The purpose and intent of this Article
VI is to ensure the general welfare of citizens of the Town, to instill and promote confidence of the residents of the Town and the general public in the orderly and principled operation of Town government and the conduct of its affairs, to provide a means by which acts or omissions of certain Town officials which may not further such purposes may be identified and to provide a mechanism and procedure by which complaints regarding such acts or omissions may be identified and disposed of in a fair and appropriate manner.
This Article
VI shall apply to all members of all boards, committees and commissions who, pursuant to the provisions of this Code and/or applicable law of the State of New York, are appointed or confirmed by the Town Board of the Town and who, pursuant to the provisions of this Code and/or applicable state law, serve for a term of years. Nothing contained in this Article
VI shall apply to any member of any board, committee or commission who serves at the pleasure of the Town Board, nor shall anything contained in this Article
VI limit, affect or impair, or be deemed to limit, affect or impair, the ability of the Town Board to remove or otherwise discipline any member of any board, committee or commission who serves at the pleasure of the Town Board.
The provisions of this Article
VI are hereby declared to be severable. If any provision, clause, sentence or paragraph of this Article
VI or the application thereof to any person, entity, establishment or circumstances shall be held invalid, such invalidity shall not affect the other provisions or application of this article.
Any member of any board, committee or commission
who is appointed or confirmed by the Town Board and who serves for
a term of years pursuant to this Code or applicable state law may,
for cause, be removed from office, suspended from office for a period
of time, censured or otherwise subjected to disciplinary and/or remedial
action, in each instance by the Town Board. As used in this Article,
"cause" shall mean any one or more of the following:
A. Negligent or willful violation of the Ethics Code as set forth in Chapter
20 of this Code;
B. Failure to attend three consecutive meetings of the
board, committee or commission to which the member is appointed;
C. Failure in any calendar year to attend more than 50%
of the regularly scheduled meetings of the board, committee or commission
to which the member is appointed;
D. Failure to take training courses or classes required,
or otherwise provided, by the state;
E. Gross neglect of, or refusal to perform, official
duties and responsibilities imposed by law;
F. Engaging in any act or omission which is illegal under
federal, state or local law;
G. Willful and flagrant exercise of authority or power
not authorized by law;
H. Misfeasance, malfeasance or nonfeasance or otherwise
guilty of misconduct in office; or
I. Acting in any manner detrimental to the interests
of the board, committee or commission to which such member is appointed
or of the Town.
The findings and determinations of the Town Board made in accordance with this Article
VI may be subject to review by a court of competent jurisdiction, upon application by the member of the board, committee or commission who is the subject of the complaint, in accordance with the provisions of applicable law.
The remedies listed in this Article
VI are not exclusive of any other remedies available under any applicable federal, state or local law, and it is within the discretion of the Town of Irondequoit to seek cumulative remedies.