BBC(LEGAL) - BOARD MEMBERS: VACANCIES AND REMOVAL FROM OFFICE

RESIGNATION

EFFECTIVE DATE

HOLDOVER DOCTRINE

RESIDENCY

SINGLE-MEMBER DISTRICTS

RESIDENCE DEFINED

Note:The issue of whether a candidate has satisfied residency requirements should be judicially determined. State v. Fischer, 769 S.W.2d 619 (Tex. App.—Corpus Christi 1989, writ dism'd w.o.j)

INVOLUNTARY REMOVAL FROM OFFICE

QUO WARRANTO

A person usurps, intrudes into, or unlawfully holds or executes a public office; or

A public officer does an act or allows an act that by law causes forfeiture of office.

Civ. Prac. and Rem. Code 66.001–.002

REMOVAL BY PETITION AND TRIAL

REASONS FOR REMOVAL

Incompetency. "Incompetency" means:

Gross ignorance of official duties;

Gross carelessness in the discharge of those duties; or

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 officer's election.

Official misconduct. "Official misconduct" means intentional, unlawful behavior relating to official duties by an officer entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of an officer to perform a duty imposed on the officer by law.

Intoxication on or off duty caused by drinking an alcoholic beverage. Intoxication is not grounds for removal if it appears at the trial that the intoxication was caused by drinking an alcoholic beverage on the direction and prescription of a licensed physician practicing in this state.

The conviction of a board member by a jury for any felony or for misdemeanor official misconduct. The conviction of a public officer by a petit jury for any felony or for a misdemeanor involving official misconduct operates as an immediate removal from office of that officer.

Nonattendance of board meetings if the member is absent from more than half of the regularly scheduled board meetings that the member is eligible to attend during a calendar year, not counting an absence for which the member is excused by a majority vote of the board.

Tex. Const. Art. V, Sec. 24; Local Gov't Code 87.011(2)–(3), .013, .031; Education Code 130.0845

REMOVAL FOR PURCHASING VIOLATIONS

FILLING A VACANCY

SPECIAL ELECTION

APPOINTMENT

SINGLE-MEMBER DISTRICTS

TEMPORARY REPLACEMENT OF BOARD MEMBER ON MILITARY ACTIVE DUTY

The term of the active military service of the officer who is temporarily replaced; or

The term of office of the officer who is temporarily replaced.

Tex. Const. Art. XVI, Sec. 72

Austin Community College

BBC(LEGAL)-LJC

LDU 2016.01

DATE ISSUED: 9/22/2016