Mass. Gen. Laws ch. 131, sec. 1B — MA Code / Part I / Title XIX / Chapter 131 / Section 1B
Removal of board members
Status: in_force

Section 1B. Board members may be removed 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 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 termed neglect of duty, and shall be a cause for removal as provided herein. In case of 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 removal for absences, however, the chairperson of the board shall certify the unexcused absence of the board member from 3 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.

Section 1B. Board members may be removed 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 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 termed neglect of duty, and shall be a cause for removal as provided herein. In case of 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 removal for absences, however, the chairperson of the board shall certify the unexcused absence of the board member from 3 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.