ARTICLE IV - THE TRIBAL COUNCIL

Section 1. The Tribal Council.  

The governing body of the San Juan Southern Paiute Tribe shall be known as the San Juan Southern Paiute Tribal Council which shall consist of seven (7) members as listed in this Article.  All Tribal Council Members shall be enrolled members of the Tribe who are selected by the eligible voters of the Tribe in accordance with this constitution and the election ordinance.

Section 2. President and Vice President.  

The Tribal Council shall include the positions of President and Vice President who must reside within the territory of the Tribe or within one hundred fifty (150) miles of the territory of the Tribe, and who must be at least twenty-five (25) years of age.

Section 3. Area Council Members.  

The Tribal Council shall also include four (4) Area Council Members:  two (2) persons who reside in the northern area and two (2) persons who reside in the southern area.  Regardless of any other law, treaty or agreement which may define the Tribe’s territory, for the purpose of electing Area Council Members the Tribal Council shall, in its sole authority, define the northern and southern area boundaries by ordinance.  The Tribal Council may include in the defined areas any land that is within the territory of the Tribe or within one hundred fifty (150) miles of the territory of the Tribe.  Although the Area Council Members must reside in their respective areas as defined by the Tribal Council pursuant to this Section, the Area Council Members are to be elected by all eligible voters as defined by Article VIII, Section 7.  The Area Council Members must be at least twenty-one (21) years of age.

Section 4. At-large Council Member.  

The Tribal Council shall also include one (1) At-large Council Member who must reside within the territory of the Tribe or within one hundred fifty (150) miles of the territory of the Tribe, and who must be at least twenty-one (21) years of age.

Section 5. Terms of Office.  

The terms of office for all Tribal Council Members including the President and Vice President shall be four (4) years except as provided for in Article VIII, Section 3.  There shall be no limitations on serving consecutive terms on the Tribal Council.  All Tribal Council Members must continue to meet the residency requirements set forth above for their respective Tribal Council seats during their term of office.

Section 6. Duties of the Officers.  

The duties of the President and Vice President shall be established by ordinance enacted by the Tribal Council.

Section 7. Meetings of the Tribal Council.

(a) The Tribal Council shall hold a regular meeting once a month.

(b) The President or any three other members of the Tribal Council may call special meetings of the Tribal Council.  Adequate notice of all special meetings shall be given to all members of the Tribal Council.

(c) At each regular or special meeting of the Tribal Council a person shall be appointed to take minutes of the meeting, and a copy of the minutes shall be preserved by the Tribal Administration.

Section 8. Quorum.  

Four (4) or more members of the Tribal Council shall constitute a quorum for any regular or special Tribal Council meeting.  A quorum is required at all meetings in order to conduct official business of the Tribal Council.  Proxy voting shall be prohibited.  

Section 9. Voting.  

The Tribal Council shall make decisions by a majority vote of those present except as otherwise provided in this constitution or in an ordinance which requires more than a majority vote.  All Tribal Council Members, including the President and Vice President, shall have the power to vote.

Section 10. Code of Ethics.  

The Tribal Council shall have the power to adopt a Code of Ethics governing the conduct of tribal officials.  The Code of Ethics may include disciplinary procedures so long as the official in question is informed of the charges and given an opportunity to respond to those charges including the opportunity to present witnesses and other evidence in his or her defense.

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