Also known as: failures of good behavior · good behavior clause · misconduct
Written by attorneys · grounded in primary & secondary sources — see below
A ground for removal of a civil servant consisting of an act that violates the standards of conduct expected of public employees.
Nelson, an operations manager for a public transit agency, received multiple written complaints about driver Queen's aggressive maneuvers yet continued assigning her to unsupervised routes. Queen later caused passenger Billy's injuries through intentional braking. The agency removed Nelson for failure of good behavior after determining his decision to retain Queen despite known risks constituted misconduct sufficient to support termination.
State trooper Ramirez conducted a warrantless vehicle search that violated the Fourth Amendment and produced evidence later suppressed in a criminal trial. The department removed Ramirez for failure of good behavior, finding that the constitutional violation itself supplied the requisite misconduct warranting dismissal.
Member-managed LLC manager Patel approved a series of high-risk overseas transfers without review, resulting in substantial losses. The other members voted to remove Patel for failure of good behavior after concluding the conduct met the threshold of grossly negligent or reckless behavior under the operating agreement.
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Family court clerk Morales altered maintenance calculation worksheets to favor one party after receiving an undisclosed personal favor. The judicial conduct commission removed Morales for failure of good behavior, determining the deliberate alteration of official records constituted intentional misconduct independent of any marital fault findings.
Court clerk Thompson falsified docket entries to conceal a party's default. After the opposing party discovered the fraud, the court granted relief from judgment under Rule 60(b)(3) and simultaneously removed Thompson for failure of good behavior based on the same fraudulent acts.
General partner Rivera knowingly violated securities registration requirements while managing the partnership's public offerings. The limited partners removed Rivera for failure of good behavior after the knowing violation of law supplied the statutory basis for expulsion under the partnership agreement.
It is an act that violates the standards of conduct expected of public employees and supplies a ground for removal. The definition focuses on the employee's own misconduct rather than external events or third-party actions.
Failure of good behavior requires conduct that itself violates expected public-employee standards and justifies removal. Ordinary negligence may contribute to harm without rising to the level of removable misconduct unless it meets the higher threshold of gross negligence or intentional violation.
Yes. The definition centers on the act's violation of expected standards, not on whether the employee obtained a personal benefit. Deliberate or reckless disregard of duties is sufficient.
…advertisement upon the demand of Governor John Patterson of Alabama, who asserted that the publication charged him with "grave misconduct and . . . improper actions and omissions as Governor of Alabama and Ex-Officio Chairman of the State Board of Education of Alabama." When asked to explain why there had been a retraction…