2.02.050 Expulsion of a Tribal Council Member.
(1) Expulsion. The Tribal Council may, by a vote of five members of the entire Tribal Council, after due notice and an opportunity for a hearing before the Tribal Council which is open to the membership, expel any Tribal Council member for dereliction of duty or gross misconduct.
Any member so expelled shall have the right to appeal his or her expulsion to the tribal courts, with full review of all matters involved.
(2) Notice. Upon the motion to expel, duly made by a Tribal Council member, the Tribal Council may, by majority vote, adopt a resolution giving the Tribal Council member in question notice that he or she is the subject of a motion to expel, the reasons for the motion and setting a date for a special Tribal Council meeting to consider the matter.
(3) Opportunity to be Heard. The Tribal Council member in question shall have the opportunity and right to be heard on his or her own behalf at the special Tribal Council meeting set in accordance with subsection (2) of this section. There shall be full and complete discussion of all the aspects of the charges of neglect of duty or gross misconduct prior to Tribal Council action.
(4) Grounds for Expulsion. The Tribal Council is the sole judge of the qualifications of its members, and may adopt any grounds for expulsion of said members. Such grounds shall be adopted by resolution of the Tribal Council, shall be listed in this section, and shall not be effective until 30 days after enactment. Grounds for expulsion include the following:
(a) Any officer or member of the Tribal Council who shall absent him or herself from any three consecutive regular or special Tribal Council meetings without sufficient reason may be expelled by a vote of five members of the Tribal Council;
(b) Any officer or member of the Tribal Council who, while in office, is convicted of a felony by any federal, state or Indian court may be expelled from office by a vote of five members of the Tribal Council.
(5) Decision and Effective Date. Any Tribal Council decision to expel shall be by a vote of at least five members of the Tribal Council and shall be effective immediately.
(6) Filling of Vacancies in Tribal Council. Pursuant to Article VIII, Section 6(3) of the Constitution, upon any vacancy occurring in the Tribal Council by virtue of resignation, removal, recall or death, the Tribal Council, by majority vote, shall fill the position from any persons interested that meet the requirements to run for Council.
(7) Conflict of Interest. Any Tribal Council member who is the subject of a recall petition or motion for expulsion or removal under this chapter shall not take part in any deliberation of the Tribal Council regarding such action, and shall not vote in any Tribal Council action which may, directly or indirectly, pertain. [Res. 2020-01-005 § 2, 2020.]