[Adopted 3-14-2001 by L.L. No. 1-2001]
The attendance of members of the Planning Board and Zoning Board of Appeals is essential to the efficient operation of these vital Boards and to accord due process of applicants who appear before them. The failure of members of the Planning Board to regularly attend Board meetings may result in default subdivision approvals pursuant to Village Law § 7-728. Moreover, given the super majority requirements of General Municipal Law §§ 239-m and 239-n and the possibility of a conflict of interest of a particular member on any given application, the regular attendance of all members of the Board is imperative. In enacting this article, the Board of Trustees does not wish to vary the definition of "cause" as provided in existing case law. The Board of Trustees instead desires to provide final definition to "cause"; in addition to provisions of existing case law, cause shall be considered to constitute nonattendance at the specified number of meetings described herein. In so acting, the Board of Trustees exercises the authority granted it by virtue of Municipal Home Rule Law § 10 Subdivision 1(ii)a(1). In addition, the Board of Trustees exercises the authority of Municipal Home Rule Law § 10, Subdivision 1(ii)e, to amend or supersede the application of Village Law § 7-712, Subdivision 9, sentence one ["The Mayor shall have the power to remove any member of the (Zoning) Board (of Appeals) for cause and after public hearing."] and § 7-718, Subdivision 9, sentence one ["The Mayor shall have the authority to remove any member of such Planning Board for cause after public meeting."].
In addition to other reasons other than that provided by case law and collateral sources, as a basis of cause for removal of a member of the Planning Board and Zoning Board of Appeals, the Mayor may remove a member of such Boards, following the presentation of charges and a hearing before the Board of Trustees, for the following reasons:
A. 
Absence from three consecutive regular or special meetings of the Board other than for illness or valid personal reasons substantiated by credible evidence; or
B. 
Absence from in excess of 50% or more than 1/2 of the duly noticed or special meetings of the Board within any twelve-month period measured from the first day of a month during which an absence shall have occurred. Absences which shall have been excused for reason of illness or valid personal reasons substantiated by credible evidence shall not be included in such calculation.
A. 
When it shall appear that a Board member has failed to qualify for continued service, the Board member shall be provided with notice of intent to declare his or her seat vacant. Such notice shall be provided to the Board member not less than 10 days prior to the meeting and shall be provided by personal service or certified mail, to be received by such Board member not less than 10 days prior to the meeting of the appointing body, at which action will be taken with respect to declaring the position vacant.
B. 
The vacancy shall be declared by a majority of the Board constituting the appointing authority, and the resolution of such action taken shall be promptly filed with the Village Clerk.
C. 
Any person aggrieved by such decision shall be entitled to seek review pursuant to C.P.L.R. Article 78, provided such action shall be commenced within 30 days of the filing of the notice with the Village Clerk.
A Board member who is the subject of a proceeding pursuant to this article shall have the right to appear in person or by agent, or may submit in writing such credible evidence, such as sworn affidavits or other documentation, demonstrating entitlement to continued service. Failure to make such submission shall be deemed a waiver or admission of the failure to qualify for continued service.