Charter and authorizer boards; suspension, removal, prosecution; conflicts of interest; employment and dual service

(A) A member of the governing board of an authorizer or a charter school who is indicted in any court for any crime, or has waived the indictment if permitted by law, may be suspended by the Governor, who shall appoint another in his stead until he is acquitted or the charges are dismissed. In case of conviction, the office must be declared vacant by the Governor and the vacancy filled in the same manner as provided for full-term appointments. (B) Notwithstanding another provision of law to the contrary, members of an authorizer or charter school governing board who wilfully commit or engage in an act of malfeasance, misfeasance, chronic unexcused absenteeism, conflicts of interest, misconduct, or persistent neglect of duty in office, or are deemed medically incompetent or medically incapacitated, must be subject to removal by the Governor upon any of the forgoing causes being made to appear to the satisfaction of the Governor. Before removing any such officer, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity on reasonable notice to be heard. Vacancies occurring in the membership of any governing board as a result of removal pursuant to this subsection must be filled in the manner provided in the same manner as provided for full-term appointments. (C) Whenever it appears to the satisfaction of the Governor that probable cause exists to charge a member of the governing board of an authorizer or a charter school who has the custody of public or trust funds with embezzlement or the appropriation of public or trust funds to private use, then the Governor shall direct his immediate prosecution by the proper officer. (D)(1) An individual is prohibited from serving as a member of the governing board or employee of either a charter school or charter school authorizer if the individual or an immediate family member is a full or part owner or principal with an entity with whom the charter school or authorizer contracts, directly or indirectly, for professional services, management organization services, goods, or facilities or is an employee of the charter school authorizer. (2) An individual is prohibited from serving as a member of the governing board of either a charter school or charter school authorizer if the individual or an immediate family member is a full or part owner, principal owner, or employee of a management organization. (3) An individual is prohibited from serving as a board member of a charter school or a charter school foundation if the individual or an immediate family member is a board member of the charter school's authorizer or the institution of higher learning. (4) Members of the General Assembly and immediate family members are prohibited from serving as a board member for either an authorizer or a charter school and may not have any ownership in an entity that is established to operate or lease property to a charter school. (E)(1) An individual is prohibited from employment by an authorizer of a charter school, if the individual or an immediate family member is employed in a position to exercise direct financial decision-making authority with a charter school authorized by the authorizer. (2) For the purpose of this section, immediate family member means a child, a spouse, or an individual claimed by the individual as a dependent for income tax purposes. (F) An individual may not serve simultaneously as a member of more than one governing board of either a charter school or a charter school authorizer after December 31, 2026.