4.2.e Board Dismissal
The governing
board has appropriate and fair processes for the dismissal of a board member.
x Compliance o Non-Compliance o Partial
Compliance
All board members
of the BOR and the UL System BOS are appointed state officials in unclassified
service, and as such are subject to Louisiana statutes concerning dismissal
with cause and the right to appeal. Specifically, the Louisiana Constitution
provides for removal of any appointed state
official in the following
article:
§24. Impeachment
Section 24. (A) Persons Liable. A state or district official,
whether elected or appointed, shall be liable to impeachment for commission or
conviction, during his term of office of a felony or for malfeasance or gross
misconduct while in such office.
(B) Procedure. Impeachment shall be by the House of
Representatives and trial by the Senate, with senators under oath or
affirmation for the trial. The concurrence of two-thirds of the elected
senators shall be necessary to convict. The Senate may try an impeachment
whether or not the House is in session and may adjourn when it deems proper.
Conviction upon impeachment shall result in immediate removal from office.
Nothing herein shall prevent other action, prosecution, or punishment
authorized by law. State Law: Impeachment.
The Bylaws of the BOS further address removal for cause:
Members of the Board are considered to be appointed state
officials in unclassified service (La.
Const., Art. X Public Officials
and Employees, Part I., Sec. 2). As
such, they may be removed from office through impeachment for cause (La. Const., Art.
X. Public Officials and
Employees, Part III, Sec. 24). Cause may
include, but may not be limited to, commission or conviction during the term of
office, of a felony or for malfeasance or gross misconduct while in office. Due
process shall be provided with a trial by the Senate. The Board may also establish guidelines for
the conduct of its members.
Due process in
the dismissal of persons in unclassified service and their right to appeal are
addressed in two other regulations:
·
Removal of Public Officers by suit: “A
public officer shall be removed from office for conviction during his term of
office of a felony.” The statue also makes provisions for compensation and
reinstatement if the conviction is reversed on appeal.
·
Louisiana
Code of Governmental Ethics Appeals: When action is taken against any public
servant or person by the Board or panel, or by an agency head by order of the
Board or panel, or when any public servant or person is aggrieved by any action
taken by the Board or panel, he/she may appeal to the Court of Appeal, First
Circuit, if application to the Board is made within thirty days after the
decision of the Board becomes final.
Upon taking
office, BOS and BOR members swear an oath to
abide by the state laws. Board members can access the UL System Bylaws in the Board Members section of
the BOS website.
No dismissal
proceedings have occurred during the period under review.
BOS Bylaws
and Rules: Impeachment
BOS Rules, Policies, and Procedures
LA Code of
Governmental Ethics: Appeals
LA
Constitution Article 10, Section 24: Impeachment
LA Revised
Statute 42:1411, Removal of Public Officers by Suit