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Section 2 – Removal from Office – xii

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.