Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
Latest Breaking News
In reply to the discussion: Lindsey Graham: Kentucky Clerk Must 'Comply With The Law Or Resign' [View all]jtuck004
(15,882 posts)15. Putting Amotion in Motion: Removal of an Elected Official by a Municipal Governing Body for Just Cau
This is from North Carolina...
Putting Amotion in Motion: Removal of an Elected Official by a Municipal Governing Body for Just Cause
CATHRYN M. LITTLE*
INTRODUCTION
When an elected official has been sworn into office, and subsequently
becomes unfit to hold office or engages in misconduct which
could rise to the level of just cause for removal from his elected position,
a legal question arises regarding the grounds and procedure
through which a municipal governing body may legally remove that
official from office under North Carolina law. Since North Carolina
has no statutory provision outlining the procedure for removal of an
elected municipal official for misconduct or lack of fitness to hold
office subsequent to election, the answer is found in the common law.
This Article will examine the development and application of North
Carolina common law addressing the removal of an elected municipal
official through the process of amotion. Amotion is recognized as an
inherent power of the governing body of a municipal corporation to
remove an elected official for reasonable and just cause due to misconduct
or unfitness to hold office.1
...
http://www.law.campbell.edu/lawreview/articles/32-1-75.pdf
You can't fire an elected official. But you can remove them. I don't know what the law is in Kentucky, but I suspect there are ways.
Edit history
Please sign in to view edit histories.
55 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
RecommendedHighlight replies with 5 or more recommendations
No GOP or Teaparty elected official can take a position in favor of the clerk unless they
randys1
Sep 2015
#26
"stand their ground" - reportedly, one of her supporters called that out to her,
closeupready
Sep 2015
#12
Lets charge this clerk, put her in Prison for LIFE. She is just a stupid conservative.
rladdi
Sep 2015
#5
Yup, there's options out there to make it painful for Davis for non-compliance
riderinthestorm
Sep 2015
#32
Putting Amotion in Motion: Removal of an Elected Official by a Municipal Governing Body for Just Cau
jtuck004
Sep 2015
#15
She has thousands of supporters who would pay her far more than she is getting on her job. n/t
jtuck004
Sep 2015
#33