[Adopted 2-17-2004 by L.L. No. 1-2004]
This article shall be entitled "A local law establishing training requirements
for members of the Planning Board, Historic District Review Commission, and
Zoning Board of Appeals of the Village of Cobleskill."
Notwithstanding the foregoing, the failure of a member of the Planning
Board, HDRC, or ZBA to obtain such training shall not affect said person's
appointment to serve on such Board/Commission, to entertain applications,
to vote on such applications, the validity of such member's actions or
the validity of any decision, order or action of such board/commission.
The Village Clerk-Treasurer shall notify the Village Board in writing on or about December 1 in any year of any member of the Planning Board, HDRC, or ZBA who fails to comply with the minimum requirements for training in any calendar year. In the event a member of the Planning Board, HDRC, or ZBA has failed to complete the minimum training requirements set forth in §
38-3, then the Village Board may remove such member for cause as herein provided:
A. Notice. Such member shall be mailed a written notice specifying the nature of the failure of such member to meet the requirements of §
38-3 above. Such member may elect to arrange a meeting with the Village Personnel Committee within 14 days of the date of the notice to review any pertinent information such member wishes to have considered in support of nonremoval. The Village Personnel Committee will then make its recommendation to the Village Board. If the recommendation is to allow the member to continue because the Personnel Committee determines that legitimate reason(s) for noncompliance exists, a reasonable date for compliance shall be established by which date the requirement is expected to be fulfilled. If the recommendation is to proceed with removal from the respective Board/Commission, then the removal process will continue.
B. Public hearing. Such notice shall specify a date, not
less than 10 nor more than 30 days from the date of mailing such notice, when
the Village Board shall convene and hold a public hearing on whether or not
such member should be removed from service on such Board/Commission. Such
notice shall also specify the time, date, and place of such hearing.
C. Public notice. Public notice of such hearing shall be
published in the official newspaper 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 Village Board. The member shall be given an
opportunity to retain an attorney at his or her own expense, to present evidence,
to call witnesses to refute the charges, and to cross-examine witnesses. A
record of such hearing shall be made. The decision of the Village Board shall
be reduced to writing, together with specific findings of the Village Board
with respect to each charge against such member. A copy of such decision and
such findings shall be filed in the Village Clerk's Office and mailed
to the member.
E. Action by the Village Board. Following the hearing and
upon a finding that such member has not met the minimum training established
by this article, the Village Board may:
(1) Remove such member from the respective board/commission;
or
(2) Issue a written reprimand to such member without removing
such member from the respective boards/commission and establish a new date
for completion of the requirement.
Nothing contained herein shall be deemed to limit or restrict the Village Board's authority to remove a member from the Planning Board, HDRC, or ZBA for cause (i.e., for other than the reasons enumerated herein). The procedural provisions of §
38-6, Procedure for removal of member, of this article shall govern any hearing to remove a member for cause.