This article shall be entitled "Required Attendance at Public
Meetings for Members of Planning Board and Zoning Board of Appeals."
The Town Board finds that attendance of Zoning Board of Appeals
and Planning Board members at public meetings is essential to the
orderly performance of their functions, and it is the purpose of this
article to establish minimum attendance requirements for Zoning Board
of Appeals and Planning Board members to attend public meetings as
set forth herein.
A.
All members of the Board of Zoning Appeals and Planning Board shall
be required to attend public meetings, as defined herein, and shall
not be absent greater than four times within each year from the date
of their initial appointment to such board.
B.
Noncompliance with minimum requirements relating to attendance shall
be deemed a proper cause for removal from such board.
The Secretary to the Board of Zoning Appeals and the Secretary to the Planning Board shall maintain such required attendance records. The Secretary to each respective board shall advise the Chairman of that board when a member has been absent from the required meetings greater than four times within each year. The Chairpersons of the Zoning Board of Appeals and the Planning Board shall provide written notification to any member upon their third and fourth absences; notice to be served in accordance with § 85-44.
If any member of the Board of Zoning Appeals or Planning Board is absent from public meetings greater than four times in any given year, the Chairperson of the Board of Zoning Appeals and the Chairperson of the Planning Board shall notify the Town Clerk, in writing, of any member who fails to comply with the requirements for attendance in any given year. In the event that a member of the Board of Zoning Appeals or Planning Board has failed to attend the required number of public meetings as set forth in § 85-42, then the Town Board may, after a public hearing, remove such member for cause as herein provided.
A.
Notice. Such member shall be mailed a written notice, by certified mail, return receipt requested, specifying the nature of the failure of such member to meet the minimum requirements of § 85-42 above.
B.
Public hearing. Such notice shall specify a date, not less than 10
days nor more than 30 days from the date of mailing such notice, when
the Town Board shall convene and hold a public hearing on whether
or not such member should be removed from service on such board. Such
notice shall also specify the time and place of such hearing.
C.
Public notice. Public notice of such hearing shall be published at
least 10 days prior to the date of the public hearing.
D.
Conduct of hearing. The public hearing on the charges shall be conducted
before the Town Board. The member shall be given an opportunity to
present evidence and to call witnesses to refute the charges. A record
of such hearing shall be made. The decision of the Town Board shall
be reduced to writing, together with specific findings of the Town
Board with respect to each charge against such member. A copy of such
decision and such findings shall be mailed to the member and a copy
filed with the Town Clerk.
E.
Action by the Town Board. Following the hearing and upon a finding
that such member has not met the required attendance established by
this article, the Town Board, within 30 days of such finding, may:
(1)
Remove such member from the Board of Zoning Appeals or Planning Board;
or
(2)
Issue a written reprimand to such member without removing such member
from such Board; or
(3)
If the Town Board shall find that the reasons for failing to meet
the minimum attendance requirements are excusable because of illness,
injury or other good and sufficient cause, the Town Board may elect
to take no action.
Nothing contained herein shall be deemed to limit or restrict the Town Board's authority to remove a member from the Board of Zoning Appeals or Planning Board for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of § 85-44, Procedure for removal of member, shall govern any hearing to remove a member for cause after a hearing.
Nothing herein contained shall be deemed to limit the Town Board's
authority to waive a public hearing and excuse an absence upon good
cause shown.
A.
This article shall become effective upon filing with the Secretary
of State of the State of New York.
B.
This article shall apply to all members of the Town of Brookhaven
Zoning Board of Appeals and Planning Board, regardless of the date
of their appointment to such boards.
C.
Prospective members of the Board of Zoning Appeals and Planning Board
shall be notified of the requirements of this article prior to their
appointment to such board.
D.
General severability. If any clause, sentence, paragraph, section
or item of this article shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not impair nor invalidate
the remainder hereof, but such adjudication shall be confined in its
operation to the clause, sentence, paragraph, section or item directly
involved in the controversy in which such judgment shall have been
rendered.
