§ 85-32. Procedure for removal of member.

The Chairperson of the Board of Zoning Appeals and the Chairperson of the Planning Board shall notify the Town Clerk in writing, on or about May 1 in any year, of any member who fails to comply with the minimum requirements for training in any fiscal year of the Town. In the event that a member of the Board of Zoning Appeals or Planning Board has failed to complete the mandated certified educational training requirements set forth in § 85-31, then the Town Board may remove such member for cause as herein provided.

A. 

Notice. Such member shall be mailed a written notice, by certified mail, return receipt requested, specifying the nature of the failure of such member to meet the minimum requirements of § 85-31 above.

B. 

Public hearing. Such notice shall specify a date, not less than 10 days or more than 30 days from the date of mailing such notice, when the Town Board shall convene and hold a public hearing on whether or not such member should be removed from service on such Board. Such notice 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 Town Board. The member shall be given an opportunity to present evidence and to call witnesses to refute the charges. A record of such hearing shall be made. The decision of the Town Board shall be reduced to writing, together with specific findings of the Town Board 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 Town Clerk.

E. 

Action by the Town Board. Following the hearing and upon a finding that such member has not met the minimum training established by this article, the Town Board, within 30 days of such finding, may:

(1) 

Remove such member from the Zoning Board of Appeals or Planning Board; or

(2) 

Issue a written reprimand to such member without removing such member from such Board; or

(3) 

If the Town Board shall find that the reasons for failing to meet the minimum training requirements are excusable because of illness, injury or other good and sufficient cause, the Town Board may elect to take no action.