[HISTORY: Adopted by the Town Board of the Town of Mamakating
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-20-2015 by L.L. No. 1-2015[1]]
[1]
Editor's Note: Section 4 of this local law stated that
the meeting attendance requirements of this article shall apply to
all appointed board members as of 1-1-2015, and the training requirements
for Planning Board and Zoning Board of Appeals members shall apply
as of 1-1-2015.
A.
This article shall apply to each member and alternate member of a
board of the Town whose members are appointed by the Town Board. Such
boards include, but are not limited to, the Planning Board, the Zoning
Board of Appeals, Board of Ethics, and Board of Assessment Review.
B.
It is one purpose of this article to establish minimum meeting attendance
requirements for all appointed board members. It is also the purpose
of this article to require, and to authorize the Town Board to require,
board members to obtain training to enhance their ability to carry
out their duties and responsibilities. This article also establishes
and confirms the Town Board's authority to remove an appointed
board member from the board for cause.
A.
Each board member shall attend a minimum of 75% of the board meetings
held within a calendar year. For example, if a board holds 24 meetings
in a calendar year, then a board member may miss no more than six
of those meetings. In addition, a board member shall not miss more
than two consecutive meetings. The above meeting attendance requirements
may be modified from time to time by resolution of the Town Board.
B.
Noncompliance with meeting attendance requirements is a proper cause
for removal from the board.
A.
Each member of the Planning Board and Zoning Board of Appeals shall
attend a minimum of four hours in relevant training courses within
one year from the date of a member's initial appointment to such
board. In addition, each member of the Planning Board and Zoning Board
of Appeals shall be required to attend a minimum of four hours in
relevant training courses each year thereafter. The above training
requirements may be modified from time to time by resolution of the
Town Board.
B.
The Town Board may require each member of other Town boards to complete
minimum training requirements. Such minimum requirements may be established,
and amended from time to time, by resolution of the Town Board.
C.
All training courses must be approved in advance by the Town Board
or the Town Supervisor if so authorized by the Town Board. The fees
for attending such training courses shall be paid by the Town. Board
members shall be reimbursed for travel and meal expenses in accordance
with Town policies.
D.
Noncompliance with minimum training requirements is a proper cause
for removal from the board.
E.
To be eligible for reappointment to a board, a member must have completed
the required training.
Unless expressly provided otherwise by statute, a board member's
failure to comply with the attendance or training requirements of
this article shall not affect the member's authority to participate
and vote on applications and other matters and shall not affect the
validity of the member's votes. No decision of a board shall
be voided or declared invalid because of a failure by a board member
to comply with meeting attendance or training requirements.
A.
The Town Board shall have the power to remove any board member for
cause after the member has been afforded an opportunity for a due
process hearing.
B.
Failure by a board member to comply with the meeting attendance or
training requirements is proper cause for removal. In addition, the
Town Board shall have authority to remove a board member for cause
for reasons other than failure to comply with meeting attendance or
training requirements.
C.
The chairperson of each board shall present a written report to the
Town Board on December 1 of each year listing any member of such board
who has failed to comply with the meeting attendance or training requirements
in such calendar year.
D.
If a board member has failed to comply with the meeting attendance
or training requirements, or if there may be cause to remove or sanction
a board member for other reason, the Town Board shall mail written
notice to the member specifying such failure or other reason and stating
the date and time when and the place where the due process hearing
will be held. The hearing shall be held not less than 10 nor more
than 30 days from the date of mailing the notice. The Town Board will
convene and hold a due process hearing to determine whether or not
such member shall be removed from the Board or otherwise sanctioned.
E.
The due process hearing shall be conducted before the Town Board.
The board member shall have the opportunity to be represented by counsel
and other representatives, present evidence, call witnesses and cross-examine
any witnesses. A written record of the hearing shall be made. The
determination of the Town Board shall be reduced to writing and shall
include findings made by the Town Board. The Town Board's written
decision shall be mailed to the board member within five business
days after the filing of such decision in the Town Clerk's office.
The Town Board's decision may be challenged by the board member
in an Article 78 proceeding, which proceeding shall be commenced within
30 days after filing of the decision in the Town Clerk's office.
