Certain state officials may remove board members they appointed, and removed members must be replaced under existing law. Some officials also cannot use this section to remove a person they appointed to fill a vacancy in an elected office.
(a) As used in this section, “board” means any board, authority, or commission comprised of individual members, of which some or all members are appointed, as established under state law. (b) Any individual appointed to a board by the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Minority Leader of the House of Representatives, or the Minority Leader of the Senate pursuant to a state law that authorizes the appointment shall serve at the pleasure of the Governor, the Lieutenant Governor, the Speaker of the House, the President Pro Tempore of the Senate, the House Minority Leader, or the Senate Minority Leader, as the case may be. (c)(1) Notwithstanding any law to the contrary, including any law providing a specific removal process, the Governor, the Lieutenant Governor, the Speaker of the House of Representatives, the President Pro Tempore of the Senate, the Minority Leader of the House of Representatives, and the Minority Leader of the Senate, at any time, may remove any board member over which he or she has appointing authority. (2) Any board member removed pursuant to subdivision (1) shall be replaced in accordance with existing law by the respective appointing authority, provided the new member meets the applicable qualifications to serve on the board, as set forth in the relevant state law. (d) This section does not authorize the Governor to remove any individual whom the Governor previously appointed to fill a vacancy of an elected office. (e) This section does not apply to the Alabama State Port Authority, the State Ethics Commission, or to the governing board of any two-year or four-year public institution of higher education.