Attorney: removing an elected board member would require a formal due-process hearing
Board counsel reminded members that removal of an elected director requires a separate, noticed hearing under Minnesota statute 123B.09 subdivision 9 and that the board must prepare evidence and afford the member an opportunity to respond.
The full story
When discussion turned to the most severe remedy, removal of an elected director, board counsel Jim Martin cited Minnesota statute 123B.09 (subdivision 9), explaining that removal is a rare and legally exacting process that requires: specific notice of reasons, a separate hearing with an opportunity to be heard, evidence presented into the record, and a concurrent 4-member vote in favor of removal at a properly noticed meeting.
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