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Board Member Removal from Office

Section 2-20

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  1. Generally. This Rule sets forth the processes through which the Board can take action in the event that Board Member removal is deemed necessary.
  2. Purpose. The Board is one body composed of individual Board Members. In order for the Board to carry out its mission and responsibilities as a whole, it requires that all Board Members fulfill their individual duties. This Rule allows for the Board to take action in cases where individual Board Members have failed to do so either through acts or omissions. 
  3. The Board may adopt a formal resolution petitioning the Mayor for removal of an appointed Board Member, or petitioning the States’ Attorney for prosecution of any Board Member, when the Member, acting in an official capacity, or in a capacity as a special government agent, commits any of the following acts:
    1. Failure to Act. Intentionally or recklessly fails to perform any mandatory duty as required by law, including, but not necessarily limited to:
      1. Refusal to cooperate with an investigation conducted by the Office of Inspector General, pursuant to 105 ILCS 5/34-13.1(d);
      2. Failure to comply with the Abused and Neglected Child Reporting Act, 325 ILCS 5/1 et seq.;
      3. Failure to cooperate with the Board’s efforts to obtain criminal history records check and a Statewide Sex Offender Database, pursuant to 105 ILCS 5/34-18.5(d);
      4. Failure to file a Statement of Economic Interest, pursuant to Art. XIII, Sect. 2 of the Illinois Constitution and the Illinois Governmental Ethics Act, 5 ILCS 420/3A, et seq.;
        or,
    2. Forbidden Acts. Knowingly performs an act which they know is forbidden by law to perform, including but not necessarily limited to:
      1. Conviction for a felony, bribery, perjury of an infamous crime, as defined by 5 ILCS 280/1;
      2. Holding an interest in a contract with the Board that is inconsistent with the terms of 105 ILCS 5/10-9, et seq.;
      3. Disclose confidential information pertaining to a student in violation of the Illinois Student School Records Act, 105 ILCS 10/1, et seq., and/or the Federal Educational Rights Protection Act, 20 U.S.C. § 1232g;
      4. Violation of the Article 29 of the Election Code of the State of Illinois, 10 ILCS 5/29-1, et seq.;
      5. Willful violation of 105 ILCS 5/34-43 through 34-51, as prohibited by 105 ILCS 5/34-52;
        or,
    3. Self Dealing. With intent to obtain a personal advantage for themselves or another, they perform an act in excess of their lawful authority;
      or,
    4. Bribery. Solicits or knowingly accepts for the performance of any act a fee or reward which they know is not authorized by law. This provision is inclusive of, but not necessarily limited to, violations of the following provisions of the Illinois Criminal Code: 720 ILCS 5/33-1 through 33-7, 720 ILCS 5/29-1 and 720 ILCS 5/29A-1.
  4. In the event that the Board determines that a Board Member has violated this Rule, the Board shall adopt a resolution either (a) recommending that the Mayor remove the Board Member from the Board (for any Board Member that is serving by appointment of the Mayor), or (b) referring the matter to the Cook County State’s Attorney and Office of the Attorney General. To adopt such a resolution, two-thirds of the members of the Board must vote in favor of it.

Rule References

Cross References Board Rule 2-20 was adopted as a new Section at the April 26, 2023 Board Meeting [Board Report 23-0426-RU1].
Public Comment Pursuant to Board Rule 2-6 this Rule [2-20] was subject to Public Comment from 3/17/23-4/17/23 and adopted at the April 26, 2023 Board Meeting [Board Report 23-0426-RU1].

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