§ 4.05.060. Attendance requirements; vacancies.

A.

The office of a member of a board or commission member shall become vacant if the member:

1.

Ceases to meet the qualifications prescribed for the office;

2.

Resigns;

3.

Dies;

4.

Is judicially determined to be incompetent;

5.

Is convicted of a felony;

6.

Is removed from office for breach of the public trust; or

7.

During any 12-month period while in office:

a.

Is absent from three regular meetings without excuse;

b.

Is absent from:

i.

Six regular meetings; or

ii.

Eight regular meetings for members of the planning and zoning commission, urban design commission, platting board, or zoning board of examiners and appeals; or

c.

Fails to attend a two-thirds majority of the regular meetings without excuse.

B.

A member intending to be absent from a regular meeting shall request of the chairman to be excused prior to the meeting proposed to be missed.

C.

A board or commission chair or the chair's designated staff shall keep attendance records of all meetings, and immediately report the failure of any official to meet the attendance requirements of this section to the mayor or his designee. The mayor or his designee shall notify the official of his delinquency and remove the official from office within 15 days of receiving notification of the official's noncompliance.

D.

The assembly shall be promptly notified of the removal of any official under this section. Vacancies created pursuant to the provisions of this section shall be filled by appointment to the unexpired term of the member whose office becomes vacant.

E.

Members of boards and commissions having duly appointed alternates shall not be subject to removal for failing to meet the attendance requirements of this section.

F.

Except as otherwise provided in this Code, physical presence by a board or commission member is required to constitute attendance at a regular or special public meeting of a regulatory or adjudicatory board or commission when the board or commission is holding a hearing or public hearing, conducting deliberations, or otherwise exercising its adjudicatory capacity. Regulatory and adjudicatory boards and commissions are set forth in chapter 4.40. All other boards or commissions may allow attendance and full participation by members using telephonic or video conferencing equipment or facilities.

(CAC 2.64.060; AO No. 89-122(S-1); AO No. 90-70; AO No. 92-95; AO No. 93-215, § 1, 1-4-94; AO No. 95-113, §§ 1, 2, 5-2-95; AO No. 2007-63(S), § 1, 5-1-07; AO No. 2013-55, § 1, 4-23-13; AO No. 2017-148 , § 1, 11-21-17; AO No. 2018-31 , § 1, 4-24-18)