ATTORNEY General Robert T. Torres ordered on Friday Governor’s Council on Developmental Disabilities Council Executive Director Tom Camacho to stay on his post despite the board chairman’s notice that he should vacate his office by June 29.
Torres also instructed Board Chairman Daniel Camacho to rescind the May 9 termination letter he issued to Tom Camacho, saying, the majority vote is not enough legal ground to terminate the latter based on the law.
Torres said Chairman Camacho’s letter was issued without proper authority nor does it enjoin the support of AGO.
“You are advised to immediately rescind your May 9th letter to the executive director immediately. Such a letter was issued without proper authority…. Your letter was issued against the advice of the Office of the Attorney General,” Torres said.
He said it is AGO’s legal opinion that a two-thirds vote is needed to terminate the executive director. Accordingly, he said the specific provision of the Policies and Procedures Handbook still controls the Council’s authority to “recruit, regulate the activities of an evaluate the performance of, supervise, promote and terminate the council director.”
“The Council does have authority to hire, evaluate and terminate the executive director. However, the Policies and Procedures Handbook, adopted on Sept. 24, 1999, requires that two-thirds of the members present and voting vote affirmatively to terminate…. As you had stated, the motion as to Mr. (Tom) Camacho’s termination failed,” Torres said.
On May 9, Chairman Camacho notified Tom Camacho to leave the Council by June 29, saying the by-laws give the majority of the board members the authority to terminate him.
