laws of the state.

(b)

Minutes; records. The Board shall keep minutes of its proceedings and a record of its official actions, which shall be filed in the offices of the Board and the City Clerk and shall be a public record.

(c)

Annual report. The Board shall submit a written report of its activities to the City Council at the end of each fiscal year.

(d)

Ex parte communications, proceedings.

(1)

The non-legal staff of the governing body may have ex parte communications with a member of the Board prior to the hearing but may not discuss the facts or law relative to a particular case. The applicant, landowner or his agent or attorney may have ex parte communications with a member of the Board prior to the hearing but may not discuss the facts or law relative to a particular case. If any ex parte discussion of facts or law in fact occurs, the party engaging in such communication shall inform the other party as soon as practicable and advise the other party of the substance of such communication. For purposes of this section, regardless of whether all parties participate, ex parte communications shall not include (i) discussions as part of a public meeting or (ii) discussions prior to a public meeting to which staff of the governing body, the applicant, landowner or his agent or attorney are all invited.

(2)

Any materials relating to a particular case, including a staff recommendation or report furnished to a member of the Board, shall be made available without cost to such applicant, appellant or other aggrieved person, as soon as practicable thereafter, but in no event more than three (3) business days of providing such materials to a member of the Board. If the applicant, appellant or other aggrieved person requests additional documents or materials be provided by the locality other than those materials provided to the Board, such request shall be made pursuant to Section 2.2-3704 of the Code of Virginia (1950), as amended. Any such materials furnished to a member of the Board shall also be made available for public inspection pursuant to subsection F of Section 2.2-3707 of the Code of Virginia, (1950), as amended.

(3)

For the purposes of this section, "non-legal staff of the governing body" means any staff who is not in the Office of the City Attorney for the City of Roanoke, or for the board, or who is appointed by special law or pursuant to Section 15.2-1542 of the Code of Virginia (1950), as amended. Nothing in this section shall preclude the board from having ex parte communications with any attorney or staff of any attorney where such communication is protected by the attorney-client privilege or other similar privilege or protection of confidentiality.

(4)

This section shall not apply to cases where an application for a special exception has been filed pursuant to Section 36.2-560.

(Ord. No. 40296, § 1, 7-6-15)

(Ord. No. 40296, § 1, 7-6-15)