This measure lets Tulare County cemetery district boards and county supervisors remove trustees for specified misconduct after required notice or public-hearing procedures.
Tulare County cemetery district boards may remove trustees for serious neglect, misconduct, or disabling the board, but must first give notice and a chance to respond.
The Tulare County Board of Supervisors may remove a cemetery trustee after a public hearing, while voter protests can require a stronger vote and a public-safety finding.
A public cemetery district board in Tulare County may adopt a resolution removing a trustee. This applies to trustees of public cemetery districts located in Tulare County. The board must state the reason for removal. Removal may be based on substantial neglect of duty, gross misconduct in office, or causing the board to be unable to perform its duties. The trustee facing removal may not vote on their own removal. Before the vote, the trustee must receive written reasons, at least one week’s written notice of the meeting, and a chance to respond in writing and at the meeting. The notice and response rights apply before the board votes on removal. If removal is ordered, the Tulare County Board of Supervisors must promptly appoint someone to serve the rest of the term.
The Tulare County Board of Supervisors may adopt a resolution removing a trustee from a public cemetery district board. This applies to trustees of public cemetery districts in Tulare County. The stated reasons may include substantial neglect of duty, gross misconduct, or causing the board to be unable to perform its duties. The supervisors may not use how the trustee voted on a specific matter as a removal reason, unless that vote shows a conflict of interest or another legal violation. The supervisors must hold a public hearing within 60 days and give the required public notices at least 10 days beforehand. For a district whose trustees are appointed by the supervisors, fewer than 10 percent of registered voters' written protests allow removal by majority vote. Ten percent or more requires a finding that removal is needed to protect public health, safety, and welfare, followed by a four-fifths vote to override the protests. Without that finding and vote, the proceedings must end. The public hearing must occur within 60 days after the proposed-removal resolution. If removal is ordered, the trustee’s term ends immediately and the supervisors must promptly appoint someone to serve the remaining term.
No hearings or votes scheduled.