49-8-204 - Code of ethics Material violation Hearing Vacancy.
49-8-204. Code of ethics Material violation Hearing Vacancy.
(a) The board shall establish and adopt a code of ethics that shall apply to and govern the conduct of all appointed members of the board.
(b) Notwithstanding any other law to the contrary, by a two-thirds (2/3) vote of its membership, the board may remove any appointed member of the board for a material violation of the code of ethics.
(c) A board vote to remove one of its members shall only be taken after the accused member has been afforded a due process contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5 and a finding has been made that the member did violate the board's code of ethics.
(d) If a member is removed in accordance with this section, the position shall be considered vacant and the vacancy shall be filled as provided by law.
[Acts 2003, ch. 327, § 2.]