§ 21586
253 words·~1 min read·
/ca/elections-code/21586A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)The commission may only remove a commission member for substantial neglect of duty, gross misconduct in office, causing the commission to be unable to discharge its duties with nine affirmative votes, or if it is later discovered that the commission member did not meet the required qualifications, as set forth in subdivision
(d)of Section 21582, at the time of appointment or if the commission member no longer meets those required qualifications while serving on the commission. At least three affirmative votes to remove a member shall be from commission members of one political party, and at least three affirmative votes to remove a member shall be from commission members of one other political party.
(1)A commission member or alternate commission member who is subject to removal shall not vote on their own removal.
(b)Prior to removal pursuant to subdivision (a), a commission member is entitled to receive all of the following from the commission:
(1)The reasons for their proposed removal, in writing.
(2)At least one week’s written notice of the public meeting where the commission will vote on their proposed removal.
(3)The opportunity to respond to or rebut the reasons for their removal in writing and at the public meeting described in paragraph (2).
(c)The commission may employ legal counsel in seeking removal of a commission member pursuant to this section.
(d)The decision of the commission to remove a member pursuant to this section is final, nonappealable, and is not subject to judicial review.