Hello everyone, A colleague has a Board member that seems to be in a mental health crisis. Their charter says a board member can be removed for cause. Board members are not city employees. They do not believe they can compel a fitness for duty for a non-city employee. This member would like to know how other attorneys would handle a similar situation in their local government. If you have any information on this, please pass it along to me, rarneja@imla.org, and I will pass it along. Thank you, [logo]<https://imla.org/> [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> Ravinder Arneja (he/him) Associate Counsel International Municipal Lawyers Association P: (202) 466-5424 x7114 D: (202) 742-1914 51 Monroe St. Suite 404 Rockville, MD, 20850 Plan Ahead! See IMLA’s upcoming events<https://imla.org/events/>, calls and programming.

Members of a board that is part of a government are public officials even if they are not public employees. How are the board members chosen? In Pennsylvania<https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=00&div=0&chpt=6&sctn=7&subsctn=0> and in Philadelphia<https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-265995>, if they are appointed, then generally the appointing power can remove them with or without cause. Dan Daniel W. Cantú-Hertzler (he/him) Senior Attorney Commercial Law Unit City of Philadelphia Law Department 1515 Arch Street, 17th floor Philadelphia PA 19102 O: 215-683-5061 daniel.cantu-hertzler@phila.gov<mailto:daniel.cantu-hertzler@phila.gov> www.phila.gov/law<http://www.phila.gov/law> [cid:image001.png@01DB3B41.8C0A4D40] From: Ravinder Arneja via Ethics <ethics@lists.imla.org> Sent: Wednesday, November 20, 2024 11:27 AM To: cityattorneys@lists.imla.org; counties@lists.imla.org; ethics@lists.imla.org Subject: [Ethics] Removing a Board Member External Email Notice. This email comes from outside of City government. Do not click on links or open attachments unless you recognize the sender. ________________________________ Hello everyone, A colleague has a Board member that seems to be in a mental health crisis. Their charter says a board member can be removed for cause. Board members are not city employees. They do not believe they can compel a fitness for duty for a non-city employee. This member would like to know how other attorneys would handle a similar situation in their local government. If you have any information on this, please pass it along to me, rarneja@imla.org<mailto:rarneja@imla.org>, and I will pass it along. Thank you, [logo]<https://imla.org/> [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> Ravinder Arneja (he/him) Associate Counsel International Municipal Lawyers Association P: (202) 466-5424 x7114 D: (202) 742-1914 51 Monroe St. Suite 404 Rockville, MD, 20850 Plan Ahead! See IMLA's upcoming events<https://imla.org/events/>, calls and programming.

If the Charter is silent as to what is cause for removal, I would focus on whether the duties of the board member are being performed, and if not, then that’s the cause. It’s not about why the duties aren’t being performed, it’s just whether they are or are not. That takes the focus off of the mental health issue. This performance test should be consistently applied to all board members, though, so if others also aren’t performing to whatever standard is being used as cause, and no one wants them off the board, then you may need to rethink this approach. Leann D. Guzman City Attorney City of Fort Worth 100 Fort Worth Trail, Fort Worth, Texas 76102 817-392-8973 Leann.Guzman@fortworthtexas.gov<mailto:Leann.Guzman@fortworthtexas.gov> [Image]<https://www.fortworthtexas.gov/Home> Working together to build a strong community. [Image]<https://www.fortworthtexas.gov/departments/communications/social> • Please note: Our department has moved to New City Hall. As of June 3, 2024, our new address is 100 Fort Worth Trail, Fort Worth, Texas 76102. RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS ATTORNEY-CLIENT COMMUNICATIONS. This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to which they are addressed. This communication may contain material protected by the attorney-client privilege. If you are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is strictly prohibited. If you have received this e-mail in error, please immediately notify Leann Guzman at the City of Fort Worth City Attorney's Office at (817) 392-7600. ________________________________ From: Daniel Cantu-Hertzler via Ethics <ethics@lists.imla.org> Sent: Wednesday, November 20, 2024 10:45 AM To: Ravinder Arneja <rarneja@imla.org>; cityattorneys@lists.imla.org <cityattorneys@lists.imla.org>; counties@lists.imla.org <counties@lists.imla.org>; ethics@lists.imla.org <ethics@lists.imla.org> Subject: [Ethics] Re: Removing a Board Member CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Members of a board that is part of a government are public officials even if they are not public employees. How are the board members chosen? In Pennsylvania<https://urldefense.com/v3/__https://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=00&div=0&chpt=6&sctn=7&subsctn=0__;!!FBD41DuKpIh0IME!Ls8YntkUJQxWJEh1sM6WkdtcFJUQU5wWLJUr9nHbD_g4jrmSY0_z7pGnvkN0wKKyksE29ULQ_VzGsp8YS468PpfrVEIu-tQ$> and in Philadelphia<https://urldefense.com/v3/__https://codelibrary.amlegal.com/codes/philadelphia/latest/philadelphia_pa/0-0-0-265995__;!!FBD41DuKpIh0IME!Ls8YntkUJQxWJEh1sM6WkdtcFJUQU5wWLJUr9nHbD_g4jrmSY0_z7pGnvkN0wKKyksE29ULQ_VzGsp8YS468PpfrDEljVfk$>, if they are appointed, then generally the appointing power can remove them with or without cause. Dan Daniel W. Cantú-Hertzler (he/him) Senior Attorney Commercial Law Unit City of Philadelphia Law Department 1515 Arch Street, 17th floor Philadelphia PA 19102 O: 215-683-5061 daniel.cantu-hertzler@phila.gov<mailto:daniel.cantu-hertzler@phila.gov> www.phila.gov/law<https://urldefense.com/v3/__http://www.phila.gov/law__;!!FBD41DuKpIh0IME!Ls8YntkUJQxWJEh1sM6WkdtcFJUQU5wWLJUr9nHbD_g4jrmSY0_z7pGnvkN0wKKyksE29ULQ_VzGsp8YS468Ppfrz6chk20$> [cid:image001.png@01DB3B41.8C0A4D40] From: Ravinder Arneja via Ethics <ethics@lists.imla.org> Sent: Wednesday, November 20, 2024 11:27 AM To: cityattorneys@lists.imla.org; counties@lists.imla.org; ethics@lists.imla.org Subject: [Ethics] Removing a Board Member External Email Notice. This email comes from outside of City government. Do not click on links or open attachments unless you recognize the sender. ________________________________ Hello everyone, A colleague has a Board member that seems to be in a mental health crisis. Their charter says a board member can be removed for cause. Board members are not city employees. They do not believe they can compel a fitness for duty for a non-city employee. This member would like to know how other attorneys would handle a similar situation in their local government. If you have any information on this, please pass it along to me, rarneja@imla.org<mailto:rarneja@imla.org>, and I will pass it along. Thank you, [logo]<https://urldefense.com/v3/__https://imla.org/__;!!FBD41DuKpIh0IME!Ls8YntkUJQxWJEh1sM6WkdtcFJUQU5wWLJUr9nHbD_g4jrmSY0_z7pGnvkN0wKKyksE29ULQ_VzGsp8YS468PpfrsTJvRFw$> [facebook icon]<https://urldefense.com/v3/__https://www.facebook.com/InternationalMunicipalLawyersAssociation/__;!!FBD41DuKpIh0IME!Ls8YntkUJQxWJEh1sM6WkdtcFJUQU5wWLJUr9nHbD_g4jrmSY0_z7pGnvkN0wKKyksE29ULQ_VzGsp8YS468PpfrIXSCblM$>[twitter icon]<https://urldefense.com/v3/__https://twitter.com/imlalegal__;!!FBD41DuKpIh0IME!Ls8YntkUJQxWJEh1sM6WkdtcFJUQU5wWLJUr9nHbD_g4jrmSY0_z7pGnvkN0wKKyksE29ULQ_VzGsp8YS468PpfrsVE5us8$>[linkedin icon]<https://urldefense.com/v3/__https://www.linkedin.com/company/international-municipal-lawyers-association-inc./__;!!FBD41DuKpIh0IME!Ls8YntkUJQxWJEh1sM6WkdtcFJUQU5wWLJUr9nHbD_g4jrmSY0_z7pGnvkN0wKKyksE29ULQ_VzGsp8YS468PpfrA7rgWDM$> Ravinder Arneja (he/him) Associate Counsel International Municipal Lawyers Association P: (202) 466-5424 x7114 D: (202) 742-1914 51 Monroe St. Suite 404 Rockville, MD, 20850 Plan Ahead! See IMLA’s upcoming events<https://urldefense.com/v3/__https://imla.org/events/__;!!FBD41DuKpIh0IME!Ls8YntkUJQxWJEh1sM6WkdtcFJUQU5wWLJUr9nHbD_g4jrmSY0_z7pGnvkN0wKKyksE29ULQ_VzGsp8YS468PpfroNAJNlM$>, calls and programming.