Purpose

• Establish a formal process for the Legislature to remove inferior executive branch officers (such as heads, deputies, or division directors) for malfeasance or nonfeasance.
• Allow removal to occur despite other laws or administrative budget plans.

Key definitions

• Agency: any executive branch board, commission, council, committee, authority, office, or similar public entity created by law.
• Department: each department named in statute.
• Inferior officer: the head, deputy head, or assistant heads of any agency or department, and the director or other head of any division, bureau, office, or similar unit within an agency or department.
• Malfeasance: willful, unlawful or wrongful act in the officer’s duties that goes beyond the officer’s authority and infringes others’ rights.
• Nonfeasance: willful failure to perform a required duty.

What the bill would do (Main provisions)

• Legislative removal authority: The Legislature can require the immediate removal of an inferior officer for malfeasance or nonfeasance, even if other laws or budget plans would normally limit such action.
• Complaint process:
  • Any state senator can file a complaint with the Senate Majority Leader; any state representative can file with the Speaker of the House.
  • The complaint must specify facts alleging malfeasance or nonfeasance.
  • Within 10 days, the complaint is forwarded to the appropriate legislative committee, and copies are sent to the governor and the named officer.
• Public proceedings:
  • The legislative committee must begin public proceedings within 30 days of receiving the complaint.
  • Complaints may be amended up to 20 days before public hearings; later amendments may be allowed for good cause.
  • The complainant and the officer may be represented by legal counsel; the officer can respond, call and cross-examine witnesses, and present evidence.
  • The proceedings and all records are public, unless the officer waives public proceedings in writing.
  • The committee must hear testimony and evidence to determine, by clear and convincing evidence, whether malfeasance or nonfeasance occurred and whether the facts prove those actions.
• Disposition by the committee:
  • The committee can dismiss the complaint if the standard is not met.
  • If the committee finds malfeasance or nonfeasance, it must report the complaint and its recommendations to the full House for a final decision.
• Public record and transparency: The existence and substance of the complaint, all proceedings, and related records are public (unless waived by the officer).

Final disposition and removal

• After receiving the committee’s findings and recommendations, each chamber (Senate and House) may vote on removal.
• If a majority of members elected to both chambers vote in favor, the inferior officer is discharged by the governor or the governor’s designee, effective the day after both chambers notify the governor of the vote.
• Two important notes:
  • The complaints and recommendations sent to each chamber do not need to be identical, but each must allege malfeasance or nonfeasance against the same officer.
  • The process provides a structured path from complaint to final removal decision.

How this changes existing law

• Creates a formal, legislative pathway to remove inferior executive branch officers for malfeasance or nonfeasance.
• Establishes public, due-process-style proceedings with a clear evidentiary standard (clear and convincing) and explicit timelines.
• States that the legislature may act notwithstanding existing laws or management/budget plans, enabling potentially swift removal in cases of misconduct or neglect.

Potential impacts and considerations

• Increases legislative oversight and accountability for executive branch officials at lower levels.
• Enhances transparency through public proceedings and records.
• Could affect the balance of power between the legislative and executive branches, especially in matters of removal authority.
• Requires careful adherence to due process and fair handling of complaints to avoid partisan or frivolous actions.

Relevant Terms malfeasance nonfeasance inferior officer agency department governor governor’s designee senate majority leader speaker of the house public proceedings clear and convincing evidence complaint removal discharge legislative committee amendment due process transparency officer compliance trash terms: none