La. R. Sup. Ct. 34

As amended through May 31, 2024
Section 34 - Removal of Members of the Commission
A. A member may be removed from the Commission before the end of his or her term only if an event occurs that would have made him or her ineligible for the appointment or upon good cause found by the respective appointing authority.
B. If a member fails to discharge his or her duties, fails to comply with the rules governing the Commission, or otherwise engages in conduct that brings the Commission into disrepute (including, but not limited to, excessive absences from Commission meetings or violating the confidentiality rule), the Chair or the Chief Executive Officer will consult the member regarding such offending conduct within ten days of receiving notice of the issue and, if the issue is resolved, may, as they may deem appropriate under the circumstances, report thereon to the other members. If the issue is not resolved satisfactorily with the consultation or within twenty days of the consultation (as determined by the Chair in his or her discretion), the Chair will refer the matter to the Commission as a whole for consideration at the next regularly scheduled or at a specially called in-person, video, or telephone meeting. If the nature or severity of the member's conduct prevents the matter from being corrected by consultation (as determined by the Chair in his or her discretion), the Chair or Chief Executive Officer shall immediately refer the matter to the entire Commission without first attempting a consultation. The Commission's meeting regarding the member's offending conduct must occur within thirty days of the consultation regarding the conduct or within thirty days of the date the Chair or Chief Executive Officer referred the matter to the Commission, if the conduct was determined by the Chair to be uncorrectable by consultation. The Commission may, by at least six votes, recommend appropriate further corrective action, which may include a recommendation to that member's appointing authority that such member be removed from the Commission. The member shall have the right to attend the meeting during which his or her offending conduct is discussed and to speak prior to the Commission's vote, but shall not be present during the Commission's deliberation or vote regarding the member's conduct.
C. Any recommendation made to an appointing authority to remove a member from the Commission shall state the basis for the recommendation, list the rules allegedly violated, and describe the conduct in question. Before the Commission forwards such recommendation to the member's appointing authority, the Commission shall notify the member of such recommendation and shall give that member ten calendar days to submit to the Commission a written statement agreeing or disagreeing with the Commission recommendation, which statement shall then be submitted by the Commission, along with its own recommendation, to the appointing authority.
D. The Commission may request that the appointing authority or its designated committee act on the Commission's request on an expedited basis.
E. Any and all information concerning the recommendation is confidential pursuant to Section 23, and the recommendation shall remind the appointing authority that any appointing authority members who receive any information concerning the recommendation (including any documents from underlying Commission proceedings that are necessary to support the recommendation) must maintain this confidentiality. Once the appointing authority completes its evaluation of the recommendation, the members of the appointing authority who received information concerning the recommendation shall deliver all files and documents concerning the recommendation in his or her possession to Commission staff or shall destroy same.
F. Unless and until the appointing authority removes a member or that member resigns his or her membership in the Commission, that member shall retain all powers and shall be obligated to perform all duties of regular membership.

La. R. Sup. Ct. 34

Adopted effective 9/4/2019.