[Adopted 1-26-2006 by L.L. No. 2-2006]
This article shall be entitled "Local Law 2 of 2006 Removal for Cause of Members of the Village of Poquott Planning Board and Zoning Board of Appeals."
The Board of Trustees of the Incorporated Village of Poquott hereby finds that quorum requirements of the Village Planning Board and Zoning Board of Appeals are often times not met due to absence of members thereto. The Board of Trustees further finds that orderly growth and development of Poquott, as well as the protection of property values and the aesthetic beauty of the Village requires that the Village Planning Board and Zoning Board of Appeals meet regularly with a quorum present. Moreover, the Board of Trustees finds that presently, there is no mechanism to remove members from said Boards for cause as a result of failure to attend meetings.
The purpose and intent of this article is to establish minimum requirements relating to the attendance of members of the Planning Board and the Zoning Board of Appeals, and to provide the Board of Trustees power to remove, after public hearing, any member of the Planning Board and Zoning Board of Appeals for failure to comply with minimum attendance requirements defined by this article.
As used in this article, the following terms shall have the meanings indicated:
PUBLIC MEETINGS
Shall refer to all open meetings as defined by the New York Open Meetings Law.
A. 
All members of the Zoning Board of Appeals and Planning Board shall be required to attend public meetings as defined herein, and shall not be absent greater than four times within each year from the date of their initial appointment to such Board.
B. 
Noncompliance with the minimum requirements relating to attendance shall be deemed a proper cause for removal from such Board.
The Clerk of the Zoning Board of Appeals and the Clerk of the Planning Board shall maintain such required attendance records. The Clerk to each respective Board shall advise the Chairman of that Board when a member has been absent from the required meetings greater than four times within each year. The Chairpersons of the Zoning Board of Appeals and the Planning Board shall provide written notification to any member upon their third and fourth absence; notice to be served in accordance with § 26-19A.
If any member of the Zoning Board of Appeals or Planning Board is absent from public meetings greater than four times at any given year, the Chairperson of the Zoning Board of Appeals and the Chairperson of the Planning Board shall notify the Village Clerk in writing of any member who fails to comply with the requirements for attendance at any given year. In the event that a member of the Zoning Board of Appeals or Planning Board has failed to attend the required number of meetings as set forth in § 26-18, then the Village Board of Trustees may, after a public hearing, remove such member for cause as herein provided.
A. 
Notice. Such member shall be mailed written notice by certified mail return receipt requested specifying the nature of the failure of such member to meet the minimum requirements of § 26-17 above.
B. 
Public hearing. Such notice shall specify a date not less than 10 nor more than 30 days from the date of mailing such notice, when the Village Board of Trustees shall convene and hold a public hearing of whether or not such member should be removed from service on such Board. Such notices shall also specify the time and place of such hearing.
C. 
Public notice. Public notice of such hearing shall be published at least 10 days prior to the date of the public hearing.
D. 
Conduct of hearing. The public hearing on the charges shall be conducted before the Village Board of Trustees. The member shall be given an opportunity to present evidence and to call witnesses to refute the charges.
E. 
Record of such hearing shall be made. The decision of the Village Board of Trustees shall be reduced to writing together with specific findings of the Village Board of Trustees with respect to each charge against such member. A copy of such decision and such findings shall be mailed to the member and a copy filed with the Village Clerk.
Action by the Village Board of Trustees. Following the hearing and upon finding that such member has not met the required attendance established by this article, the Village Board of Trustees, within 30 days of such finding, may:
A. 
Remove such member from the Zoning Board of Appeals or Planning Board; or
B. 
Issue a written reprimand to such member without removing such member from such Board; or
C. 
If the Village Board of Trustees shall find that the reason for failing to meet the minimum attendance requirements are excusable because of illness, injury or other good and sufficient cause, the Village Board of Trustees may elect to take no action.
Nothing contained herein shall be deemed to limit or restrict the Village Board of Trustees authority to remove a member from the Zoning Board of Appeals or Planning Board for a cause, i.e., for other than the reasons enumerated herein. The procedural provisions of § 26-19, procedure for removal of members, shall govern any hearing to remove the member for cause after a hearing.
Nothing contained herein shall be deemed to limit or restrict the Village Board of Trustees authority to waive a public hearing and excuse an absence upon good cause shown.
A. 
This article shall become effective upon filing with the Secretary of the State of New York.
B. 
This article shall apply to all members of the Incorporated Village of Poquott's Zoning Board of Appeals and Planning Board, regardless of the date of their appointment to such Board.
C. 
Respective members of the Zoning Board of Appeals and Planning Board shall be notified of the requirements of this article prior to their appointment to such Board.