[HISTORY: Adopted by the Town Board of the Town of Queensbury 4-4-1994
by L.L. No. 3-1994. Amendments noted where applicable.]
The Town Board of the Town of Queensbury hereby determines that organized
advisory boards can provide important and useful information and ideas to
the Town Board when it is reviewing and considering appropriate action or
policy with regard to Town issues, functions and/or projects. Advisory boards
can assist the Town Board by reviewing, researching and gathering information
and presenting such information, findings and/or recommendations, ideas and
opinions to the Town Board. Further, a formal and organized advisory board
can provide a vehicle for interested citizens to share their ideas and expertise
with the Town Board. Such boards would also provide vehicles for interested
citizens to have more of an involvement in their community. In view of the
foregoing, it is the Town Board's determination that advisory boards can assist
and benefit the Town Board, as well as the entire community.
This chapter shall be known as and entitled "Advisory Boards."
The Town Board of the Town of Queensbury hereby identifies Municipal
Home Rule § 10, Subdivision 1(i), as authority for the enactment
of this chapter. Although it is not believed that this chapter supersedes
any particular provision of the Town Law, it is noted that Town Law § 64,
Subdivision 17, provides for citizens advisory committees on capital improvements
and the Suburban Town Law provides for appointment of advisory boards, but
general authority for the appointment of advisory boards is not found in the
Town Law. With regard to Town Law § 64, Subdivision 17, and the
Suburban Town Law, it is noted that the Town Board does have, if necessary
to refer to it, supersession authority pursuant to Municipal Home Rule Law
§ 10, Subdivision 1(ii)d(3).
The Town Board of the Town of Queensbury may, by resolution and subject
to the provisions set forth in this chapter, establish advisory boards.
A.
Advisory boards shall act in an advisory capacity only,
to the Town Board. The members shall not be empowered to exercise any powers
on behalf of the Town Board or bind the Town Board or the Town of Queensbury
in any way.
B.
The purpose for which the advisory board is created and
for which it shall meet and hold discussions shall be for the purpose of reviewing,
researching, gathering information and presenting such information, findings
and/or recommendations, ideas and opinions to the Town Board concerning such
matters as the Town Board shall, with particularity, specify in the resolution
establishing the advisory board.
A.
Advisory boards shall be comprised of members who are
residents of the Town of Queensbury and who have such qualifications as may
be determined to be appropriate by the Town Board of the Town of Queensbury,
except that no person who is a member of the Town Board shall be a member
of an advisory board.
B.
Advisory boards shall consist of that number of members
that the Town Board shall determine by resolution to be appropriate in each
instance that an advisory board is established. In determining the appropriate
number of members, the Town Board may use any formula it feels is appropriate
and may, from time to time, by resolution, adopted by majority vote, increase
or decrease the number of members it deems necessary or appropriate, except
that a decrease in the number of members shall not take effect until the expiration
of the terms of the current board members and, therefore, shall not result
in a removal of any member before the expiration of a term.
C.
Officers shall be named for the advisory board and shall
have the duties as follows:
(1)
A Chairperson shall be named and shall have the duty
of calling meetings, as set forth in this chapter, and shall also preside
over all meetings.
(2)
The Chairperson shall be selected by the sitting members,
except that, upon failure of the sitting members to do so, or agree upon a
Chairperson within 60 days of the establishment of the advisory board, or
the resignation or lapse of term of the Chairperson therefor, the Town Board
shall select a Chairperson from any one of the members of the board.
(3)
The advisory board may elect from among its members a
Vice Chairperson and Secretary.
D.
All members of the advisory board, including officers,
will be voting members.
E.
Terms of office and vacancies shall be filled as follows:
(1)
Any person who is appointed as a member of the advisory
board shall hold office until the first day of January next succeeding the
first biannual Town election held after the time of that person's appointment.
On the first day of January next succeeding the first biannual Town election
held after the time of the establishment of the advisory board and biannually
thereafter, the Town Board shall appoint members to the advisory board who
shall hold office for two years.
(2)
If a vacancy shall occur on the advisory board, otherwise
than by expiration of a term, the Town Board shall appoint a new member for
the unexpired term.
A.
The advisory board shall meet at least quarterly, or
at such other intervals as the Town Board shall require or specify by resolution,
at the call of the Chairperson. Additional meetings may be called upon at
least five days' notice by the Chairperson or by petition of five members
of the board.
B.
All meetings of the advisory board shall be held on notice
to the Town Board, which shall receive the same notice as is given members
of the advisory board, and the members of the aforesaid Town Board shall be
entitled, as of right, to attend any meeting called, whether the same is open
or in executive session; provided, however, that members of the Town Board
shall not be considered members of the advisory board and shall not be entitled
to vote on any matter before the advisory board.
C.
All meetings of the advisory board shall be open to the
public, except that executive sessions will be allowed to the extent permissible
under the Public Officers Law of the State of New York.
D.
Public notice of every meeting held by the advisory board
shall be given in accordance with the applicable provisions of the Public
Officers Law of the State of New York while notice to members shall be given
in accordance with the provisions set forth hereinabove.
E.
Written minutes shall be kept of the meetings of each
advisory board. Motions, resolutions and votes thereon shall be recorded in
their entirety. Discussions occurring at the meetings or leading to motions
or resolutions may be briefly summarized.
F.
The advisory board shall operate in accordance with Robert's
Rules of Order or in accordance with any agreed upon variation thereof, which
may include any modification or elimination of such rules as may be agreed
upon by unanimous vote of all board members.
G.
Each advisory board shall file a copy of any minutes,
reports or other information or records gathered by the Board as a result
of meetings held during December of each year.
H.
When requested, the Chairperson or other designated member
of the advisory board shall report directly to the Town Board either in writing
or by attendance at a Town Board meeting, as may be agreed upon by the members
of the Town Board by resolution.
I.
Any recommendation or other resolutions of the advisory
board will be deemed binding and a representation of the board, only if adopted
by majority vote of the total number of members of the advisory board.
Advisory board members shall serve without pay. The Town Board may authorize
the payment of the just and reasonable actual expenses of the members of such
advisory board, such expenses including the cost of photocopying, typing and,
if necessary, mileage. No payment of the just and reasonable actual expenses
of the members or any other payments shall be made to the members of the advisory
board unless the Town Board shall have, by resolution adopted by majority
vote, approved of the incurring of the expense prior to the time that the
expense was incurred.
The Town Board shall have the power to remove, after public hearing,
any member of the advisory board for cause.
The Town Board of the Town of Queensbury shall have the right, at any
time, to abolish any board established by resolution in accordance with this
chapter.
