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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.
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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.
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