|
Members of the
governing board can be dismissed only for cause and by due process.
X
Compliance
___Partial Compliance ___Non-Compliance
Narrative
St. Petersburg
College is in compliance with this comprehensive standard because, by
the Florida Constitution and Statutes, every public officer is accorded
due process and dismissed only for cause.
State of Florida
policies addressing dismissal of public officers
As defined in the
Florida Constitution, the term of appointment for members of the St.
Petersburg College Board of Trustees (BOT) is for four years:
Excerpt from Florida Constitution,
Article IX, Section 3: Terms of appointive board members
Members of any appointive board dealing with education may serve terms
in excess of four years as provided by law.
The policies
concerning dismissal and other matters concerning the status of Board
members are contained in the Florida Constitution Section 7, Article IV
in Florida statutes. Every person holding any office of trust or
profit, under and by virtue of any of the laws of the state, is by the
constitution removable from office. As stipulated by law, circumstances
that may result in removal from the Board include:
- Malfeasance
- Misfeasance
- Permanent
inability to perform official duties
- Commission of
felony
- Neglect of
duty
- Drunkenness
- Incompetence
Changes in status
can only occur by action of the Governor of the State of Florida:
Excerpt from Florida Constitution, Article IV, Section 7. Suspensions;
filling office during suspensions
(a) By executive
order stating the grounds and filed with the custodian of state
records, the governor may suspend from office any state officer not
subject to impeachment, any officer of the militia not in the active
service of the United States, or any county officer, for
malfeasance, misfeasance, neglect of duty, drunkenness,
incompetence, permanent inability to perform official duties, or
commission of a felony, and may fill the office by appointment for
the period of suspension. The suspended officer may at any time
before removal be reinstated by the governor.
(b) The senate
may, in proceedings prescribed by law, remove from office or
reinstate the suspended official and for such purpose the senate may
be convened in special session by its president or by a majority of
its membership.
The Florida
Constitution holds due process as a basic right for all residents of the
State of Florida:
Excerpt from Florida Constitution,
Article I, Section 9. Due process
No person shall be deprived of
life, liberty or property without due process of law, or be twice
put in jeopardy for the same offense, or be compelled in any
criminal matter to be a witness against oneself.
Prior to formal
dismissal or removal, Board members are afforded due process. Due
process procedures available to Board members are the same as those
available to any officer of the State of Florida Part V, Chapter 112,
Florida Statutes: The Governor may suspend a member of the Board who is
indicted of a felony, or for a misdemeanor that arises directly out of
his or her duties by executive order and may fill the office by
appointment:
Excerpt from
Florida Statute 112.52 Removal of a public official when a method is
not otherwise provided
(1) When a
method for removal from office is not otherwise provided by the
State Constitution or by law, the Governor may by executive order
suspend from office an elected or appointed public official, by
whatever title known, who is indicted or informed against for
commission of any felony, or for any misdemeanor arising directly
out of his or her official conduct or duties, and may fill the
office by appointment for the period of suspension, not to extend
beyond the term.
(2) During the
period of the suspension, the public official shall not perform any
official act, duty, or function or receive any pay, allowance,
emolument, or privilege of office.
(3) If
convicted, the public official may be removed from office by
executive order of the Governor. For the purpose of this section,
any person who pleads guilty or nolo contendere or who is found
guilty shall be deemed to have been convicted, notwithstanding the
suspension of sentence or the withholding of adjudication.
(4) If the
public official is acquitted or found not guilty, or the charges are
otherwise dismissed, the Governor shall by executive order revoke
the suspension; and the public official shall be entitled to full
back pay and such other emoluments or allowances to which he or she
would have been entitled had he or she not been suspended.
According to
Florida Statute 1001.61,
Community college boards of trustees; membership,
a trustee also may be dismissed from the Board if the member fails to
attend three consecutive meetings in any fiscal year.
Excerpt from Florida Statute 1001.61,
Community college boards of trustees
It is the further duty of the
chair of each board of trustees to notify the Governor, in writing,
whenever a board member fails to attend three consecutive regular
board meetings in any one fiscal year, which absences may be grounds
for removal.
No Board member
ever has been suspended or dismissed.
References
|