[HISTORY: Adopted by the Town Board of the Town of Wappinger
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-10-2010 by L.L. No. 1-2010]
A.
Pursuant
to the authority granted by Municipal Home Rule Law § 10,
Subdivision 1(ii)(a)(12) and (d)(3), §§ 267 and 271
of the Town Law and § 239-x of the General Municipal Law,
and other applicable provisions of law now or hereinafter enacted
to supersede and/or expand upon the applicable provisions of the aforementioned
sections of Town Law and General Municipal Law and any other applicable
or successor law, the Town Board is authorized to set appropriate
regulations for appointed boards in the Town.
B.
The
Town Board has determined that it is proper to impose minimum training
and attendance standards for appointed members of the Town of Wappinger
Zoning Board of Appeals, Planning Board, Conservation Advisory Council,
Recreation Committee and such other committees, councils or boards
as may be duly formed by the Town Board of the Town of Wappinger from
time to time hereafter (hereinafter the "boards"). The Town Board
recognizes that New York State law requires that all municipal bodies
conduct business by resolution or motion duly adopted by a majority
of the whole number of such boards. Accordingly, regular attendance
by members who are appointed to such boards is essential to fulfill
the statutory duties, function and orderly processing of applications
and matters before such boards. Failure to have a quorum present for
the conduct of business before such boards may result in unnecessary
expense and hardship to applicants, residents or interested parties
who appear before such boards and may expose the Town to potential
legal liability and expense, especially for those applications which
are time sensitive or which may have state-mandated time requirements.
C.
The
New York State Town Law and the New York State General Municipal Law
authorize the removal for cause of members of the Zoning Board of
Appeals, Planning Board or Conservation Advisory Council following
a public hearing pursuant to a local law or ordinance adopted by the
Town Board. Persistent, unexcused absenteeism by such members could
prevent the boards from properly conducting vital business.
D.
The
purpose of this article is to require minimum standards of attendance
and training by persons who are appointed to such boards and to adopt
a policy for their removal in the event they fail to comply with the
established minimum standards of attendance and training.
As used in this article, the following terms shall have the
meanings indicated:
The Zoning Board of Appeals, Planning Board, Conservation
Advisory Council, Recreation Committee, and such other boards, councils
or committees as may be duly formed or created by the Town Board.
A.
The
Town Board hereby determines that any duly appointed member of a board
created by the Town Board is expected to attend all duly called regular
and special meetings of such board unless such board member has been
granted an excused absence by the Town Board as hereinafter authorized.
B.
The
Town Board hereby determines that it shall be cause for removal from
any such board if any board member has attended fewer than 80% of
all duly called regular and special meetings within any consecutive
twelve-month period or if such board member is absent from five consecutive
duly-called regular or special meetings unless his or her absence
at such meetings has been excused by the Town Board as hereinafter
provided.
C.
Only
absences occurring on and after the effective date of this article
shall be counted as cause for removal.
Each member of the Planning Board and Zoning Board of Appeals
shall complete, at a minimum, four hours of training each year designed
to enable such members to more effectively carry out their duties.
Training received by a member in excess of four hours in any one year
may be carried over by the member to succeeding years in order to
meet the requirements established herein. Such training shall be approved
by the Town Board and may include, but not be limited to, training
provided by a municipality, regional or county planning office or
commission, county planning federation, state agency, statewide municipal
association, college or other similar entity. Training may be provided
in a variety of formats, including, but not limited to, electronic
media, video, distance learning and traditional classroom training.
To be eligible for reappointment to such board, such member shall
complete the training promoted by the Town pursuant to this section.
The training required by the Town may be waived or modified by resolution
of the Town Board when, in the judgment of the Town Board, it is in
the best interest of the Town to do so. No decision of the Planning
Board or Zoning Board shall be voided or declared invalid because
of a failure of any member thereof to comply with this section.
A.
The
Town Board hereby determines that members of such boards may be subject
to removal for cause by a majority vote of the Town Board.
B.
Cause
shall be deemed to include, but not be limited to, excessive absenteeism,
excessive tardiness, inefficiency, neglect of duties or malfeasance
in this office, or failure to attend yearly minimum training. For
the purposes of this article, "excessive absenteeism" shall mean a
failure to attend at least 80% of all duly-called regular or special
meetings within any consecutive twelve-month period or failure to
attend five consecutive duly called regular or special meetings unless
such board member has been excused from attendance by the Town Board.
C.
Every
board member sought to be removed from office shall receive written
notice of the reasons or grounds for his or her removal and shall
be entitled to a public hearing within 20 days of service of such
notice.
A.
Any
board member who has been or will be absent from his or her respective
board may request that the Town Board excuse such absence for just
cause, which just cause shall include, but not be limited to, job
or business assignment, military assignment, jury duty, illness, medical
reason, hospitalization or the death of an immediate family member
or domestic partner, or for such other circumstances as may be deemed
reasonable and appropriate by the Town Board.
B.
In
the event such absence is excused by the Town Board, such absence
shall not be used as a cause for removal.
C.
The
Town Board is also authorized to grant approved leaves of absence
for any cause deemed reasonable and appropriate by the Town Board.
Any approved leave of absence shall not be deemed an absence for calculating
mandatory minimum attendance requirements.
