Mass. Gen. Laws ch. 21, sec. 2B — MA Code / Part I / Title II / Chapter 21 / Section 2B
Removal of members of stewardship council; absence from meetings; appointment of successor; certificates of absence
Status: in_force

Section 2B. Members of the stewardship council may be removed for cause by the governor, with the advice and consent of the council, after due notice and a hearing before the governor, for inefficiency, neglect of duty, misconduct in office, or other cause. A copy of the charge or charges against a board member shall be delivered to him not less than twenty-one days prior to the hearing, and he shall have the right to a public hearing and to appear in person and be represented by counsel at the hearing. Upon removal of any board member, the governor shall thereupon cause to be filed in the office of the state secretary a complete statement of all charges made against such board member, the findings thereon and a complete record of the proceedings thereunder. The absence of a board member from three consecutive meetings, except for sickness supported by the certificate of a physician, shall be deemed neglect of duty, and shall be a cause for removal as provided herein. In case of the resignation, removal or death of a board member, his successor shall be appointed to fill the remainder of the unexpired term in the same manner and subject to the same qualifications as his predecessor. Prior to such removal, however, the chairperson of the stewardship council shall certify the unexcused absence of said board member from three consecutive meetings by filing a certificate to that effect with the commissioner of the department of conservation and recreation and the secretary of the commonwealth. Upon the filing of such certificates, such a member's position shall be deemed vacant and the governor shall appoint a successor thereto. In case of the resignation, removal or death of a board member, said member's successor shall be appointed to fill the remainder of the unexpired term subject to the same terms and conditions as said member, so-called.

Section 2B. Members of the stewardship council may be removed for cause by the governor, with the advice and consent of the council, after due notice and a hearing before the governor, for inefficiency, neglect of duty, misconduct in office, or other cause. A copy of the charge or charges against a board member shall be delivered to him not less than twenty-one days prior to the hearing, and he shall have the right to a public hearing and to appear in person and be represented by counsel at the hearing. Upon removal of any board member, the governor shall thereupon cause to be filed in the office of the state secretary a complete statement of all charges made against such board member, the findings thereon and a complete record of the proceedings thereunder.

The absence of a board member from three consecutive meetings, except for sickness supported by the certificate of a physician, shall be deemed neglect of duty, and shall be a cause for removal as provided herein.

In case of the resignation, removal or death of a board member, his successor shall be appointed to fill the remainder of the unexpired term in the same manner and subject to the same qualifications as his predecessor.

Prior to such removal, however, the chairperson of the stewardship council shall certify the unexcused absence of said board member from three consecutive meetings by filing a certificate to that effect with the commissioner of the department of conservation and recreation and the secretary of the commonwealth. Upon the filing of such certificates, such a member's position shall be deemed vacant and the governor shall appoint a successor thereto. In case of the resignation, removal or death of a board member, said member's successor shall be appointed to fill the remainder of the unexpired term subject to the same terms and conditions as said member, so-called.