ARTICLE X. VACANCIES AND REMOVAL FROM OFFICE
Section 1. DEATH, RESIGNATION, OR REMOVAL FROM THE COUNCIL BY THE TRIBAL COUNCIL
The Tribal Council shall declare a vacancy on the Tribal Council due to any of the following:
a) Death or resignation of the Tribal Council Member;
b) By the Tribal Council Member’s unexcused absences from two (2) consecutive regular meetings of the Tribal Council in any twelve (12) month period. The Tribal Council shall have the authority to remove such absent Tribal Council Member and to declare the position vacant;
c) Expulsion of the Tribal Council Member from the Tribe’s Reservation and/or termination of his or her tribal citizenship pursuant to this Constitution and other applicable tribal law;
d) By conviction of a felony or a crime of moral turpitude while holding office. Such conviction shall constitute automatic ineligibility to continue in office.
Section 2. DEATH, RESIGNATION, OR REMOVAL FROM THE COUNCIL BY THE TRIBAL COUNCIL
The General Council may declare a vacancy on the Tribal Council when:
a) The General Council by majority vote at a duly-noticed and held General Council meeting removes or recalls a Tribal Council Member. Recall elections may be scheduled during special meeting of the General Council. A request for recall of a Tribal Council Member must be in writing and signed by at least twenty-five (25) voting-eligible Tribal Citizens. All recall requests must include a written statement of charges against the Tribal Council Member being recalled and such statement must be submitted to the Chairperson, or in the case of a request for recall of the Chairperson, to the Vice-Chairperson. Such written statement must also be received by the accused Tribal Council Member at least fifteen days before the General Council meeting at which the recall election is scheduled to occur.
b) Grounds for removal or recall by the General Council shall be extreme neglect of duty, extreme misconduct, or other acts of malfeasance against the best interest of the Tribe. In such cases, a preponderance of the evidence must establish that the Tribal Council Member has committed such offense. Before any General Council vote for removal or recall is taken, such council member or officer shall be given a written statement of the grounds for removal or recall at least thirty (30) days before the meeting of the General Council at which the matter of removal or recall is to be decided, and he/she shall be given an opportunity to answer and contest any and all charges. Should the Tribal Council Member who is the subject of a removal or suspension proceeding fail to appear after proper notice has been served, then the action regarding removal or recall can be taken in their absence. At the General Council meeting scheduled for purposes of the recall election, one of the charging parties who signed the request for recall shall present his/her allegations and proof against the accused Tribal Council Member, and the accused Tribal Council Member shall be given an opportunity to reply to all charges by presenting his/her witnesses and proof to the General Council.
c) After hearing all the charges and proof presented by both sides, the General Council shall vote on whether the accused Tribal Council Member shall be recalled from office. The accused Tribal Council Member shall not vote in the recall proceedings. If the majority of the General Council votes to recall the accused Tribal Council Member, his or her seat shall be declared vacant immediately.
d) Only one (1) request for recall may be entertained at a General Council meeting. In the case of multiple requests for recall, the Tribal Chairperson, or in the case of the Tribal Chairperson being recalled, the Vice-Chairperson shall schedule the General Council recall elections in order of receipt of the requests.
e) Any Tribal Council Member, who has been removed or recalled from office shall be barred from holding any Tribal Council office or appointed position for a period of three (3) years from the date of such recall or removal.
Section 3. FILLING VACANCIES ON THE TRIBAL COUNCIL
a) If a Tribal Council member should die, resign, be removed or recalled from the Council, and if there are less than two (2) years remaining in such vacated term, the Tribal Council Chairperson shall appoint another qualified Tribal Citizen to the Tribal Council to fill the vacancy, subject to the approval of the Tribal Council. If there are more than two (2) years remaining in the vacated term, the Tribal Chairperson may make a temporary appointment subject to Tribal Council approval. All appointments will need to be elected at a Regular or Special Election held at the time of the next General Council Meeting. The newly-elected Member’s term of office shall be for the duration of the vacated position.
b) If the office of the Tribal Chair becomes vacant by reason of death, resignation, removal or by a recall vote, the Tribal Vice-Chair shall preside over meetings of the Tribal Council or the General Council as Acting Tribal Chair and shall be entitled to exercise all of the powers and be obligated to discharge all of the responsibilities of the Tribal Chair pursuant to the Constitution until a permanent replacement is made by appointment or election.
c) If the Office of the Tribal Vice-Chair becomes vacant by reason of death, resignation, removal or by a recall vote, the Tribal Council Secretary shall perform all duties and assume the responsibilities vested in the Tribal Vice Chair pursuant to the Tribe’s Constitution until a permanent replacement is made by appointment or election.