[Adopted 2-13-2007 by Ord. No. 3656]
[Amended 6-11-2019 by Ord. No. 4288-19]
A. A member of any board, commission or committee not subject to state
statute guidelines for the removal of such members may be removed
for absenteeism or for just cause, and the vacancy created by such
removal shall be filled in the same manner as originally appointed.
B. For the purposes of this article, a member of any board, commission
or committee not subject to state statute guidelines for the removal
of such members, without being excused by a majority of the authorized
members of such board, commission or committee, who fails to attend
50% of such board, commission or committee meetings within a one-year
period may be removed from such board, commission or committee by
the Township Council.
C. For the purposes of this article, a member of any board, commission
or committee not subject to state statute guidelines for the removal
of such members may be removed by the Township Council for cause following
notice to the member of the charges authorized by the Township Council
by resolution. The member shall have the right to a hearing which
will be before the Council Administration Standing Committee which
shall make a recommendation to the Township Council. The Council may
accept or reject the Administration Standing Committee's recommendation.
The removal of a member shall require the affirmative vote from six
members of the Council.
D. The boards, commissions and committees subject to this section include
(includes boards, commissions and committees either not covered by
the state statute or under a state statute that does not address the
issue of removal of members):
(1) Advisory Board of Health.
(2) Advisory Recreation Council.
(3) Agricultural Advisory Committee.
(4) Cable Television Advisory Committee.
(6) Emergency Life Support Delivery Committee.
(8) Hamilton Street Advisory Board.
(9) Human Relations Commission.
(10)
Joint Advisory Committee/Village of Kingston.
(11)
Open Space Advisory Committee.
(13)
Senior Citizen Advisory Committee.
(15)
Trails Advisory Committee.
(16)
Youth Services Commission/Alliance Against Substance Abuse.
A. A member of any board, commission or committee subject
to state statute guidelines for the removal of such members, without
being excused by a majority of the authorized members of such board,
commission or committee, who fails to attend 50% of such board, commission
or committee meetings within a one-year period may be removed from
such board, commission or committee by the Township Council under
the following conditions:
(1) Failure of a board, commission or committee member
to attend 50% of board, commission or committee meetings within a
one-year period shall be grounds for a "for cause" or "neglect of
duty" justification for the removal of a board, commission or committee
member under applicable state statute.
(2) If a member of a board, commission or committee subject
to state statute guidelines for such removal of such members is entitled
to a hearing under state statute, then such a hearing shall be held
under conditions set forth in the applicable state statute.
(3) The boards, commissions and committees subject to
this section include:
(a)
Board of Adjustment (N.J.S.A. 40:55D-69), ["for
cause"].
(b)
Environmental Commission (N.J.S.A. 40:56A-1),
["for cause"].
(c)
Historic Preservation Advisory Commission [N.J.S.A.
40:55D-107(e)], ["for cause"].
(d)
Housing Authority [N.J.S.A. 40A:12A-17(e)], except where subject to §
13-94B, ["neglect of duty"].
(e)
Planning Board (N.J.S.A. 40:55D-23b), except
where subject to § 5-27C(2), ["for cause"].
(f)
Redevelopment Agency [N.J.S.A. 40A:12A-11(c)],
["neglect of duty"].
(g)
Sewerage Authority [N.J.S.A. 40:14A-5 (c)],
["neglect of duty"].
A. No member of the Municipal Ethics Board formed pursuant to N.J.S.A. 40A:9-22.22 and codified under §
13-68 et seq. and Addendum A of this chapter shall be removed by the Township Council under this ordinance.
B. Any member of the Housing Authority appointed by state
authority pursuant to N.J.S.A. 40A:12A-17 shall not be removed by
the Township Council pursuant to this article. Any member of the Housing
Authority appointed by the Township Manager pursuant to N.J.S.A. 40A:12A-17
may only be removed pursuant to this article by the Township Manager.
A. All ordinances or parts of ordinances regarding absenteeism
as grounds for the removal of board, commission or committee members
adopted and in force on the date of the adoption of this article which
are inconsistent with the provisions of this article are hereby repealed.
B. The following sections are repealed (these are existing
sections specifically addressing absenteeism as grounds for removal):
C. The following sections are repealed (these are existing
sections specifically addressing removal of a member for cause and
with a hearing):
(3) Sections
112-286 and § 5-27D(2) (Board of Adjustment - still requires for cause and a hearing under statute).
(4) Section
13-37 [Environmental Commission - still requires for cause and a hearing under statute].
(5) Section
13-46 [Historic Preservation Commission - still requires for cause and a hearing under statute].