The Hillsborough Community College District Board of Trustees has recently adopted a policy regarding the dismissal of a Trustee for cause and by due process. This policy (HCC Administrative Rule 6HX-10-1.00) states that, under certain conditions and upon majority vote, the Board may make a recommendation to the Governor of the State of Florida for the removal or suspension of a Trustee. The policy provides for procedural and substantive due process for the affected Trustee. If, after substantive and impartial review, the Trustee is found guilty of dereliction of duty, the Board Chair will notify the Governor of the Board’s actions, including dismissal of the Trustee, etc.
Additional safeguards exist in the Constitution of the State of Florida and under State statutes, as HCC Trustees are considered public officers, and thus are governed under the Code of Ethics for Public Officers and Employees ( Florida Statutes, Chapter 112 Part III). Under Florida law, the Board Chair is required to notify the Governor in writing when a Trustee fails to perform his or her official duties. The Board Chair is also required to notify the Governor if a Trustee fails to attend three consecutive Board meetings in a fiscal year, unless excused by the Board (Florida Statutes, Section 1001.61(4)).
Conditions for removal by the Governor include, but are not limited to, the following: malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony. Additionally, the Florida Senate may act to remove or reinstate a suspended Trustee (Florida Constitution, Article IV, Section 7). .
Under the Florida Constitution, no one can be deprived of life, liberty, or property without due process. Each HCC Trustee has a property interest in the College; therefore, the Constitution also specifically provides for conditions under which a Trustee can be removed or suspended from service (Florida Constitution, Article IV, Section 7).
During the last seven years, no HCC Trustee has missed more than two consecutive meetings, nor has any member of the Board been removed from service in the College’s history.
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