2.2-108 - Removal of members of certain boards, commissions, etc.

§ 2.2-108. Removal of members of certain boards, commissions, etc.

A. Notwithstanding any provision of law to the contrary, the Governor mayremove from office for malfeasance, misfeasance, incompetence, or grossneglect of duty any member of the board of any public institution of highereducation or other educational institution in Virginia, and fill the vacancyresulting from the removal. Each appointment to fill a vacancy shall besubject to confirmation by the General Assembly.

B. Notwithstanding any provision of law to the contrary, the Governor mayremove from office for malfeasance, misfeasance, incompetence, misconduct,neglect of duty, absenteeism, conflict of interests, failure to carry out thepolicies of the Commonwealth as established in the Constitution or by theGeneral Assembly, or refusal to carry out a lawful directive of the Governorany member of any board, commission, council or other collegial bodyestablished by the General Assembly in the executive branch of stategovernment except those boards provided for in subsection A, and fill thevacancy resulting from the removal subject to confirmation by the GeneralAssembly.

C. The Governor shall set forth in a written public statement his reasons forremoving any member pursuant to this section at the time the removal occurs.The Governor shall be the sole judge of the sufficiency of the cause forremoval as set forth in this section.

(Code 1950, § 2-39; 1966, c. 677, § 2.1-43; 1977, c. 446; 1988, c. 765; 2001,c. 844.)