ARTICLE 13 OATH OF OFFICE

§ 1301 Oath of Office

A. The oath of office for each newly elected Tribal Council Member shall be administered by the Election Board within thirty (30) days after the Election Board declares the winner of a seat, unless a challenge is filed, and in that case, within thirty (30) days after a final unappealable decision by the Tribal Court or final decision of the Court of Appeals. The Oath of Office is attached as Form M in the Appendix to this Ordinance.

B. If a challenge is filed but it does not relate to all of the elected seats, the oath of office shall be administered to the newly elected Tribal Council Members whose seats have not been challenged within thirty (30) days after the Election Board declares the winners.

C. The Election Board shall not administer the oath of office for any newly elected Tribal Council Member except as provided in this Section 1301. Any administration of an oath of office by the Election Board that does not comply with this Section 1301 shall be void.

D. Each incumbent Tribal Council Member shall remain in office until the oath of office is administered to the newly elected Tribal Council Member for his or her seat.

E. Upon expiration of the incumbent’s term of office, he or she shall transfer all tribal records within his or her control to the newly elected Tribal Council Member and shall return all tribal property, along with keys and passwords to the tribal property, to the Tribal Administration Office. The Tribe may file a petition with the Tribal Court to obtain tribal records and property from any incumbent who has failed to transfer or return tribal property within seven (7) calendar days of the expiration of the incumbent’s term of office. In addition to any other civil or criminal remedy available at law, the Tribal Court shall have the authority to hold an incumbent in contempt of court and assess a monetary penalty, attorney’s fees and costs, to any incumbent who refuses to engage in the orderly transfer of tribal records and/or comply with the orders of the Tribal Court.

[Legislative History: Enacted by Resolution No. 97-12, 3/19/1997; Amendment and Restatement by Resolution No. 2019-162, 12/18/2019]

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