SUMMARY: This chapter outlines the procedure and criteria by which the State Board of Education may recommend to the Governor the removal of a member from office prior to completion of the term of appointment for failure to perform the duties of office.

Section 1. Criteria for removal

The State Board of Education shall recommend to the Governor the removal of a member prior to completion of the term of office if the member:

A. Is absent without excuse from three (3) regular Board meetings within a twelve month period, or; B. Exhibits a pattern of repeated and willful failure to follow through in a timely manner on responsibilities assigned and assumed, or; C. Exhibits repeated inability to vote or act on agenda items because of conflict of interest.

When a member must be absent from a regular meeting or subcommittee meeting of the State Board of Education for any reason, that member shall contact the Board Chairman and request to be excused from the meeting; if the Chairman must be absent, he/she shall contact the Vice-Chairman. The Chairman, or Vice Chairman in the case of absence of the Chairman, shall determine whether or not the request shall be granted. The minutes of each meeting shall reflect the names of the members present, those absent with excuse (if any) and those absent without excuse (if any).

An absence for any of the following reasons requested in advance shall be routinely considered an excused absence: illness of the member or member of his/her immediate family, death in the member's immediate family, a short-term immediate family obligation, or an unavoidable commitment related to the member's employment (so long as such a commitment is not of the type which prevents the member from attending on a regular basis). Absences for reasons other than those identified above shall be considered by the Board Chairman on an individual basis.

Section 2. Procedure for Removal

The Board shall take the following action when a member is absent without excuse, exhibits a pattern of repeated and willful failure to follow through on responsibilities, or exhibits repeated inability to vote or act on agenda items because of conflict of interest:

A. After two (2) unexcused absences from regular meetings within a twelve month period, or if the member appears to have demonstrated a repeated pattern of willful failure to follow through in a timely manner on responsibilities assigned and assumed, or if the member appears to have demonstrated a repeated pattern of inability to vote or act on

agenda items because of conflict of interest, the member shall be notified in writing by the Board informing him/her that a third unexcused absence from a regular meeting within a twelve month period,, or failure to follow through in a timely manner on responsibilities assigned and assumed, or inability to vote or act on agenda items because of conflict of interest will constitute cause for the Board to recommend to the Governor that the member be removed from off ice prior to the completion of his/her term.

B. After three (3) unexcused absences from regular meetings within a twelve month period, or if a member has demonstrated a repeated pattern of willful failure to follow through in a timely manner on responsibilities assigned and assumed, or if a member has demonstrated a repeated pattern of inability to vote or act on agenda items because of conflict of interest, the Board shall notify said member in writing that the Board will consider recommending to the Governor that the Board member be removed from office immediately at the next regular meeting of the Board or at a special meeting called for the purpose of considering this matter.

C. At the meeting where the removal of the member from office, in accordance with this policy, is being considered, the Board member who is the subject of the action shall be provided the opportunity to present his/her reasons why the Board should not recommend removal from office.

D. Following deliberations, the Board shall vote whether or not to recommend removal from office. An affirmative vote of two-thirds of the Board members shall be required to recommend removal.

E. Should the Governor remove the member from office prior to the completion of his/her term of appointment in accordance with this policy,, the vacancy shall be filled according to law.

STATUTORY AUTHORITY

20-A MRSA section 401, sub-section 4

EFFECTIVE DATE:

December 21, 1988

EFFECTIVE DATE (ELECTRONIC CONVERSION):

May 19, 1996