§ 85-44. Procedure for removal of member.

If any member of the Board of Zoning Appeals or Planning Board is absent from public meetings greater than four times in any given year, the Chairperson of the Board of Zoning Appeals and the Chairperson of the Planning Board shall notify the Town Clerk, in writing, of any member who fails to comply with the requirements for attendance in any given year. In the event that a member of the Board of Zoning Appeals or Planning Board has failed to attend the required number of public meetings as set forth in § 85-42, then the Town Board may, after a public hearing, 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 § 85-42 above.

B. 

Public hearing. Such notice shall specify a date, not less than 10 days nor 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 required attendance established by this article, the Town Board, within 30 days of such finding, may:

(1) 

Remove such member from the Board of Zoning 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 attendance requirements are excusable because of illness, injury or other good and sufficient cause, the Town Board may elect to take no action.