Comprehensive Standard 3.2.5
The governing board
has a policy whereby members can be dismissed only for appropriate reasons and
by a fair process. (Board dismissal)
Non-Compliance
The governing board, the Alabama State Board of Education, has a policy
(Code of Alabama - Title 16: Education - Section
16-3-4 - Removal of Members) whereby members can be dismissed for appropriate
reasons. The Code also employs a fair
process which includes giving to him a copy of the charges against him and,
upon not less than 10 days notice, an opportunity of being heard publicly or by
counsel in his/her own defense. The
institution did not address the issue of implementation of the board dismissal
policy.
Response:
Members of the governing board of the Alabama State
Board of Education are elected.
Therefore, a member, during his/her term of office can be involuntarily
removed from office, just as any legislator, only by conviction following a
trial of impeachment, the terms of which are provided in the Constitution of the State of Alabama.
Any board member whom the governor may appoint to fill the unexpired term of an
elected board member who resigns or dies or is removed from office can only be
removed from his/her seat by due process, as provided for in the
Code of Alabama Section
16-3-4.
The Governor may remove any appointive member
of the board for immorality, misconduct in office, incompetency or willful
neglect of duty, giving to him a copy of the charges against him and, upon not
less than 10 days’ notice, an opportunity of being heard publicly in person or
by counsel in his own defense. If any
member shall be removed, the Governor shall file in the office of the Secretary
of State a complete statement of all charges against such member of his
findings thereon, together with a complete record of the proceedings.
While the Code of Alabama clearly states the procedure for the
removal of an appointed school board member there have been no documented cases
in the State of Alabama for the removal or dismissal of any elected school
board member. The Code of
Alabama 1975 Section 36-25-1 defines
a PUBLIC OFFICIAL as “[a]ny person elected to public office, whether or not
that person has taken office, by the vote of the people at state, county, or
municipal level of government or their instrumentalities, including governmental
corporations…”
The Code of Alabama
1975 Section 36-11-1 provides for the impeachment and removal from office
of public officers. “(a) The following officers may be impeached and removed
from office: judges of circuit and probate courts, district attorneys, judges
of the courts of appeals, district judges, sheriffs, clerks of the circuit
courts, tax collectors, tax assessors, county treasurers, coroners, notaries
public, constables and all other state officers not named in Section 173 of the
Constitution and all other county officers and mayors and intendants of incorporated
cities and towns in this state. (b) The officers specified in subsection (a) of
this section may be impeached and removed from office for the following causes:
(1) Willful neglect of duty;
(2) Corruption in office;
(3) Incompetency;
(4)
Intemperance in the use of intoxicating liquors or narcotics to such an extent
in view of the dignity
of the office and importance of its duties
as unfits the officer for the discharge of such duties; or
(5) Any
offense involving moral turpitude while in office or committed under color
thereof or connected therewith.”
The
sections of the Alabama Constitution that deal with impeachment are: Article 7 Section
173 – specifically lists “governor, lieutenant-governor, attorney-general,
state auditor, secretary of state, state treasurer, superintendent of
education, commissioner of agriculture and industries, and justices of the
supreme court.” It further provides for the grounds and process for impeachment
Section 174
– specifically lists chancellors (read now as judges), judges of circuit and
probate courts, judges of courts from which appeal may be taken directly to
Supreme Court, solicitors and sheriffs. Section 175 –
specifically lists clerks of circuit courts, courts of like jurisdiction and
criminal courts, tax collectors, tax assessors, judges of inferior courts,
coroners, justices of the peace, notaries public, constables and county and
municipal officers.
There are no Alabama
cases dealing with the impeachment of elected state school board members.
Documentation:
|
Documentation |
Location |
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The Code of Alabama 1975 Section 16-3-4 |
|
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The Code of Alabama 1975 Section 36-25-1 |
|
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The Code of Alabama 1975 Section 36-11-1 |
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Alabama Constitution Section 173 |
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Alabama Constitution Section 174 |
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Alabama Constitution Section 175 |