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Section 1. Tribal Council Membership.

(a) The tribal council shall consist of six (6) members, one (1) elected from and by each constituent band at a band election, and the sixth elected as chairperson as set forth below.

(b) The council member from each constituent band shall be elected from among and by the membership of the band eligible to vote and casting ballots in an election called for that purpose. The

candidate who receives the highest number of votes in said election shall be a council member and also serve as the chairperson of the band council. The candidate who receives the second highest number of votes in the band election shall serve as band vice-chairperson.

(c) A subsequent election for tribal chairperson shall be held from among those elected to the tribal council. The tribal chairperson shall be elected by the membership of the tribe eligible to vote and casting ballots in a tribal election. The chairperson shall be the representative who receives the highest number of votes in the tribal election for chairperson. The representative receiving the next highest number of votes in a tribal election for chairperson shall be the vice-chairperson. The council member elected as tribal chairperson shall vacate his or her position as chairperson of the band and serve only as tribal chairperson. The vice-chairman of the affected band shall then serve as band chairperson and shall become the band’s representative to the council and exercise all powers attendant thereto. In order to assume the office of band chairperson, the vice-chairperson must meet the qualifications for office set forth in Article XIV, Section 6, of this constitution.

(d) The tribal council may select either from within its membership or outside of its membership a secretary and treasurer. In the event the secretary or treasurer are selected from outside the tribal council, the officers selected from the outside shall have no power to vote in council proceedings.

(e) The term of office for tribal council members shall be four (4) years. The chairperson shall serve four (4) years. The vice­ chairperson for the affected band shall serve the same term as a council member elected as tribal chairperson. The tribal chairperson shall vote only in the event of a tie.

(f) In the event a council member is unable to attend a council meeting, the vice-chairperson of the affected band may attend, be counted for purposes of forming a quorum and voting, Provided, That the band chairperson has designated in advance in writing that the vice­ chairperson is acting as his or her representative at said meeting. This resolution shall not constitute an exception to Article XII – Recall, Removal and Forfeiture as found in this constitution.