Purpose. Consistent with the requirements of a cohesive
and knowledgeable Town Planning Board membership, this chapter sets forth
attendance requirements and the procedure for removal of Town Planning Board
members who fail to meet the requirements of this chapter.
Attendance. Each Planning Board member is required to
attend a minimum of three out of every five regularly scheduled meetings/work
sessions. If a member anticipates his or her absence from a meeting/work session,
the member should make every effort to contact the Chairman so an alternate
may be notified.
Procedure. The Planning Board Chairman or a Town Board
member may submit a written statement to the Town Board requesting a Planning
Board member be removed for failure to meet attendance requirements. The Town
Board shall consider same and may vote to file a complaint against the Planning
Board member. Said written complaint must also be filed with the Town Clerk,
Secretary to the Planning Board and the party complained of (the respondent),
and include a recitation of alleged facts supporting the complaint. The complaint
shall provide at least 15 days notice for a public hearing before the Town
Board. The respondent shall have 10 days to simply admit or deny the complaint.
Failure to deny the complaint shall be deemed an admission.
Public hearing. The Town Board has the burden of presenting
proof at the public hearing by a preponderance of the evidence that the respondent
has failed to meet attendance requirements. The respondent shall have an opportunity
to be heard to refute the allegations or offer an excuse for such absence.
Acceptable causes for absence include, but are not limited to, medical or
family emergencies and nonrecurring business obligations. A majority vote
of the Town Board is required to remove the respondent upon a finding that
the absences were not justified.