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Collin County Community College 043500 BOARD MEMBERS: VACANCIES AND REMOVAL FROM OFFICE |
BBC (LEGAL) |
| 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. If the vacancy occurs on a Board whose members are elected at large/by position, 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. Education Code 130.082(d), 130.073(k) |
| RESIGNATION | To be effective, a Board member's resignation must be in writing and signed by the officer 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. Election Code 201.001(a), 201.023 |
| 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. Tex. Const., Art. XVI, Sec. 14; Whitmarsh v. Buckley, 324 S.W.2d 298 (Tex. Civ. App. 1959) |
| REMOVAL FROM OFFICE |
Board members may be removed from Board membership for incompetency, official misconduct, intoxication on or off duty caused by drinking an alcoholic beverage (but not if it was caused by drinking such beverage on the direction and prescription of a licensed physician), or conviction by a jury for any felony or for misdemeanor official misconduct. "Official misconduct" includes conviction of an offense relating to violation of purchase procedures.
Actions for removal of Board members must be brought before the judge of the district court holding jurisdiction, except that any court convicting a Trustee of a felony or official misconduct shall order immediate removal. Tex. Const., Art. V, Sec. 24; Loc. Gov't. Code 87.011, 87.012, 87.013, 87.031; Education Code 44.032(e) |
| DATE ISSUED: 02/05/1996 UPDATE 11 BBC(LEGAL)-AJC |