(a) When a member of a board, commission, or committee to which this article applies has:
(1) Failed to attend four or more consecutive regularly scheduled meetings of the board, commission, or committee spanning a period in excess of one month;
(2) Failed to attend more than one-third of the regularly scheduled meetings of the board, commission, or committee in any calendar year; or
(3) Failed to provide to the chair the certification of participation required by § 3-12.5 within 30 days following the applicable deadline established in § 3-12.3(a) or (b), and, after having been given written notice by the chair that the member has 30 days from the date of that notice to provide the certification, the member fails to provide the certification to the chair by the chair’s 30-day deadline,
the chair of the board, commission, or committee shall provide written notice of the fact to the mayor.
(b) In addition to the notice referred to in subsection (a), the chair shall provide the mayor with the following:
(1) A record of the attendance of the board, commission, or committee member, from the time of the council’s approval of the appointment;
(2) Minutes of the meetings not attended by the board, commission, or committee member and any written communications and records of any telephonic communications from the board, commission, or committee member to the chair or staff of the board, commission, or committee stating why the meetings would not be or were not attended; and
(3) A statement that the board, commission, or committee member has or has not provided certification of participation in the sunshine law training program before the deadline established by the chair under subsection (a)(3).
(c) Within 10 days of the mayor’s receipt of the notice referred to in subsection (a), the following shall be mailed by the mayor or the mayor’s designee to the board, commission, or committee member at the member’s last known address on file with the board, commission, or committee:
(1) A copy of the notice referred to in subsection (a);
(2) A copy of this section;
(3) If the notice to the mayor included a statement that the member of the board, commission, or committee had not provided the certification required under § 3-12.5, a copy of Chapter 3, Article 12; and
(4) A statement of the deadline for response, as specified in subsection (d).
It shall be the responsibility of the member to keep the board, commission, or committee apprised of the member’s current address.
(d) The board, commission, or committee member shall have 30 days following the notification of the mayor in which to provide the mayor with a written statement that the member:
(1) Wishes to continue to serve on the board, commission, or committee; or
(2) Wishes to resign from the board, commission, or committee.
(e) If the member states that the member wishes to continue to serve, the member shall provide the mayor with one or more of the following:
(1) True information or documentation refuting the record of nonattendance or nonparticipation;
(2) A true statement as to why the member failed to attend the meetings referred to in subsection (a), to timely participate in the sunshine law training program, or to timely certify participation in the sunshine law training program; or
(3) A true statement of other mitigating circumstances.
(f) If the board, commission, or committee member provides a statement pursuant to subsection (d) that the member wishes to continue to serve, the mayor may, following the 30-day period referred to in subsection (d), but before 90 days following the notification given to the mayor pursuant to subsection (a):
(1) Issue a notice of removal of the board, commission, or committee member from the board, commission, or committee;
(2) Issue a notice of conditional retention of the board, commission, or committee member setting forth conditions under which the mayor will not remove the member; or
(3) Issue a notice of unconditional retention of the board, commission, or committee member.
Before the issuance of the notice, the mayor may consult with, among others, the director of the department or agency to which the board, commission, or committee is attached and the administrator of the sunshine law training program. The mayor’s notice of removal, conditional retention, or retention shall be mailed to the board, commission, or committee member at the member’s last known address on file with the board, commission, or committee. A copy of the mayor’s notice of removal, conditional retention, or retention shall be given to the chair of the board, commission, or committee. If the mayor fails to issue a notice under this subsection before the end of the 90-day period, the board, commission, or committee member shall be retained.
(g) If the mayor finds that a board, commission, or committee member has not abided by the conditions of a notice of conditional retention, the mayor may, after notifying the member of this finding and giving the member 14 days in which to respond, issue a notice of removal of the board, commission, or committee member and notify the board, commission, or committee member and chair in the manner provided in subsection (f).
(h) The chair of a board, commission, or committee who provides the mayor a notice pursuant to subsection (a) may also provide a copy of the notice to the director of any department or the head of any agency to which the board, commission, or committee is attached and the department’s director or the agency’s head may make to the mayor any recommendation deemed appropriate.
(i) In the event the board, commission, or committee member referred to in subsection (a) is the chair of a board, commission, or committee, the vice-chair of the board, commission, or committee shall act in the place of, and receive the notices provided for, the chair under this section.
(j) Two days following the issuance of a notice of removal, the board, commission, or committee member named in the notice shall be deemed removed as a member of the board, commission, or committee and the mayor shall notify the council that the board, commission, or committee member has been removed from office. Notwithstanding § 3-9.3, the removed board, commission, or committee member may continue to serve on the board, commission, or committee until a replacement has been appointed by the mayor and confirmed by the council.
(k) Notwithstanding this section, a member of a board, commission, or committee who is convicted of providing a false certification of participation in the sunshine law training program in violation of § 3-12.5(b), or is convicted of providing false information or documentation or a false statement to the mayor in violation of subsection (e) shall, upon conviction, be immediately removed as a member of the board, commission, or committee.
(1990 Code, Ch. 3, Art. 9, § 3-9.6) (Added by Ord. 97-03; Am. Ord. 03-30)