[HISTORY: Adopted by the Town Board of the Town of Gardiner 7-13-2004
by L.L. No. 4-2004. Amendments noted where applicable.]
A.
The purpose of this chapter is to provide standards of
minimum attendance by members of the Town of Gardiner Planning Board, Town
of Gardiner Zoning Board of Appeals, the Parks and Recreation Committee, and
the Commission for the Conservation of the Environment (ECC) at meetings and
hearings of said Boards and Commissions, and to establish minimum training
and continuing education requirements for said members.
B.
This chapter is enacted under the authority of Town Law,
§ 267(2) and (9) and Town Law, § 271(1) and (9), and the
Municipal Home Rule Law, § 10.
Members of the Boards or Commissions are required to attend all regularly
scheduled meetings of said Boards or Commissions. In the event that a member
of either of said Boards or Commissions is absent from three consecutive regular
meetings, or in the event that a member of either Board or Commission is absent
from four meetings within one calendar year, then such member may be removed
from the Board or Commission as provided herein. In the event an individual
is appointed subsequent to January 1 of any calendar year, the allowable absences
shall be prorated. in the event the Board or Commission moves to two regular
meetings every month, a member cannot miss six consecutive meetings or eight
meetings within one calendar year.
Members of the Boards or Commissions are required to attend at least
one seminar, workshop or continuing education course during each calendar
year in which a person is a member of either the Board or Commission. Members
of either the Board or Commission shall request and receive approval from
the Board or Commission Chair with respect to the seminar, workshop or continuing
education course the member desires to attend. The seminar, workshop or continuing
education course shall be reasonably related to assisting the member in carrying
out his/her Board or Commission duties as determined by the Chair of said
Board or Commission. Said seminar(s), workshop(s), or continuing education
course(s) shall be cumulatively a minimum of four hours in length. The reasonable
costs of such seminars, workshops, or continuing education courses shall be
paid for by the Town. Board or Commission members shall also be reimbursed
for travel within a one-hundred-mile radius of Gardiner and meal expenses
in accordance with policies established by the Town Board. In the event that
a member of either Board or Commission does not attend at least one seminar,
workshop or continuing education course during each calendar year, then such
member may be removed from the Board or Commission as provided herein.
A.
In the event any member of a Board or Commission shall fail to meet the minimum attendance or continuing education requirements of this chapter, the Board or Commission Chair or, in the absence of the Chair, the Town Board shall serve notice of same to the member. Said notice shall state that in the event the member misses one more meeting within 60 days or in the event that the member fails to fulfill the prior year's continuing education requirements within 60 days, the matter shall be referred to the Town Board for action pursuant to § 43-5 below.
B.
The Board or Commission Chair shall provide the Town
Board 30 days before the commencement of the Town Board's annual organizational
meeting with a report stating the attendance and continuing education record
of each member of said Board or Commission.
In the event that a member of either the Town of Gardiner Planning Board,
Town of Gardiner Zoning Board of Appeals, the Parks and Recreation Committee,
or the Commission for the Conservation of the Environment (ECC) has failed
to meet the minimum attendance requirements for meetings and/or has failed
to meet the minimum requirements for continuing education as provided for
in this chapter, and has received adequate and fair warning from the Chair
of said Board or Commission, the Town Board may remove such member from the
Board or Commission he/she is serving on in the following manner:
A.
Notice. Such member shall receive by certified mail,
written notice specifying the nature of his/her alleged failure to meet the
minimum attendance requirements.
B.
Public hearing. Said written notice shall specify a date,
not less than 10 nor more than 30 days from the date of mailing of said notice,
indicating when the Town Board shall meet and hold a public hearing regarding
whether the member should be removed from the Board or Commission on which
he/she is serving. The written notice shall also state the time and location
of the public hearing.
C.
Public notice. Public notice of said public hearing shall
be given by posting a notice indicating the nature of the hearing on the bulletin
board located at the Gardiner Town Offices and by publishing the same notice
in the Town's official newspaper. The posting and publication of said
notice shall be completed at least 10 days prior to the date of the public
hearing.
D.
Conduct of hearing. The public hearing shall be conducted
before the Town Board. The member may be represented by counsel and shall
be given an opportunity to present evidence and to call witnesses on his/her
behalf and to cross-examine witnesses and to attempt to refute the allegations
that he/she has not complied with the minimum requirements. A record of said
public hearing shall be made.
E.
Action by the Town Board. Following the public hearing
and upon the finding that a member has not met the minimum requirements as
established by this chapter, the Town Board may:
(1)
Remove such member from the Board or Commission; or
(2)
The Board may elect to take such other action that it
deems just and proper under the circumstances. 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.
F.
The decision of the Town Board shall be reduced to writing,
together with specific findings of the Town Board with respect to the allegations
that the member has not complied with the minimum attendance requirements.
A copy of said decision and findings shall be sent to the member by certified
mail within 20 days from the date of the public hearing.
The minimum attendance requirements established by this chapter shall
not apply to a member of the Board or Commission who has applied for and been
granted a leave of absence by the Town Board from his/her duties as a Board
member. A request by a member for a leave of absence shall be made in writing
to the Town Board, and the Town Board shall notify the member of its approval
or denial of the request in writing. The Town Board may grant such a leave
of absence on such terms and for such time period as it may deem appropriate;
however, no such leave of absence shall be for a period in excess of six consecutive
months and only one leave of absence can be granted during the duration of
the Board or Commission member's term.
This chapter shall apply to all members of the Town of Gardiner Planning
Board, Town of Gardiner Zoning Board of Appeals, the Parks and Recreation
Committee, and the Commission for the Conservation of the Environment (ECC)
regardless of the year of their appointments to either of said Boards or Commissions.
Prospective members of either of the said Boards or Commissions shall be notified
of the requirements of this chapter prior to their appointments.
