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ARTICLE XII – RECALL, REMOVAL AND FORFEITURE
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Section 1. Recall from Office by Petition of Membership.

(a) At any time after an official election and after holding office for three (3) months, any elected representative to the tribal council may be recalled from office for neglect of duty or willful misconduct in office by the eligible voters of the tribe, consistent with the provisions hereof.

(b) The procedure to effect the recall of a tribal council member by the band which he or she represents shall be as follows:

(1) Upon receipt by the tribal council of a written request from an eligible voter requesting a petition to recall his or her elected band representative to the tribal council, the tribal council shall issue within five (5) business days a petition, with the date of issuance stated thereon, for recall of the voter’s tribal council member named in the request. said petition must be filed with the tribal council within thirty (30) days of the issuance thereof and must contain the required number of signatures in order to be a valid petition.

(2) The recall petition shall contain a detailed statement, not to exceed two hundred (200) words, of the charges and accusations against said representative which the petitioner(s) believe constitute(s) willful misconduct or neglect of duties.

(3) Upon the filing of a valid petition with the tribal council signed by thirty percent (30%} of the eligible voters of the band which the council member represents, the tribal council member named therein shall be subject to a recall election.

Recall elections shall be held within thirty (30) days of the filing of a valid recall petition; Provided, That if the petition is submitted- within three (3) months of a special election, the tribal council may direct that the matter be placed on the ballot for that election.

(4) In order to recall a tribal council member, fifty percent (50%} of the eligible voters of the council member’s respective band must cast ballots in the recall election and a majority of those voting must vote in favor of the recall.

(5) The election board shall certify the results of a recall election within five (5) business days of the election. If the requisite number of voters cast ballots in favor of the recall of a council member, the office shall be deemed vacant.

(6) In the event a council member is recalled, an election of the eligible voters of the band the recalled member represented shall be held to fill the vacancy within thirty (30) days thereafter.

(c) The procedure to effect the recall of a tribal council member from the position of chairperson or vice-chairperson shall be as follows:

(1) Upon receipt by the tribal council of a written request from an eligible voter of the tribe requesting a petition to recall a tribal council member from the position of tribal chairperson or vice-chairperson, the tribal council shall issue within five(5)business days a petition, with the date of issuance stated thereon, for the recall of the named tribal council member from their position as tribal chairperson or vice-chairperson. Said petition must be filed with the tribal council within twenty (20) days of the issuance thereof and must contain the required number of signatures in order to have a valid petition.

(2) Upon the filing of a valid petition signed by thirty percent (30%) of the eligible voters of the tribe with the tribal council, a chairperson or vice-chairperson shall be subject to a recall election. The election shall be held within thirty (30) days of the filing of said petition; Provided, That if the petition is submitted within three (3) months of a special election, the tribal council may direct that the matter be placed on the ballot for that election.

(3) In order to recall the tribal chairperson or vice-chairperson, thirty-three percent (33%) of the eligible voters of the tribe must cast ballots in the recall election and seventy-five percent (75%) of those voting must vote in favor of the recall.

(4) The election board shall certify the results of a tribal election within five (5) business days of the election. If the requisite number of voters voted in favor of recall of the chairperson or vice-chairperson, the office shall be deemed vacant. Within thirty (30) days of the vacancy in the office of the tribal chairperson, an election shall be held of the eligible voters of the tribe to fill the vacancy from within the membership of the tribal council. The vacancy created after the election shall be filled consistent with the provisions of Article IV, Section 1(b).

(5) Although the vice-chairperson may be recalled from his or her position, he or she will remain a council member representing the band which elected him or her.

(6) If the band membership recalls its council member and said member is the vice-chairperson, the council member who received the third highest number of votes in the preceding election for chairperson shall succeed as vice-chairperson. Filling of the recalled band representative’s seat shall be in accordance with Section 1(b)(6) of this Article.

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Section 2. Removal from Office by Tribal Council Resolution.

(a) The tribal council may by a majority vote of its members remove any tribal council member, including the chairperson and vice-chairperson, for neglect of duty or willful misconduct.

(b) The procedure to effect the removal of any elected council member shall be as follows:

(1) No council member shall be removed from office Except after notice of the charges and a hearing before the tribal council. The council member who is the subject of a removal action may elect to have the hearing open or closed to the tribal membership.

(2) The council member who is the subject of a removal action shall be served written notice of the charges against him or her at least five (5) days before his or her removal hearing is held by the tribal council.

(3) At the removal hearing at which charges will be heard, the council member shall have the right to examine all witnesses against him or her, shall be entitled to call witnesses in his or her own behalf and shall have the right to be represented, at his or her own expense, by an individual of his or her choice. No tribal council member being considered for removal shall preside over or vote in any removal proceedings brought against him or her.

(4) The factual determinations of the tribal council and removal decisions of the tribal council shall be final; Except that issues of the constitutionality of a tribal council member’s removal may be reviewed by the tribal appellate court.

(5) Within thirty (30) days after a council member is removed, a special election shall be held for the eligible voters of the band whose representative was removed. If the council member who is removed is the tribal chairperson, an election shall be held of the eligible voters of the tribe to elect a chairperson from among the five (5) council members. After the removal of the chairperson, the vice-chairperson shall serve as temporary chairperson pending the election of the new chairperson.

(6) If the council member who is removed is also the vice­ chairperson, the band affected shall consistent with this constitution fill said vacant seat. The council member who received the next highest number of votes in the preceding election for chairperson shall succeed as vice-chairperson.

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Section 3. Automatic Forfeiture of Office.

(a) In the event of death, resignation, conviction of a felony while in office, or failure to attend four (4) consecutive regular council meetings, a council member shall automatically forfeit his or her office and a vacancy shall be created.

(b) The procedure to fill a vacancy created by automatic forfeiture shall be as follows:

(1) Except in the case of the tribal chairperson, an election shall be held within thirty (30) days of the eligible voters of the affected band to elect a council member to fill the vacant seat.

(2) In the event the tribal chairperson forfeits his or her seat on the council, within thirty (30) days of the vacancy, an election shall be held, consistent with this constitution, of the eligible voters of the tribe to elect a chairperson from among the five (5) council members. After the forfeiture of the chairperson, the vice-chairperson shall serve as temporary chairperson pending the election of a new chairperson.

(3) If the vice-chairperson forfeits his or her seat on the tribal council, the council member who received the next highest number of votes in the preceding election for chairperson shall succeed as vice-chairperson.

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Section 4. Ordinances. The Tribal council shall enact ordinances to implement the foregoing provisions, provided, that such ordinances are in compliance with this constitution

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Section 5. Vacancy.

(a) A seat on the tribal council shall be deemed to be vacant as follows:

(1) For the purposes of recall of any council member, including the chairperson and vice-chairperson, a seat shall be deemed to be vacant upon receipt by the tribal council of written certification by the election board, acting consistent with the provisions of this constitution, that a council member has been recalled.

(2) For the purposes of removal of any council member, including the chairperson and vice-chairperson, a seat shall be deemed to be vacant on the date the tribal council votes to remove a member and the removal action is recorded in the minutes or journal maintained by the council, as required by this constitution.

(3) For purposes of automatic forfeiture, a seat shall be deemed to be vacant upon receipt of notice of the death of a colll1cil member; upon the date specified in a written notice of resignation by a council member received by the tribal council, and the council’s acceptance thereof; upon receipt of written notice from the clerk of the pertinent court of the conviction of a felony by a council member; or upon written certification to the tribal council by a council designee that a council member has failed to attend four (4) consecutive regular council meetings.

(b) In the event the seats held by the tribal chairperson and vice­ chairperson are vacant simultaneously, the remaining council members shall select a temporary chairperson to serve until elections are held consistent with this constitution.

(c) When the vice-chairperson is temporarily serving as chairperson to fill a vacancy, the position of vice-chairperson shall not be considered vacant.

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