The following shall apply to the presiding officer:

1. (a) Adjudicatory proceedings commenced by the council shall be conducted by a presiding officer.
2. (b) The chairman, or in his or her absence or recusal, the vice-chairman of the council shall serve as the presiding officer.
3. (c) The council shall, if it becomes necessary, and without notice or hearing, replace the presiding officer. In the absence or recusal of both the chair and vice-chair, the council shall select by majority vote a presiding officer for the proceeding.

4. (d) Examples of situation where the replacement of the presiding officer would be necessary shall include but not be limited to:

   1. (1) Illness or incapacity of the presiding officer;
   2. (2) Appearance of a conflict of interest;
   3. (3) Actual conflict of interest;
   4. (4) Whenever it appears to the council that the interests of the parties involved so require replacement; and
   5. (5) The presiding officer personally believes that s/he cannot fairly judge the facts of the case.
5. (e) Mere knowledge of the issues, the parties or any witness shall not constitute good cause for replacement.

Source. #5836, eff 6-15-94; ss by #7302, eff 6-8-00; ss by #9167, INTERIM, eff 6-3-08, EXPIRES: 11-30-08; ss and moved by #9223-A, eff 8-1-08 (from Pol 205.02)