Bill No.: SF0077                  Drafter:  LGC

LSO No.:  11LSO-0300              Effective Date:  7/1/2011

Enrolled Act No.:  SEA0027

Chapter No.:       41

Prime Sponsor:     Senator Geis

Catch Title:       County officers removal from office.

Subject:       Amending process for removal of county officers.

Summary/Major Elements:

· Under current law, a board of county commissioners may declare the office of a county officer vacant under certain circumstances.  This act repeals the statutes allowing county commissioners to make that declaration.

· Under current law qualified electors may file a complaint with the governor to remove a county officer for misconduct or malfeasance.  This act allows county commissioners to make that complaint to the governor as well.

· This act defines misconduct or malfeasance giving rise to removal of a county officer to include instances when:

· The officer is absent from his office for an aggregate of sixty days in any three month period unless the absence is due to illness or disability.

· The officer is absent from his office for more than ninety days due to an illness or disability that will probably not terminate during the unexpired portion of the officer's term of office.

· This act repeals provisions allowing county commissioners to remove county officers when the county commissioners believe the officer has been guilty of "any palpable omission of duty, willful or corrupt oppression or partiality in the discharge of his official duties, demanding or receiving any pay for the performance of the duties of his office to which he is not entitled or any other act which by statute is in violation of his official oath and bond".