ASK THE EXPERTS
Can a Board of Directors Remove One of its Members from Office? By Derek Cole, Partner and Co-founder, Cole Huber LLP
Can a special district’s board of directors remove one of its members? What if that member is constantly disruptive during meetings? What if he or she is abusive toward the public or district employees? Or what if a member puts no time or effort into doing his or her job? Are these or any other grounds ever cause for a board to vote to expel one of its members? 18
The short answer is no. California law generally leaves it to voters to decide the fate of elected officials who, for whatever reasons, choose not to perform their duties or who act disruptively or abusively. The usual remedies for dealing with these types of officials—defeat at the next election and recall—are political, not legal. There are, however, a few situations in which elected officials can be deemed to forfeit their offices. In these situations, California law considers an elected office “vacant.” The most obvious of these situations are when an elected official resigns or moves out of his or her district or agency territory. (Gov. Code, § 1770(c)(1), (e).) But there are other—and less voluntary— situations in which offices can become vacant. Of note, an elected official who leaves the state
California Special Districts • Mar-Apr 2020
