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2014 SESSION

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14104316D
HOUSE BILL NO. 1272 Offered January 23, 2014 A BILL to amend and reenact § 2.2-108 of the Code of Virginia, relating to the Governor; removal of board members; public institutions of higher education. ---------- Patron-- Howell, A.T. ---------- Unanimous consent to introduce ---------- Referred to Committee on General Laws ----------

Be it enacted by the General Assembly of Virginia:

1. That § 2.2-108 of the Code of Virginia is amended and reenacted as follows:

§ 2.2-108. Removal of members of certain boards, commissions, etc.

A. Notwithstanding any provision of law to the contrary, the Governor may remove from office for malfeasance, misfeasance, incompetence, or gross neglect of duty any member of the board of any public institution of higher education or other educational institution in Virginia, and fill the vacancy resulting from the removal. Each appointment to fill a vacancy shall be subject to confirmation by the General Assembly.

B. Notwithstanding any provision of law to the contrary, the Governor may remove from office for malfeasance, misfeasance, incompetence, misconduct, neglect of duty, absenteeism, conflict of interests, failure to carry out the policies of the Commonwealth as established in the Constitution or by the General Assembly, or refusal to carry out a lawful directive of the Governor any member of any board, commission, council or other collegial body established by the General Assembly in the executive branch of state government except those boards provided for in subsection A, and fill the vacancy resulting from the removal subject to confirmation by the General Assembly.

C. The Governor shall set forth in a written public statement his reasons for removing any member pursuant to this section subsection B at the time the removal occurs. The Governor shall be the sole judge of the sufficiency of the cause for removal as set forth in this section.