§ 36-14-14 Removal powers of thecommission. – (a) The commission is hereby empowered to remove from office any state ormunicipal elected official or any state or municipal appointed official notsubject to impeachment in accordance with the provisions of subsections (b)through (d) of this section.
(b) Any state or municipal elected official and any state ormunicipal appointed official not subject to impeachment may be removed fromoffice if:
(1) The commission has found, after an adjudicative hearingconducted in accordance with § 36-14-13, that the official has been guiltyof a serious, knowing, and willful violation of § 36-14-5(c), 36-14-5(d),or 36-14-5(g); and
(2) The commission determines that the violation wascommitted by the violator either with (i) fraudulent intent to secure theunjust enrichment of him or herself or another person or (ii) malicious intentto inflict pecuniary or other substantial injury upon another person.
(c) If it determines that such a violation has beencommitted, it shall conduct a hearing at which the executive director of thecommission or his or her designee and the respondent or his or her counselshall be permitted to pursue additional evidence and arguments relevant to (i)the presence or absence of the specific intent required by subsection (b)(2) ofthis section as a prerequisite to removal of an official from office, and (ii)the presence or absence of aggravating or mitigating circumstances of which thecommission should be aware in rendering its final decision.
(d) The removal power conferred by this section may beexercised only by the affirmative vote of two-thirds (2/3) of the membership ofthe commission eligible to participate, but in no case fewer than five (5)affirmative votes.
§ 36-14-14 Removal powers of thecommission. – (a) The commission is hereby empowered to remove from office any state ormunicipal elected official or any state or municipal appointed official notsubject to impeachment in accordance with the provisions of subsections (b)through (d) of this section.
(b) Any state or municipal elected official and any state ormunicipal appointed official not subject to impeachment may be removed fromoffice if:
(1) The commission has found, after an adjudicative hearingconducted in accordance with § 36-14-13, that the official has been guiltyof a serious, knowing, and willful violation of § 36-14-5(c), 36-14-5(d),or 36-14-5(g); and
(2) The commission determines that the violation wascommitted by the violator either with (i) fraudulent intent to secure theunjust enrichment of him or herself or another person or (ii) malicious intentto inflict pecuniary or other substantial injury upon another person.
(c) If it determines that such a violation has beencommitted, it shall conduct a hearing at which the executive director of thecommission or his or her designee and the respondent or his or her counselshall be permitted to pursue additional evidence and arguments relevant to (i)the presence or absence of the specific intent required by subsection (b)(2) ofthis section as a prerequisite to removal of an official from office, and (ii)the presence or absence of aggravating or mitigating circumstances of which thecommission should be aware in rendering its final decision.
(d) The removal power conferred by this section may beexercised only by the affirmative vote of two-thirds (2/3) of the membership ofthe commission eligible to participate, but in no case fewer than five (5)affirmative votes.
§ 36-14-14 Removal powers of thecommission. – (a) The commission is hereby empowered to remove from office any state ormunicipal elected official or any state or municipal appointed official notsubject to impeachment in accordance with the provisions of subsections (b)through (d) of this section.
(b) Any state or municipal elected official and any state ormunicipal appointed official not subject to impeachment may be removed fromoffice if:
(1) The commission has found, after an adjudicative hearingconducted in accordance with § 36-14-13, that the official has been guiltyof a serious, knowing, and willful violation of § 36-14-5(c), 36-14-5(d),or 36-14-5(g); and
(2) The commission determines that the violation wascommitted by the violator either with (i) fraudulent intent to secure theunjust enrichment of him or herself or another person or (ii) malicious intentto inflict pecuniary or other substantial injury upon another person.
(c) If it determines that such a violation has beencommitted, it shall conduct a hearing at which the executive director of thecommission or his or her designee and the respondent or his or her counselshall be permitted to pursue additional evidence and arguments relevant to (i)the presence or absence of the specific intent required by subsection (b)(2) ofthis section as a prerequisite to removal of an official from office, and (ii)the presence or absence of aggravating or mitigating circumstances of which thecommission should be aware in rendering its final decision.
(d) The removal power conferred by this section may beexercised only by the affirmative vote of two-thirds (2/3) of the membership ofthe commission eligible to participate, but in no case fewer than five (5)affirmative votes.
