[HISTORY: Adopted by the City Council of the City of Newburgh 10-27-2008 by L.L. No.
4-2008. Amendments noted where applicable.]
GENERAL REFERENCES
City Council — See Ch. 20.
Each and every member of any and all boards, committees, commissions
and other such groups which are created under and to which members
are appointed by and/or under the Charter, Code, laws and rules of
the City of Newburgh shall have the following affirmative duties and
obligations as a member of same and in order to maintain such membership
in good standing:
A.
To attend faithfully the meetings of the body.
B.
To become familiar and to maintain familiarity with the duties, functions,
operations and procedures of the body and with the laws, rules and
regulations governing same.
C.
To become familiar and to maintain familiarity with the items of
business which come before such body.
D.
To participate meaningfully in the conduct of the business of the
body, including but not limited to adequate and appropriate preparation,
substantive communication with other members and with persons coming
before the body, participation in voting and other decisionmaking
actions unless properly recused or excused therefrom.
E.
To comply with all standards and requirements applicable to members
of any such body, including but not limited to taking any such actions
as may be appropriate and necessary to maintain membership in good
standing; to satisfy any and all requirements related or pertaining
to residency, civil status, age and/or other matters specified in
any law, code or rule; to satisfy any and all requirements related
or pertaining to qualifications, training and/or continuing education;
to satisfy any and all requirements for holding such office as may
be required by the Charter, Code, laws or rules of the City of Newburgh;
and to satisfy any and all requirements for holding such office as
may concern such member's fitness for duty and/or complying with
reasonable standards of conduct.
F.
To remain in compliance and satisfy all the requirements of all state
and local ethics laws, codes and rules.
A.
Each member and every alternate member of every body covered by this
chapter shall be and is hereby required to faithfully and regularly
attend the regular and special meetings thereof.
B.
Every member shall comply with the following standard for attendance,
as used and defined herein, in order to maintain his or her membership
on such body in good standing:
(1)
No member of any body governed by this chapter shall have accumulated
four or more unexcused absences amounting to no less than 33% of the
total number of regularly scheduled and properly noticed meetings
of such body within the immediately preceding twelve-month period.
For the purposed of this chapter, the term "unexcused absence" shall
mean the failure of such member to attend such a meeting without having
given advance notice that such member would be absent and without
having received approval of such absence of the presiding officer
of such body. Such approval shall be granted upon reasonable grounds
and shall not be unreasonably withheld.
(2)
Any member of the City Council, the City Manager and/or any member
of the body may petition in writing that a member of such body be
terminated as a member for failure to comply with this chapter, including
this attendance policy. Such petition shall specifically state the
grounds, including facts and circumstances upon which the request
for termination is based. The petition shall be served by mail or
in person upon the presiding officer of the body with a copy to the
Corporation Counsel of the City of Newburgh. The presiding officer
shall ensure that a copy of the petition is promptly provided to the
member whose termination is sought.
(3)
Upon the filing of such petition the member whose termination is
sought may request a hearing. At such hearing the petitioner and the
subject member may testify, produce evidence and witnesses, and examine
and cross-examine any witnesses and evidence. The City Manager, if
she is the appointing authority or the chairperson or presiding officer
of the body which is the appointing authority, shall preside at such
hearing and shall render a decision as to whether the subject member
shall remain on or be terminated from such body.
A.
The appointing authority with power to appoint members to any body
covered by this chapter shall have the power and is hereby authorized
to appoint up to two additional members to any such body. Such additional
members shall be known as "alternate members." Alternate members shall
serve terms of two years from the date of their appointment.
B.
In the event any member of such body for any reason is unable to
participate on any item of business or matter coming before such body
and/or is unable to attend a meeting or part thereof, the chairperson
or other presiding officer of such body may designate an alternate
to substitute for such member. When so designated, an alternate member
shall possess and shall have the authority to exercise all the powers,
authorities and responsibilities of a member of such body. Any alternate
present and participating shall be counted as a member in attendance
for the purpose of satisfying quorum requirements. However, alternates
shall not be considered for the purpose of counting the total number
of seats of such body. The designation, attendance and participation
of an alternate shall be recorded in the minutes of such body for
which such substitution is made.
C.
All provisions of any Charter, codes, laws and rules of the State
of New York and of the City of Newburgh applicable to members of such
bodies shall apply with equal and full force and effect to such alternate
members.
The provisions of this chapter shall not apply to the City Council
of the City of Newburgh or its members, including the Mayor and all
Councilpersons.
