71-15,105. Commissioner; removal; procedure.

(1) A commissioner of a local housing agency may be removed for neglect of duty, misconduct in office, or conviction of any felony by the chief elected official of the city or county appointing the commissioner, or if no chief elected official exists, then by the governing body. A commissioner of a regional housing agency may be removed for any of such grounds by the governing body of the city or county that originally appointed the commissioner.

(2) The chief elected official or the governing body, as the case may be, which seeks to remove a commissioner shall send a notice of removal to such commissioner, which notice shall set forth the charges against him or her. Unless within ten days from the receipt of such notice the commissioner files with the clerk or secretary of the city's or county's governing body a request for a hearing before the governing body, the commissioner shall be deemed removed from office. If a request for hearing is so filed, the governing body of the city or county, as the case may be, shall hold a hearing not sooner than ten days after the date a hearing is requested, at which hearing the commissioner shall have the right to appear in person or by counsel and the governing body shall determine whether the removal shall be upheld. If the removal is not upheld by the governing body, the commissioner shall continue to hold his or her office.

(3) All actions taken by a board of commissioners shall be presumed valid unless otherwise shown by clear and convincing evidence.

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