ARTICLE IX – REMOVAL, RECALL AND VACANCY

Section 1. Removal.

(a) The Tribal Council shall remove a Council Member for:
     
(1) Final conviction of a felony by any tribal, federal or state court while serving on the Tribal Council.

(A) The Tribal Council may suspend a Council Member charged with a felony pending the outcome of the trial and any appeals.

(b) The Tribal Council may discipline or remove a Council Member, by a vote of at least five (5) members of the Tribal Council, for:

(1) Converting tribal property or monies for personal use;

(2) Failing to attend four (4) regular or special meetings consecutively without good cause;

(3) Final conviction of three misdemeanors by any tribal, federal or state court while serving on the Tribal Council; or

(4) Violation of the Code of Ethics.

(c) In all proceedings under Section 1(a) or 1(b) above, the Tribal Council Member in question shall be afforded full due process rights including a written statement of the charges, the right to respond to those charges and the right to present witnesses and other evidence in his or her defense.  The decision of the Tribal Council shall be final and shall be appealable to the Tribal Court only if a claim is made that the tribal constitution has been violated or due process rights not afforded.  A Council Member removed from office must wait at least five (5) years from the official date of removal to run for office again.

Section 2. Recall.

(a) Any adult tribal member may initiate recall proceedings against any Tribal Council Member by filing a written request with the Election Board, Provided, That a recall proceeding may not be initiated against any Tribal Council Member whose term expires within six (6) months.

(b) After receipt of the written request, the Election Board shall issue official petition forms to the tribal member who initiated the recall.  The tribal member shall have sixty (60) days to collect the signatures from thirty percent (30%) of the eligible voters of the Tribe.

(c) Individual petitions shall be circulated for each Tribal Council Member who is subject to recall.  A maximum of three (3) Tribal Council Members may be recalled at a time.

(d) The Election Board shall verify the signatures on a recall petition within ten (10) days of receipt of the petition.  If the tribal member seeking recall has collected the required number of signatures in the allotted time then the Election Board shall hold a recall meeting within sixty (60) days of the receipt of the petition.  Notice of the recall meeting shall be mailed to eligible tribal voters at least thirty (30) days prior to the recall meeting.  The person initiating the recall and the person subject to recall shall be given a reasonable opportunity to speak and present evidence at the recall meeting.

(e) A majority vote by secret written ballot of the eligible voters attending the recall meeting shall determine the success or failure of the recall petition(s), Provided, That at least thirty (30%) of the eligible voters actually vote at the recall meeting.

(f) The recall meeting shall be held in accordance with the provisions of an election ordinance which shall include a section on recall procedures.

Section 3. Vacancies.

(a) If a Tribal Council Member should die, resign, or be removed or recalled from office, the Tribal Council shall declare the position vacant.  The Tribal Council shall fill a vacancy by special election unless less than six (6) months remain in the term, in which case the Tribal Council shall leave the position vacant.  The person who fills a vacant position shall only serve out the term of the person whom he or she is replacing.

(b) All resignations from the Tribal Council shall be done in writing.

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