It's important to note that these processes ensure due process and significant public or board support before removing an elected official, maintaining the integrity of the democratic system while allowing for accountability.
In light of the recent turmoil in Memphis-Shelby County Schools, it's worth examining Tennessee's laws regarding the removal of school board members. The process is detailed and requires significant public support.
Voter-Initiated Removal
Tennessee law allows for the removal of elected or appointed local board of education members by registered voters. Here's how it works:
A petition must be filed with the county election commission by a resident of the board member's district.
The petition needs signatures from at least 66% of the total votes cast for that member in the last regular election.
A general statement of grounds for removal must be included in the petition.
If deemed sufficient, the election commission must publish notice of the petition in a local newspaper.
A recall election is then held, where voters choose "for recall" or "against recall."
If 66% or more vote "for recall," the board member is removed, and the position is declared vacant.
Restrictions and Exceptions
Recall elections cannot be held within 90 days before or after a regular election.
This process only applies to counties with a population between 98,200 and 98,300, based on the 2010 federal census.
It does not apply to innovative school districts.
Board-Initiated Removal
While the law doesn't specifically address school board self-removal, it does provide guidelines for nonprofit corporations, which may be applicable:
A director elected by the board can be removed without cause by a two-thirds vote of the directors then in office.
If bylaws allow, a director can be removed for missing a specified number of board meetings by a majority vote of the directors.
It's important to note that these processes ensure due process and significant public or board support before removing an elected official, maintaining the integrity of the democratic system while allowing for accountability.