This Chapter shall be called entitled "Town of Amherst Adjudicatory
Proceedings."
The purpose of this Local Law is to establish rules and procedures
to be utilized in all disciplinary proceedings brought against members
of the Zoning Board of Appeals, the Planning Board and the Amherst
Traffic Safety Board (ATSB).
This Chapter is enacted to provide for a procedure consistent
with due process to remove members of the Zoning Board of Appeals,
the Planning Board or the ATSB for cause.
Except as otherwise provided by statute, the Town Board members
shall be presiding officers. Hearings shall be conducted in an impartial
manner and shall be chaired by the Town Supervisor, or if he/she is
unable to act, the Deputy Town Supervisor. Upon the filing in good
faith by a party of a timely and sufficient affidavit of personal
bias or disqualification of a presiding officer, the Town Board shall
determine the matter as part of the record of the case and its determination
shall be a matter subject to judicial review at the conclusion of
the adjudicatory proceeding. Whenever a board member is disqualified
or it becomes impractical for him or her to continue the hearing,
another presiding officer may be assigned to continue with the case
unless it is shown that substantial prejudice to the party will result
therefrom.
Except as otherwise provided by statute, the chairperson is
authorized to:
1. Administer oaths and affirmations.
2. Sign and issue subpoenas in the name of the Town Board at the request
of any party requiring attendance and giving of testimony between
witnesses and the production of books, papers, documents and other
evidence and said subpoenas shall be regulated by the Civil Practice
Law and Rules. Nothing herein contained shall affect the authority
of an attorney for the party to issue such subpoenas under the provisions
of the Civil Practice Law and Rules.
3. Provide for the taking of testimony by deposition.
4. Regulate the course of the hearings, set the time and place for the
continued hearings and fix the time for filing of briefs and other
documents.
5. Direct the parties to appear and confer to consider the simplification
of the issues by consent of the parties.