Part 3 - Comprehensive Standards
  

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)

Compliance
Partial Compliance
Non-Compliance

Narrative

All board members of the Louisiana Board of Regents (BOR) which serves as the policy and coordinating board for all of Public Postsecondary Education institutions in Louisiana, and the University of Louisiana System Board of Supervisors (ULS) which serves as the governing/management board for the University of New Orleans, are appointed state officials in unclassified service. As such, board members are subject to Louisiana statutes concerning dismissal with cause and the right to appeal.

The Louisiana Constitution provides for removal of any appointed state official in the following article

§ 24 Impeachment [Page: 8]

Section 24 (A) Persons Liable. A state or district official, whether elected or appointed, shall be liable to impeachment for commission or conviction, during his term of office of a felony or for malfeasance or gross misconduct while in such office.

(B) Procedure. Impeachment shall be by the House of Representatives and trial by the Senate, with senators under oath or affirmation for the trial. The concurrence of two-thirds of the elected senators shall be necessary to convict. The Senate may try an impeachment whether or not the House is in session and may adjourn when it deems proper. Conviction upon impeachment shall result in immediate removal from office. Nothing herein shall prevent other action, prosecution, or punishment authorized by law.

Bylaw Section I. Definitions of the University of Louisiana Board of Supervisors also addresses removal for cause:

Members of the Board are considered to be appointed state officials in unclassified service (La. Const. Art. X Public Officials and Employees, Part I, Sec. 2). As such, they may be removed from office through impeachment for cause (La. Const. Art. X. Public Officials and Employees, Part III, Sec. 24 [Page: 8] ). Cause may include, but may not be limited to, commission or conviction during the term of office, of a felony or for malfeasance or gross misconduct while in office. Due process shall be provided with a trial by the Senate. The Board may also establish guidelines for the conduct of its members. 

Due Process in the dismissal of persons in unclassified service and their right to appeal are also addressed in two other regulations:

Removal of Public Officers by Suit

A public officer shall be removed from office for conviction during his term of office of a felony. The statute also makes provisions for compensation and reinstatement if the conviction is reversed on appeal.

Louisiana Code of Governmental Ethics Appeals

Whenever action is taken against any public servant or person by the board or panel head by order of the board or panel, or whenever any public servant or person is aggrieved by any action taken by the board or panel, he may appeal there from to the Court of Appeal, First Circuit, if application to the board is made within thirty days after the decision of the board becomes final.

Supporting Documents

Document Description
Document IconLA_Code_Ethics_AppealsLouisiana Code of Ethics appeals process
Document IconLA_Constitution_Sec_24_ImpeachmentSection 24 of Louisiana Constitution - Impeachment
Document IconRemoval_of_Public_Offices_SuitRemoval of Public Officers by Suit
Document IconUL_System_Bylaws_Section_1_DefinitionsUniversity of Louisiana System Bylaws & Rules, Section 1, Definitions