BBC (Local) – Board Members: Vacancies and Removal From Office


SECTION ONE: VACANCIES AND REMOVAL FROM OFFICE

1.01     VACANCY

Any vacancy occurring on the Board through death, resignation, or otherwise, shall be filled by a special election ordered by the Board or by appointment by resolution or order of the Board. The person appointed to fill the unexpired term shall serve until the next regular election of members to the Board, at which time the position shall be filled by election for a term appropriately shortened to conform with what regularly would have been the length of the term for that position.

1.02     SPECIAL ELECTION

A special election shall be conducted in the same manner as the general election on the next uniform election date that will afford enough time to hold the election in the manner required by law.

1.03     RESIGNATION

To be effective, a Trustee’s resignation must be in writing and signed by the Trustee and must be delivered to the Board for acting on the resignation. The Board may not refuse to accept a resignation. If a Trustee submits a resignation, whether to be effective immediately or at a future date, a vacancy occurs on the date the resignation is accepted by the Board or on the eighth day after the date of its receipt by the Board, whichever is earlier.

1.04     NONRESIDENCE

A person elected to serve as a Board member must remain a resident of the District throughout the term of office. A Board member who ceases to reside in the District vacates his or her office.

1.05     HOLDOVER DOCTRINE

A Trustee shall continue to perform the duties of his/her office until his/her successor shall be duly qualified through the administration of the oath of office.  Until the vacancy created by a Trustee’s resignation is filled by a successor, the Trustee continues to serve and have the duties and powers of office and continues to be subject to the nepotism provision.  A holdover Trustee may not vote on the appointment of the Trustee’s successor.

1.06     REMOVAL FROM OFFICE  

A Trustee may be involuntarily removed from office for cause by due process. It requires a petition in the county district court as provided by Government Code 87.015. Reasons for removal may include the following:

1.06.1  Incompetency. “Incompetency” means: (a) gross ignorance of official duties, (b) gross carelessness in the discharge of those duties, or (c) unfitness or inability to promptly and properly discharge official duties because of a serious physical or mental defect that did not exist at the time of the Trustee’s election.

1.06.2  Official Misconduct. “Official misconduct” means intentional, unlawful behavior relating to official duties by a Trustee.  The term includes an intentional or corrupt failure, refusal, or neglect of a Trustee to perform a duty imposed on the Trustee by law. A member who is convicted of a purchasing offense is considered to have committed official misconduct and is subject to removal.

1.06.3  Conviction. The conviction by a petit jury for any felony or a misdemeanor involving official misconduct operates as an immediate removal from office.

1.06.4  Non-Attendance.  If a member is absent from more than half of the regularly scheduled board meetings for which the member is eligible to attend during a calendar year, not counting absences excused by a majority vote of the board, the member is subject to petition for removal.

SECTION TWO: APPOINTMENT PROCEDURE

2.01     At a public meeting of the Board when an impending or actual vacancy is officially recognized, the Board President shall invite the Trustees to nominate candidates for consideration to fill the vacancy.

2.02     At the same meeting, the Board President shall appoint a committee comprising no more than three Trustees to (a) consider the qualifications of each nominee and (b) develop a resolution recommending a nominee for appointment to the Board.  The committee may request relevant documentation and information from nominees, and the College President may assign a College employee to support the work of the committee.

2.03     A member of the committee shall present the resolution to fill the vacancy at the next regular meeting.  The committee will invite the nominee it plans to recommend to fill the vacancy to attend the Board meeting. The committee may present whatever information it deems necessary and prudent for the Board to consider its resolution.

2.04     An affirmative vote by a majority of all Board members is required to appoint a Trustee.   In which case, the Board President will administer the oath of office to the appointed Trustee, and he or she will immediately assume the Trustee position.

2.05     If a majority of all Board members votes in the negative on the resolution, the Board President may invite a resolution from any Trustee to fill the position immediately with a qualified candidate, or may invite additional nominations from Trustees for the committee to consider.

Adopted: 7/2017