3.2.5

The governing board has a policy whereby members can be dismissed only for appropriate reasons and by a fair process. (Board dismissal)

Compliance Judgment

X      In compliance      Partially compliant      Non-compliant

Narrative

The selection and the dismissal of Board members are determined by various sections of the South Carolina Code of Laws. These laws preclude the opportunity for a Board member elected by the South Carolina General Assembly to be dismissed for arbitrary or capricious reasons. The laws require that adequate evidence is presented for dismissal; require that the charged member has the right to respond to the evidence for dismissal; and provide avenues of appeal to two South Carolina courts.

Selection of Board Members

The membership of the Francis Marion University Board of Trustees is determined as follows according to South Carolina Code of Laws, Section 59-133-10. Board of Trustees:

The Board of Trustees for Francis Marion University is composed of the Governor of the State or his designee, who is an ex officio member of the board, and sixteen members, with fifteen of these members to be elected by the General Assembly and one member to be appointed from the State at large by the Governor. The General Assembly shall elect and the Governor shall appoint these members based on merit regardless of race, color, creed, or gender and shall strive to assure that the membership of the board is representative of all citizens of this State [1].

Dismissal of Board Members

The dismissal of Board members is also prescribed by South Carolina statute and differs for elected and appointed members:

Members Appointed by the Governor

The Governor of South Carolina has a position on the Board by virtue of his position and may select a designee to serve in his place [2]. The Governor can be removed from the Board only if he is removed from the position of Governor.

Either the Governor’s designee on the Board or the member-at-large appointed by the Governor can be removed at the governor’s discretion with no right of appeal :

(B) A person appointed to a state office by the Governor, either with or without the advice and consent of the Senate, other than those officers enumerated in subsection (C), may be removed from office by the Governor at his discretion by an Executive Order removing the officer [3].

Members Elected by the General Assembly and Appointed by the Governor

Removal from the Board of a member elected by the General Assembly requires that:

• charges be made and evidence to support those charges be presented to the Governor
• the Governor determine if adequate cause exists to dismiss the Board member.

The Governor’s decision to remove may be appealed to the Circuit Court in which the Board member resides. The decision of the Circuit Court may be appealed to the South Carolina Court of Appeals.

Applicable SC Code of Law

Section 1-3-240. Removal of Officers by Governor

…an officer of the State appointed by the Governor, either with or without the advice and consent of the Senate; who is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity must be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. Before removing any such officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard [4].

Section 1-3-250. Appeal of Officer Removed by Governor

An officer, other than a state officer appointed by the Governor pursuant to subsection (B) of Section 1-3-240, shall have the right of appeal from any order of removal by the Governor under Section 1-3-240 to the resident or presiding judge of the circuit in which the officer resides. The judge shall hear and determine the appeal both as to law and fact upon the record as made before the Governor and upon additional evidence as he shall see fit to allow. The notice of appeal shall be served upon the Governor, or his secretary, within five days after the service upon the officer of the order of the Governor removing him and shall state the grounds for the appeal and name the circuit judge to whom the appeal is taken. The Governor shall transmit to the judge the record in the case, including a copy of the order of removal, grounds of removal, evidence in support of removal and return of service, and any other matter which in his judgment may be considered by the court. The circuit judge within twenty days after the taking of the appeal, or in such shorter time as may be practical, shall hear and determine the appeal, after giving to the parties reasonable notice of the time and place of hearing. The hearing may be had and judgment may be rendered in open court, or at chambers within or without the circuit. Any appeal from the order of the circuit court must be taken in the manner provided by the South Carolina Appellate Court Rules [5].

Section 1-3-245. Removal from office of member of state board for three consecutive unexcused absences; vacancy created; requirement of chairman to notify appointing authority; exclusion for ex officio member or designee

A member of a state board, council, commission, or committee who has three consecutive unexcused absences from regularly scheduled meetings held by the particular board, council, commission, or committee is considered removed from the board, council, commission, or committee and a vacancy is created. The chairman of the board, council, commission, or committee immediately shall notify the Governor or appropriate appointing authority of the member’s three consecutive unexcused absences and of the resulting vacancy. An unexcused absence must be defined by each respective board, council, commission, or committee in rules governing its operation [6].

The only cause for dismissal stated in the ByLaws of the Board of Trustees derives from Section 1-3-245. Specifically, the bylaws state:

Membership of the Board of Trustees

Members of the Board of Trustees are expected to attend all regularly scheduled and called meetings of the full Board and its committees. State statute requires that a member who has three consecutive unexcused absences of regularly scheduled meetings are considered removed from the Board and a vacancy is created. Excused absences are within the discretion of the chair [7].

The Governor, or his designee, is exempt from this attendance requirement [8].

A member of the Francis Marion University Board of Trustees has never been dismissed.

Documentation

1. SC Code of Laws, Section 59-133-10. Board of Trustees
2. SC Code of Laws, Section 59-133-10. Board of Trustees
3. SC Code of Laws, Section 1-3-240. Removal of Officers by Governor
4. SC Code of Laws, Section 1-3-240. Removal of Officers by Governor
5. SC Code of Laws, Section 1-3-250. Appeal of Officer Removed by Governor
6. SC Code of Laws, Section 1-3-245 Removal from Office of Member of State Board
7. FMU Website, ByLaws of the Board of Trustees
8. SC Code of Laws, Section 1-3-245. Removal from Office of Member of State Board