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.