ND HB1193

Governor may remove county commissioners, sheriffs, coroners, auditors, treasurers, superintendents of schools, mayors, police officers, school board members, and other public officials for misconduct, malfeasance, crime in office, neglect of duty, substance abuse, or gross incompetency based on preponderance of evidence.

Petitions for removal must be filed with the attorney general and signed by fifty qualified electors of the county, ten percent of those who voted in the preceding gubernatorial election (whichever is less), or by the state's attorney; school board member removals require twenty percent of school census signatures (or fifteen percent if census exceeds 4,000).

Attorney general must conduct investigation within thirty days and recommend to governor whether removal proceeding should proceed; governor appoints a special commissioner (retired/former judge or competent person) to preside over the hearing within thirty days.

Special commissioner conducts hearing in open court with full recording, takes testimony, and submits report within ten days with findings on whether allegations were proven by preponderance of evidence and recommendation on removal.

Governor determines final removal decision based on commissioner's report; special commissioner fees set at two hundred dollars per day plus mileage; sections 44-11-05, 44-11-13, and 44-11-14 are repealed.