Louisiana § RS 33:4313 - Removal from commission; reasons; procedures; hearing; appeal

§ RS 33:4313. Removal from commission; reasons; procedures; hearing; appeal

A.  Any member of the commission may be removed by the respective mayor and board of aldermen for inefficiency, incompetency, dishonesty, fraud, political activities, or for any other reasonable or just cause, or being interested, directly or indirectly, in the sale to the respective municipalities for the use and benefit of the combined systems, or being interested in any way or manner in any contract, whether for services or materials, or otherwise, which affects or applies to, or is any way connected with, the operations and management of the combined system.  Any violation of these provisions shall subject such member to the penalties provided by the criminal laws of the State of Louisiana.

The mayor and board of aldermen shall be without authority to remove any member of the commission herein created for purely political purposes.

B.  Before a member of the commission can be removed for any reason, the commission must inform him of the particular charge against him and such member shall have, and is hereby given, the absolute right to demand an open hearing.  He shall have the right to appear with counsel and to offer any competent and relevant testimony to refute said charges.  A vote of two-thirds of the board of aldermen shall be required to remove a member of the commission.

C.  The commission itself, by a majority vote, may remove any member of the commission where it finds, after investigation, that the member is inefficient, incompetent, or when he attempts to use political influence or pressure in any way or manner upon any employee, member of the commission, or other person connected with the system, or upon any person or firm who or which sells to the commission any material, or any contractor who desires to deal with or who is dealing with the commission or the city government in any way purely for political reasons or purposes, or if such member is interested in the sale of any materials to said systems, or interested in any way directly or indirectly, in any contract let by the commission with reference to the said systems, or for any other just or reasonable causes or for any cause which under the law is sufficient to impeach and remove from office any person.

D.  Any ten qualified electors and property taxpayers in the municipality may file charges against any member of the commission with the commission or with the mayor and board of aldermen of the municipality.  These charges shall be specific and the persons filing charges shall have the right to offer proof and support thereof.  The taxpayers may also file a petition in any court of competent jurisdiction to remove any member of the commission for any of the causes set forth herein, or for any other cause which under the general law of Louisiana would justify impeachment or removal from office.  Such cases shall be tried in the manner now or hereafter provided by law, and appeals from any decisions shall be to the court now provided with jurisdiction of appeals from the district courts.

E.  Any member removed may appeal to the courts for protection of his rights and interest.

Acts 1972, No. 598, §2.