[Adopted 8-19-2008 by L.L. No. 3-2008]
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:
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.
A.
Proceedings for the review of the acts or omissions
of any member of any board, committee or commission appointed or confirmed
by the Town Board for a term of years on the basis of cause, as hereinbefore
defined, shall be commenced by filing with the Town Clerk a written
complaint specifically setting forth the nature of the complaint and,
in reasonable detail, the factual basis for such complaint. Such complaint
may only be filed by the following persons:
(1)
The chairperson of the board, committee or commission
on which such member who is the subject of the complaint serves;
(2)
A majority of the total members of the board, committee
or commission on which such member who is the subject of the complaint
serves;
(3)
The Town Supervisor; or
(4)
Two of the members of the Town Board.
B.
Procedure following filing of complaint.
(1)
The Town Clerk shall, within 10 days following the
filing of the complaint, personally deliver or mail by first-class
United States mail, postage prepaid, a true and complete copy of the
same to:
(2)
The Town Board shall, with the assistance of the Town
Attorney (or the Attorney to the Town, as the case may be) or the
Deputy Town Attorney (or the Deputy Attorney to the Town, as the case
may be), conduct a hearing on the complaint not later than 60 days
following the date on which such complaint was filed with the Town
Clerk. The Town Board shall cause the Town Clerk to give written notice
of such hearing to the member of the board or commission who is the
subject of the complaint no later than 20 days prior to the date set
forth in the notice for the hearing. Such notice shall be given by
personal delivery or by first-class United States mail, postage prepaid.
Such notice shall specify the time, date and location of such hearing
and advise the member who is the subject of the complaint that 1)
the hearing shall be conducted in an open meeting of the Town Board,
2) the Town Board may conduct such hearing by calling, examining and/or
cross-examining such witnesses and accepting such written evidence
and documents and other information as the Town Board shall, in its
sole judgment and discretion, deem necessary or appropriate, 3) the
member may, at his or her election and sole expense, be represented
by legal counsel at such hearing, and 4) the member may call, examine
and cross-examine witnesses and offer to the Town Board for its consideration
such written evidence and documents and such other information as
such member may deem appropriate. The Town Board may, in its sole
discretion, adjourn or recess any hearing once the same has been convened
and reconvene such hearing at a later date and/or time.
(3)
Public notice of such hearing shall also be given
in the manner, and in accordance with the requirements of, the Public
Officers Law of the State of New York applicable to public meetings
of the Town Board.
(4)
The Town Board shall, no later than 30 days following
the conclusion of such hearing, by a majority of the voting strength
of the Town Board, make a finding in writing as to whether or not
the complaint is, in whole or in part, meritorious. If the Town Board
determines that there is no merit to the complaint, it shall set forth
such determination in its written findings. If the Town Board determines
that the complaint is meritorious, in whole or in part, it shall set
forth such determination, and the basis thereof, in reasonable detail
in its written findings, together with its determination as to the
appropriate remedy to be taken with respect to the member of the board,
committee or commission who is the subject of the complaint, which
may include, but not be limited to, removal from office, suspension
from office for a period of time, censure or other disciplinary and/or
remedial action as the Town Board shall determine to be necessary
or appropriate.
(5)
If the Town Board determines, as hereinbefore provided, that removal from office is the appropriate remedy, such removal shall be deemed to take effect immediately, the office previously occupied by the member of the board or commission so removed shall be deemed to be vacant and such vacancy may be filled by the Town Board in accordance with the provisions of applicable law. Any member of a board or commission removed from office as provided in this Article VI shall not be eligible to fill the vacancy in office created by such removal.
(6)
If the Town Board determines, as hereinbefore provided,
that suspension from office for a period of time is the appropriate
remedy, such suspension for such period shall be deemed to take effect
immediately; provided, however, that the position occupied by the
suspended member of the board or commission shall not be deemed to
be vacant.
(7)
The Town Board shall, within 10 days after the date
it makes its written findings, cause a true, accurate and complete
copy of the same to be filed with the Town Clerk and given by personal
delivery or by first-class United States mail, postage prepaid, to
the member of the board, committee or commission who is the subject
of the complaint. The decision of the Town Board shall be deemed final
upon the filing of its findings with the Town Clerk as herein provided.
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.
