2019 Kentucky Revised Statutes Chapter 63 - Resignations, removals, and vacancies 63.080 Officers appointed by Governor may be removed without cause -- Exceptions -- Removal of university or KCTCS board members for cause or to comply with proportional representation requirements.
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63.080 Officers appointed by Governor may be removed without cause -Exceptions -- Removal of university or KCTCS board members for cause
or to comply with proportional representation requirements.
(1)
(2)
(3)
Except as provided in subsection (2) of this section and otherwise provided by
law, any person appointed by the Governor, either with or without the advice
and consent of the Senate, may be removed from office by the Governor for
any cause the Governor deems sufficient, by an order of the Governor entered
in the executive journal removing the officer.
(a) Except as provided in subsections (3) and (4) of this section, members of
the board of trustees of the University of Kentucky, the board of trustees
of the University of Louisville, members of the board of regents
respectively of Eastern Kentucky University, Western Kentucky
University, Morehead State University, Kentucky State University,
Northern Kentucky University, Murray State University, and the Kentucky
Community and Technical College System shall not be removed except
for cause.
(b) Members of the Kentucky Board of Education and the Council on
Postsecondary Education shall not be removed except for cause.
(c) A member of a board of trustees or board of regents specified in
paragraph (a) of this subsection may be removed for cause as follows:
1.
The Governor or the board of trustees or board of regents, as
applicable, shall notify, in writing, the member and the Council on
Postsecondary Education that the member should be removed for
cause and shall specify the conduct warranting removal;
2.
The member shall have seven (7) days to voluntarily resign or to
provide evidence to the Council on Postsecondary Education that
the member's conduct does not warrant removal;
3.
Within thirty (30) days after receipt of notice from the Governor or
the board, the Council on Postsecondary Education shall review the
written notice, investigate the member and the conduct alleged to
support removal, and make a nonbinding recommendation, in
writing, to the Governor as to whether the member should be
removed, a copy of which shall also be provided to the Legislative
Research Commission;
4.
The Governor shall then make a determination, in writing, whether
the member should be removed and shall notify the member, the
applicable board, the Council on Postsecondary Education, and the
Legislative Research Commission of the determination; and
5.
If the Governor's determination is to remove the member, the
Governor shall remove the member by executive order, and shall
replace the member with a new appointment according to the
applicable statutes for the board of trustees or board of regents.
(d) For the purposes of this subsection, a member may be removed for
cause for conduct including but not limited to malfeasance, misfeasance,
incompetence, or gross neglect of duty.
For a board specified in subsection (2)(a) of this section that is required by law
(4)
to have proportional representation in its membership based on residence,
political affiliation, gender, minority racial composition, or professional
qualifications, the Governor or other appointing authority may remove any
member of the board and replace him or her with another individual in order to
bring the membership into compliance with the statutory proportional
representation requirement for the board, provided that the Governor or other
appointing authority shall:
(a) Only exercise the removal authority granted in this subsection if
appointment at the end of the next expiring term of a member, or at the
end of the next expiring term of members if two (2) or more members'
terms expire at the same time, cannot cure the deficiency in the
proportional representation requirement;
(b) Remove the fewest number of members necessary to bring the
membership into compliance with the proportional representation
requirement for the board;
(c) Identify the order in which the members were appointed to their current
terms on the board and, beginning with the most recently appointed
member who may be removed and replaced to bring the membership into
compliance with the proportional representation requirement, remove the
member or members according to the length of their tenure on the board,
without taking into account any prior term of service on the board by the
member;
(d) Provide any member proposed to be removed with the following:
1.
Written notice, at least seven (7) days prior to the member's removal
from the board, stating the statutory proportional representation
requirement that the member does not satisfy; and
2.
An opportunity during the seven (7) day notice period for the
member to voluntarily resign or to provide evidence to the Governor
or other appointing authority that the member does satisfy the
proportional representation requirement or that another member on
the board who also does not satisfy the requirement has a shorter
tenure than the member proposed to be removed;
(e) Replace any removed member with only those individuals who will bring
the board into compliance with the proportional representation
requirement; and
(f) Appoint any new member in the same manner as provided by law for the
member being removed and to fill the remainder of the removed
member's unexpired term.
For a board of trustees or board of regents specified in subsection (2)(a) of this
section, the Governor may remove for cause all appointed members of the
board and replace the entire appointed membership as follows:
(a) The Governor shall notify, in writing, the board and the Council on
Postsecondary Education that the entire appointed membership of the
board should be removed for cause and shall specify the conduct
warranting removal;
(b) The board or its members shall have seven (7) days to voluntarily resign
or to provide evidence to the Council on Postsecondary Education that
the conduct of the board or of individual members does not warrant
removal;
(c) Within thirty (30) days after receipt of notice from the Governor, the
Council on Postsecondary Education shall review the written notice,
investigate the board and the conduct alleged to support removal, and
make a nonbinding recommendation, in writing, to the Governor as to
whether the appointed board membership should be removed, a copy of
which shall also be provided to the Legislative Research Commission;
(d) The Governor shall then make a determination, in writing, whether the
entire appointed board membership should be removed and shall notify
the members, the Council on Postsecondary Education, and the
Legislative Research Commission of the determination; and
(e) If the Governor's determination is to remove the entire appointed
membership of the board, the Governor shall remove the members by
executive order, and shall replace the members with new appointments
according to the applicable statutes for the board of trustees or board or
regents.
For the purposes of this subsection, the entire appointed membership of a
board of trustees or board of regents may be removed for cause if the board is
no longer functioning according to its statutory mandate as specified in the
enabling statutes applicable to the board, or if the board membership's conduct
as a whole constitutes malfeasance, misfeasance, incompetence, or gross
neglect of duty, such that the conduct cannot be attributed to any single
member or members.
Effective:March 21, 2017
History: Amended 2017 Ky. Acts ch. 101, sec. 1, effective March 21, 2017. -Amended 1997 (1st Extra. Sess.) Ky. Acts ch. 1, sec. 41, effective May 30,
1997. -- Amended 1996 Ky. Acts ch. 362, sec. 6, effective July 15, 1996. -Amended 1992 Ky. Acts ch. 10, sec. 16, effective July 1, 1992. -- Amended
1990 Ky. Acts Acts ch. 60, sec. 2, effective July 13, 1990; ch. 476, Pt. II, sec.
37, effective July 13, 1990; and ch. 504, sec. 5, effective July 13, 1990. -Amended 1968 Ky. Acts ch. 152, sec. 28. -- Amended 1966 Ky. Acts ch. 255,
sec. 67. -- Amended 1948 Ky. Acts ch. 25, sec. 1. -- Recodified 1942 Ky. Acts
ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. sec. 3750.
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