Section 1. Removal.

Section 1. Removal.

Section 1.
Removal.
(a) The Tribal Council shall remove a Council Member for:
      (1) Final conviction of a felony by any tribal, federal or state court while serving on the Tribal Council.
            (A) The Tribal Council may suspend a Council Member charged with a felony pending the outcome of the trial and any appeals.
(b) The Tribal Council may discipline or remove a Council Member, by a vote of at least five (5) members of the Tribal Council, for:
      (1) Converting tribal property or monies for personal use;
      (2) Failing to attend four (4) regular or special meetings consecutively without good cause;
      (3) Final conviction of three misdemeanors by any tribal, federal or state court while serving on the Tribal Council; or
      (4) Violation of the Code of Ethics.
(c) In all proceedings under Section 1(a) or 1(b) above, the Tribal Council Member in question shall be afforded full due process rights including a written statement of the charges, the right to respond to those charges and the right to present witnesses and other evidence in his or her defense. The decision of the Tribal Council shall be final and shall be appealable to the Tribal Court only if a claim is made that the tribal constitution has been violated or due process rights not afforded. A Council Member removed from office must wait at least five (5) years from the official date of removal to run for office again.

    • Related Articles

    • Section 6. Removal of Judges.

      Section 6.  Removal of Judges. (a) A judge shall be removed by the Tribal Council for:       (1) Final conviction of a felony by any tribal, federal or state court while serving as judge.             (A) The Tribal Council may suspend a judge charged ...

    • Adoption of Constitution

      This constitution, when adopted by a majority vote of the registered voters of the San Juan Southern Paiute Tribe, voting at a special election authorized by the Secretary of the Interior in which at least thirty percent (30%) of those registered in ...

    • Section 1. The Tribal Council.

      Section 1. The Tribal Council. The governing body of the San Juan Southern Paiute Tribe shall be known as the San Juan Southern Paiute Tribal Council which shall consist of seven (7) members as listed in this Article. All Tribal Council Members shall ...

    • Section 9. Voting.

      Section 9. Voting. The Tribal Council shall make decisions by a majority vote of those present except as otherwise provided in this constitution or in an ordinance which requires more than a majority vote. All Tribal Council Members, including the ...

    • Powers of The Tribal Council

      The Tribal Council shall have all powers vested in the Tribe through its inherent sovereignty or federal law. It shall execute these powers in accordance with established customs of the Tribe and subject to the express limitations contained in this ...