[HISTORY: Adopted by the Town Board of the Town of Chester
as indicated in article histories. Amendments noted where applicable.
[Adopted 10-9-2013 by L.L. No. 4-2013]
A.
The purpose
of this article is to provide standards of minimum attendance by members
of the Town of Chester Planning Board, Town of Chester Zoning Board
of Appeals, the Parks and Recreation Commission, and the Library Commission
at meetings and hearings of said boards and commissions, and to establish
minimum training and continuing education requirements for said members.
B.
This article
is enacted under the authority of Town Law §§ 267(2)
and (9) and 271(1) and (9), and the Municipal Home Rule Law § 10.
Members of the boards or commissions are required to attend
all regularly scheduled meetings of said boards or commissions. In
the event that a member of any of said boards or commissions is absent
from three consecutive regular meetings, or in the event that a member
of any board or commission is absent from four meetings within one
calendar year, then such member may be removed from the board or commission
as provided herein. In the event an individual is appointed subsequent
to January 1 of any calendar year, the allowable absences shall be
prorated. In the event the board or commission moves to two regular
meetings every month, a member cannot miss six consecutive meetings
or eight meetings within one calendar year.
Members of the Town of Chester Planning Board and Town of Chester
Zoning Board are required to attend at least one seminar, workshop
or continuing education course during each calendar year in which
a person is a member of either board. Members of either board shall
request and receive approval from the board chair with respect to
the seminar, workshop or continuing education course the member desires
to attend. The seminar, workshop or continuing education course shall
be reasonably related to assisting the member in carrying out his/her
board duties as determined by the chair of said board. Said seminar(s),
workshop(s), or continuing education course(s) shall be cumulatively
a minimum of four hours in length. The reasonable costs of such seminars,
workshops, or continuing education courses shall be paid for by the
Town Board. Board members shall also be reimbursed for travel within
a one-hundred-mile radius of Chester and meal expenses in accordance
with policies established by the Town Board. In the event that a member
of either board does not attend at least one seminar, workshop or
continuing education course during each calendar year, then such member
may be removed from the board as provided herein.
A.
In the event any member of a board or commission shall fail to meet the minimum attendance, or continuing education requirements for board members, as provided for in this article, the board or commission chair or, in the absence of the chair, the Town Board shall serve notice of same to the member. Said notice shall state that in the event the member misses one more meeting within 60 days or in the event that the member fails to fulfill the prior year's continuing education requirements within 60 days, the matter shall be referred to the Town Board for action pursuant to § 5-5 below.
B.
The board
or commission chair shall provide the Town Board 30 days before the
commencement of the Town Board's annual organizational meeting with
a report stating the attendance and continuing education record of
each member of said board or commission.
In the event that a member of the Town of Chester Planning Board,
Town of Chester Zoning Board of Appeals, the Parks and Recreation
Commission, or the Library Commission has failed to meet the minimum
attendance requirements for meetings, or any board member has failed
to meet the minimum requirements for continuing education, as provided
for in this article, and has received adequate and fair warning from
the chair of said board or commission, the Town Board may remove such
member from the board or commission he/she is serving on in the following
manner:
A.
Notice. Such
member shall receive, by certified mail, written notice specifying
the nature of his/her alleged failure to meet the minimum attendance
requirements.
B.
Public hearing.
Said written notice shall specify a date, not less than 10 nor more
than 30 days from the date of mailing of said notice, indicating when
the Town Board shall meet and hold a public hearing regarding whether
the member should be removed from the board or commission on which
he/she is serving. The written notice shall also state the time and
location of the public hearing.
C.
Public notice.
Public notice of said public hearing shall be given by posting a notice
indicating the nature of the hearing on the bulletin board located
at the Chester Town offices and by publishing the same notice in the
Town's official newspaper. The posting and publication of said notice
shall be completed at least 10 days prior to the date of the public
hearing.
D.
Conduct of
hearing. The public hearing shall be conducted before the Town Board.
The member may be represented by counsel and shall be given an opportunity
to present evidence and to call witnesses on his/her behalf and to
cross-examine witnesses and to attempt to refute the allegations that
he/she has not complied with the minimum requirements.
E.
Action by
the Town Board. Following the public hearing and upon the finding
that a member has not met the minimum requirements as established
by this article, the Town Board may:
(1)
Remove
such member from the board or commission; or
(2)
The Board
may elect to take such other action that it deems just and proper
under the circumstances. If the Town Board shall find that the reasons
for failing to meet the minimum attendance requirements are excusable
because of illness, injury or other good and sufficient cause, the
Town Board may elect to take no action.
F.
The decision
of the Town Board shall be reduced to writing, together with specific
findings of the Town Board with respect to the allegations that the
member has not complied with the minimum attendance requirements.
A copy of said decision and findings shall be sent to the member by
certified mail within 20 days from the date of the public hearing.
The minimum attendance requirements established by this article
shall not apply to a member of the board or commission who has applied
for and been granted a leave of absence by the Town Board from his/her
duties as a board or commission member. A request by a member for
a leave of absence shall be made, in writing, to the Town Board, and
the Town Board shall notify the member of its approval or denial of
the request in writing. The Town Board may grant such a leave of absence
on such terms and for such time period as it may deem appropriate;
however, no such leave of absence shall be for a period in excess
of six consecutive months, and only one leave of absence can be granted
during the duration of the board or commission member's term.
This article shall apply to all members of the Town of Chester
Planning Board, Town of Chester Zoning Board of Appeals, the Parks
and Recreation Commission, and the Library Commission, regardless
of the year of their appointments to any of said boards or commissions.
Prospective members of any of said boards or commissions shall be
notified of the requirements of this article prior to their appointments.
