Can a quorum be lost through disqualification of members under the appearance of fairness doctrine?
No. If a challenge to a member or members of a decision-making body would prevent a vote from occurring, then the challenged member or members may participate and vote in the proceedings provided that they first disclose the basis for what would have been their disqualification. This is known as the “doctrine of necessity” and is codified in RCW 42.36.090. • What should a decision-maker do if an appearance of fairness challenge is raised? The challenged decision-maker should either refrain from participation or explain why the basis for the challenge does not require him or her to refrain. • Are there any limitations on raising an appearance of fairness challenge? Yes. Any claim of a violation must be made “as soon as the basis for disqualification is made known to the individual.” If the violation is not raised when it becomes known, or when it reasonably should have been known, the doctrine cannot be used to invalidate the decision. RCW 42.36.080. • If a violation is proved, what is
