Guest Dylan Ride Posted October 31, 2011 at 09:12 AM Report Share Posted October 31, 2011 at 09:12 AM It has come to the attention of our school board that a current member has knowingly violated the Election Code - and their actions constitutes a Class 4 felony. The State Atty. made this ruling on two separate counts. However, they have (at this time) chosen not to prosecute but will if further violations become known.The board is split on how to handle this. Some want to Censure the person. Some what the person removed from seat.Is Censure the only option? How can a member be removed? Link to comment Share on other sites More sharing options...
Larry Cisar Posted October 31, 2011 at 10:44 AM Report Share Posted October 31, 2011 at 10:44 AM School board is a legal body so consult a lawyer. Link to comment Share on other sites More sharing options...
J. J. Posted October 31, 2011 at 04:48 PM Report Share Posted October 31, 2011 at 04:48 PM It has come to the attention of our school board that a current member has knowingly violated the Election Code - and their actions constitutes a Class 4 felony. The State Atty. made this ruling on two separate counts. However, they have (at this time) chosen not to prosecute but will if further violations become known.The board is split on how to handle this. Some want to Censure the person. Some what the person removed from seat.Is Censure the only option? How can a member be removed?The board may or may not be able to remove the member in such a situation. That would likely be established in statute and is properly the area of an attorney licensed to practice in your state (and preferably familiar with the issue). It may well beyond the power of the board to remove a member in circumstances like this.The board may adopt a motion "That ____ be censured for ______ (p. 643, fn.)" It is in order, though it might create a liability issue for the board. The motion, in that instance, expresses the opinion of the board, but does not rise to the level of disciplining a member.The board may also adopt a motion suggesting the member resign, but the member is under no obligation to do so, Link to comment Share on other sites More sharing options...
Gary Novosielski Posted October 31, 2011 at 07:00 PM Report Share Posted October 31, 2011 at 07:00 PM If there's been a violation of the election code, there is probably an adminstrative body at the state level empowered to enforce such laws, and there may be an ethics commission that is empowered to investigate and act on alleged violations, and remove members who are found worthy of such discipline. Check with your board's lawyer to see how to handle this. In some states any citizen can allege the violation. It does not take an action of the board. Link to comment Share on other sites More sharing options...
Burke Balch Posted November 1, 2011 at 05:00 AM Report Share Posted November 1, 2011 at 05:00 AM It is quite true that as a public body the school board's power to remove or otherwise discipline one of its members may be regulated by law, and an attorney should be consulted.To the extent that the school board's authority or process is not otherwise determined by law, however, and if RONR is the board's parliamentary authority, Chapter 20 ("Disciplinary Procedures") of the Eleventh Edition (substantially revised from the previous editions) also ought to be consulted. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.