AN INITIATED ORDINANCE PROTECTING ELECTED TRUSTEES FROM POLITICAL REMOVAL
ORDINANCE NO. 2025-__
RECITALS
WHEREAS, elected officials represent the voters who elected them; and
WHEREAS, removal by simple majority silences minority voices; and
WHEREAS, political disagreement is not grounds for removal; and
WHEREAS, the current Board has discussed removing Trustee Dave Knutson for his positions; and
WHEREAS, democracy requires protecting dissenting voices;
NOW, THEREFORE, BE IT ORDAINED BY THE PEOPLE OF THE TOWN OF PAONIA:
SECTION 1. REMOVAL STANDARD
An elected trustee may only be removed by:
a) Unanimous vote of all other trustees, or
b) Recall election by the voters, or
c) Criminal conviction for felony or official misconduct
SECTION 2. PROTECTED ACTIVITIES
The following are NOT grounds for removal:
a) Voting record or political positions
b) Speaking at public comment
c) Disagreeing with majority
d) Communicating with constituents
e) Requesting public records
f) Filing complaints or lawsuits
g) Supporting or opposing initiatives
SECTION 3. DUE PROCESS REQUIRED
Before any removal vote:
a) Written charges specifying grounds
b) Minimum 30-day notice to trustee
c) Public hearing with right to respond
d) Right to legal counsel
e) Evidence presented publicly
f) Findings of fact required
SECTION 4. LIMITED GROUNDS
Removal only for:
a) Criminal conviction (felony)
b) Official misconduct (criminal statute)
c) Abandonment (missing 4 consecutive meetings without excuse)
d) No longer residing in Town
e) Conflict of interest (financial crimes)
SECTION 5. EMERGENCY SUSPENSION
Temporary suspension only if:
a) Criminal charges filed
b) Clear and present danger
c) Maximum 60 days
d) Full pay continues
e) Automatic reinstatement if not convicted
SECTION 6. LEGAL PROTECTION
The Town shall:
a) Provide legal counsel to trustees facing removal
b) Indemnify trustees for official actions
c) Pay costs if removal attempt fails
d) Not retaliate against family or business
SECTION 7. MINORITY REPRESENTATION
If removal would leave Board without minority viewpoint:
a) Removal requires voter approval
b) Special election within 60 days
c) Interim appointments prohibited
d) Removed trustee continues until replacement elected
SECTION 8. PENALTIES
Violation of this ordinance:
a) Voids the removal action
b) Personal liability for voting trustees
c) Attorney fees to wrongfully removed trustee
d) $10,000 statutory damages
SECTION 9. EFFECTIVE DATE
Immediately upon election certification and applies retroactively to prevent removal actions initiated before passage.