The Constitution of the Klamath Tribes
Article IX - Removal of Tribal Council Members and Filling Vacancies

Section I: Any Tribal Council Member of the General Council shall forfeit his/her position if at any time during his/her term if any disability arises which would make him/her unable to hold elected position. (This includes Governmental Leave.) Any Tribal Council Member of the General Council may be removed for the remainder of a term for “just cause” by a majority vote of the qualified voters at any regular or special General Council meeting. No such vote shall take place unless it is requested by a petition setting forth the cause and signed by a minimum of 100 qualified voters of the General Council, and the Tribal Council Member advised of such allegationsl5 days or more in advance of the meeting. Upon receipt of such a petition by the Chairman of the General Council, it shall be his/her duty to forward, to the Tribal Council Member proceeded against, a copy of the petition. If the petition is directed against the Chairman, the Vice-Chairman shall perform this duty. If the petition is deemed as having “Just Cause” the Tribal Council Member being proceeded against may, as a matter of right, (1) submit a written resignation to the Tribal Council or (2) be granted a hearing by the Tribal Council to be held immediately preceding the vote being taken on the petition.

Section II: In event of a vacancy occurring through death, resignation or other cause, said vacancy shall be filled by an appointment, of the next highest vote recipient of said vacated office, by the Tribal Council, said appointment will be held for the remainder of the unexpired term.

Section III: Should any Tribal Council Member be removed through petition process, said Council Member cannot hold any other Tribal position for the remainder of that term of office.

Section IV: Should any Tribal Council Member be removed, all records pertaining to Tribal business in their possession shall be surrendered to the Tribal Government office within 15 days of removal.

Section V: The Tribal Council may remove a Council Member for “just cause” with a majority vote of at least seven members.


ARTICLE X
 
Please note: this presentation of the Constitution of the Klamath Tribes was created using Optical Character Recognition (comonly known as OCR), which may result in occasional errors in spelling and punctuation.