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Section 5 – Vacancy – xii
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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.