BBC Local
BOARD MEMBERS - VACANCIES AND REMOVAL FROM OFFICE
SECTION ONE: PURPOSE AND ALIGNMENT OF POLICY
1.01 Purpose
1.01.1 The purpose of this local policy is the following:
1.01.2 Protect the interests of the College District while safeguarding each individual Trustee’s ability to exercise their responsibilities without fear of retaliation, such as arbitrary or capricious removal from office; and
1.01.3 Acknowledge that the removal of a member of the Board of Trustees from office is governed through a legal process established in Texas Local Gov’t Code 87.015-87.032.
2.01 Alignment
In order for the Board of Trustees to perform its governance functions effectively, it is necessary for Trustees to exercise their responsibilities without fear of retaliation, including arbitrary or capricious removal from office. Concurrently, eligible stakeholders must have the ability to petition for the removal of an elected Trustee for misconduct or incompetency.
SECTION TWO: GENERAL PROVISIONS
2.01 The College fully incorporates, recognizes, and complies with all provisions contained in policy BBC (Legal)
2.02 Appointment Procedure
2.02.1 At a public meeting of the Board, when an impending or actual vacancy is officially recognized, the Board President shall invite the Trustees to nominate candidates for consideration to fill the vacancy.
2.02.2 At the same meeting, the Board President shall appoint a committee comprising no more than three Trustees to (a) consider the qualifications of each nominee and (b) develop a resolution recommending a nominee for appointment to the Board. The committee may request relevant documentation and information from nominees, and the College President may assign a College employee to support the work of the committee.
2.02.3 A member of the committee shall present the resolution to fill the vacancy at the next regular meeting. The committee will invite the nominee it plans to recommend to fill the vacancy to attend the Board meeting. The committee may present whatever information it deems necessary and prudent for the Board to consider its resolution.
2.02.4 An affirmative vote by a majority of all Board members is required to appoint a Trustee. In which case, the Board President will administer the oath of office to the appointed Trustee, and he or she will immediately assume the Trustee position.
2.02.5 If a majority of all Board members vote in the negative on the resolution, the Board President may invite a resolution from any Trustee to fill the position immediately with a qualified candidate or may invite additional nominations from Trustees for the committee to consider.
SECTION THREE: IMPLEMENTATION AND REVIEW
3.01 Responsible Person
The College President is responsible for the implementation of this policy in terms of responding to inquiries about the process and ensuring the prompt response to any related court order or legal process.
3.02 Communication to Constituents
The College District shall publish all policies and regulations in the Angelina College Policy & Procedure Manual, which the College makes available on its website with a hyperlink on the homepage.
The College President or designee will ensure the College Marketing Office provides a hyperlink to all new or revised policies and regulations in the Angelina College Policy & Procedure Manual in the “Weekly Update” email message sent to all employees.
The Office of the President conducts an orientation for each newly-elected Trustee prior to the first regular Board meeting of the Trustee’s first term of office. One aspect of the orientation is a review of the policies and regulations of the College District, which includes a review of this policy.
3.03 Timeline for Completion of Procedures
Except for the communication protocols described in Section 3.02 of this policy, all processes and procedures related to the involuntary removal of a Trustee from office are established by the laws of the State of Texas.
3.04 Methodology for Monitoring Compliance and Reporting Results
The College President shall monitor compliance with this policy and report results to the Board of Trustees whenever the legal process for the involuntary removal of a Trustee from office is initiated.
3.05 Schedule for Review
The College President or his designee will review this policy by monitoring changes in state law through the legislative process, relevant court decisions, or opinions published by the Texas Attorney General.
SECTION FOUR: IMPLEMENTATION
4.01 The College President is responsible for adopting procedures as necessary to implement this policy.
4.02 Compliance with the adopted procedures is mandatory.
The President of the College is responsible for updating and reviewing this policy. Policy reviews are made in accordance with the Office of Institutional Effectiveness Policy Tracking document.
Document History:
Adopted: 03/2005
Revised: 02/2024