LL #01-2010Local Law Filing
NEW YORK STATE DEPARTMENT OF STATE
41 STATE STREET
ALBANY, NY 12231
(Use this form to file a local law with the Secretary of State.)
Text of law should be given as amended. Do not include matter being eliminated and do not use
italics or underlining to indicate new matter.
❑ County
❑ City of WAPPINGER
0 Town
❑ Village
Local Law No.
of the year 20 10
A local law entitled, "Attendance and Training Standards for Appointed Boards."
(Insert Title)
Be it enacted by the Town Board of the
(Name of LegislativeBody)
❑ County
❑ City of WAPPINGER
0 Town
❑ Village
(TEXT COMMENCES ON NEXT PAGE)
as follows:
(If additional space is needed, attach pages the same size as this sheet, and number each.)
DOS -239 (Rev. 05/05) Page 1 of 3
LOCAL LAW NO. 1 OF THE YEAR 2010
A Local Law entitled Local Law No. 1 of the Year 2010, Creating Chapter 5 of the Town
Code entitled, "Attendance and Training Standards for Appointed Boards."
BE IT ENACTED by the Town Board of the Town of Wappinger as follows:
Section -I: Title.
This Local Law shall be known and cited as Town of Wappinger Local Law No. 1 of
2010, Creating Chapter 5 of the Town Code entitled, "Attendance and Training Standards for
Appointed Boards." The adoption of this Local Law establishes and creates Chapter 5
"Attendance and Training Standards for Appointed Boards" of the Code of the Town of
Wappinger.
Section -II: Creation of Chapter 5: "ATTENDANCE AND TRAINING STANDARDS
FOR APPOINTED BOARDS."
Chapter 5 of the Town Code of the Town of Wappinger is hereby adopted to read as
follows:
"CHAPTER 5
§ 5-1. Legislative Intent and Purpose.
A. Pursuant to the authority granted by Section 10(1)(ii)(a)(12) and Section 10(1)(ii)(d)(3),
Section 267 and Section 271 of the Town Law and Section 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. The Town Board has determined 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 and 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.
B. New York State Town Law and 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.
C. The purpose of this Local Law 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.
§ 5-2. Definition.
The term "Board" shall mean 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.
§ 5-3. Attendance Required.
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 (12) month period, or if such Board
Member is absent from five (5) 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 Local Law shall be
counted as cause for removal.
§ 5-4. Training Required for Members of Zoning Board of Anneals and Planning Board.
Each member of the Planning Board and Zoning Board of Appeals shall complete, at a
minimum, four (4) 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 (4)
years 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, state wide 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
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this subdivision. 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.
§ 5-5. Cause for Removal.
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 Chapter, excessive absenteeism shall
mean a failure to attend at least 80% of all duly -called regular or special meetings within
any consecutive twelve (12) month period, or five (5) consecutive duly -called regular or
special meetings, unless such Board Member has been excused for 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
twenty (20) days of service of such notice.
§ 5-6. Excused Absences.
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."
Section -III: Numbering for Codification.
It is the intention of the Town of Wappinger and it is hereby enacted that the provisions
of this Local Law shall be included in the Code of the Town of Wappinger; that the sections and
sub -sections of this Local Law may be re -numbered or re -lettered to accomplish such intention;
the Codifier shall make no substantive changes to this Local Law; the word "Local Law" shall be
changed to "Chapter," "Section" or other appropriate word as required for codification; and any
3
such rearranging of the numbering and editing shall not effect the validity of this Local Law or
the provisions of the Code effected thereby.
Section -IV: Separability.
The provisions of this Local Law are separable and if any provision, clause, sentence,
subsection, word or part thereof is held illegal, invalid or unconstitutional, or inapplicable to any
person or circumstance, such illegality, invalidity, or unconstitutionality, or inapplicability, shall
not affect or impair any of the remaining provisions, clauses, sentences, subsections, words or
parts of this Local Law or their application to other persons or circumstances. It is hereby
declared to be the legislative intent of the Town Board of the Town of Wappinger that this Local
Law would have been adopted if such illegal, invalid or unconstitutional provision, clause,
sentence, subsection, word or part had not been included therein, and if such person or
circumstance to which the Local Law or part thereof is held inapplicable had been specifically
exempt therefrom.
Section -V: Effective Date.
This Local Law shall become effective immediately upon filing with the Secretary of
State as provided by law.
EI
(Complete the certification in the paragraph that applies to the filing of this local law and
strike out that which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (M y)(0*)(Town)(V&M) of WAPPINGER was duly passed by the
Town Board on May 10th, 20 10 in accordance with the applicable
(Name of Legislative Body)
provisions of law.
of 20 10 of
2. (Passage by local legislative body with approval, no disapproval or repassage after disapproval by the Elective
Chief Executive Officer*.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of was duly passed by the
on 20 -and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the
(Elective Chief Executive Officer*)
on 20 in accordance w ith the applicable provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No.
the (County)(City)(Town)(Village) of
(Name of Legislative Body)
(repassed after disapproval) by the
and was deemed duly adopted
of 20 of
was duly passed by the
on 20 and was (approved)( not approved)
(Elective Chief Executive Officer*)
on 20
Such local law was submitted to the people by reason of a (mandatory)(permissive) referendum, and received the affirmative
vote of a majority of the qualified electors voting thereon at the (general) (special)(annual) election held on
20 - in accordance with the applicable provisions of law.
4. (Subject to permissive referendum and final adoption because no valid petition was filed requesting referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the (County)(City)(Town)(Village) of
was duly passed by the
on 20 and was (approved)(not approved)
(Name of Legislative Body)
(repassed after disapproval) by the on 20 . Such local
(Elective Chief Executive Officer*)
law was subject to permissive referendum and no valid petition requesting such referendum was filed as of
20 in accordance with the applicable provisions of law.
* Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county -wide basis or, if there be none,
the chairperson of the county legislative body, the mayor of a city or village, or the supervisor of a town where such officer is vested with the
power to approve or veto local laws or ordinances.
DOS -239 (Rev. 05/05) Page 2 of 3
5. (City local law concerning Charter revision proposed by petition.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the City of having been submitted to referendum pursuant to the provisions of section (36)(37) of
the Municipal Home Rule Law, and having received the affirmative vote of a majority of the qualified electors of such city voting
thereon at the (special)(general) election held on 20 , became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as local law No. of 20 of
the County of State of New York, having been submitted to the electors at the General Election of
November 20 , pursuant to subdivisions 5 and 7 of section 33 of the Municipal Home Rule Law, and having
received the affirmative vote of a majority of the qualified electors of the cities of said county as a unit and a majority of the
qualified electors of the towns of said county considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate certification.)
I further certify that I have compared the preceding local law with the original on file in this office and that the same is a
correct transcript therefrom and of the whole of such original local law, and was finally adopted in the manner indicated in
paragraph 1 above.
Clerk f the county egislative body, City, Town or Village Clerk or
office designated by local legislative body
(Seal) Date: I �� I O
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney or other
authorized attorney of locality.)
STATE OF NEW YORK
COUNTY OF DUTCHESS
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all proper proceedings have been
had or taken for the enactment of the local law annexed hereto.
Signature
Albert P. Roberts - Town Attorney
Title
MXM
Mof WAPPINGER
Town
XIM
Date: `
DOS -239 (Rev. 05/05) Page 3 of 3