California Elections Code 21586 – (a) The commission may only remove a commission member for …
(a) The commission may only remove a commission member for substantial neglect of duty, gross misconduct in office, causing the commission to be unable to discharge its duties with nine affirmative votes, or if it is later discovered that the commission member did not meet the required qualifications, as set forth in subdivision (d) of Section 21582, at the time of appointment or if the commission member no longer meets those required qualifications while serving on the commission. At least three affirmative votes to remove a member shall be from commission members of one political party, and at least three affirmative votes to remove a member shall be from commission members of one other political party.
(1) A commission member or alternate commission member who is subject to removal shall not vote on their own removal.
Terms Used In California Elections Code 21586
- Commission: means the Citizens Redistricting Commission in the County of Orange established pursuant to Section 21582. See California Elections Code 21580
- Party: means a political party or organization that has qualified for participation in any primary or presidential general election. See California Elections Code 338
(b) Prior to removal pursuant to subdivision (a), a commission member is entitled to receive all of the following from the commission:
(1) The reasons for their proposed removal, in writing.
(2) At least one week’s written notice of the public meeting where the commission will vote on their proposed removal.
(3) The opportunity to respond to or rebut the reasons for their removal in writing and at the public meeting described in paragraph (2).
(c) The commission may employ legal counsel in seeking removal of a commission member pursuant to this section.
(d) The decision of the commission to remove a member pursuant to this section is final, nonappealable, and is not subject to judicial review.
(Added by Stats. 2023, Ch. 315, Sec. 1.7. (AB 34) Effective January 1, 2024.)