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d. An item is denied if a motion to deny is carried by majority vote of the <br />members voting. The failure to carry a motion to deny does not constitute <br />approval of the item. <br />e. In the event of an impasse, the Chairperson shall offer the proponent of <br />the item the option of: <br />1) Denial without prejudice of his /her item, in which case the <br />proponent may appeal to the City Council, if permitted by the Santa <br />Ana Municipal Code; or <br />2) Continuing the item to a later date for further consideration by the <br />Commission. (Items are deemed at an impasse at the discretion of <br />the Chairperson.) <br />8. ABSTENTIONS AND CONFLICTS OF INTEREST <br />a. No member of the Commission shall abstain from any vote unless <br />disqualified. <br />b. A member shall openly state the fact and nature of his /her abstention and <br />then absent himself /herself from the room during debate and vote on the <br />matter. <br />C. A member is not disqualified from voting because of absence from any <br />part of the public hearing, provided such member has read the staff report <br />and minutes pertaining to the hearing, any and all documentary evidence <br />introduced in the hearing, and provided further that such member shall be <br />given the opportunity to ask questions of any interested persons who are <br />present and of the other members of the Commission concerning matters <br />discussed at the hearing. <br />d. Each Commissioner shall decide for himself /herself whether to disqualify <br />himself /herself by reason of a financial conflict of interest in accordance <br />with state law. Each commissioner shall be entitled to consult with the <br />Commission's legal counsel privately prior to making such a decision and <br />should do so as early as possible after perceiving the possible conflict. <br />e. Each Commissioner shall complete and submit to the Commission <br />Secretary an ex parte disclosure form, as approved by the Executive <br />Director of the Planning and Building Agency and the City Attorney, as <br />applicable and necessary to document any and all ex parte <br />communications with applicants or outside parties, prior to the <br />commencement of any form of hearing before the Commission on the <br />subject matter. If any ex parte communications occur after the <br />Page 4 of 11 <br />