Hoopa Valley Tribe: Recall, Removal, & Vacancies Excerpt



Section 1. If any member of the Tribal Council or other elected official shall die, resign, be removed from office or shall be found guilty while in office of a felony or misdemeanor involving moral turpitude in any Indian, State or Federal court, or if he shall miss three (3) consecutive regularly scheduled meetings of the Council without being excused by that body, the Council shall declare that position vacant. If more than six (6) months remains in the term of the position the election board shall conduct a special election of the voting membership for the purpose of filling the vacancy. If less than six (6) months remains in the unexpired term, the Council shall appoint a representative to serve the remainder of the unexpired term.

Section 2. REMOVAL: The Tribal Council may by five (5) affirmative votes, expel any member for neglect of duty or gross misconduct. Before any vote for expulsion is taken on the matter, such member or official shall be provided a written statement of the charges against him at least five (5) days before the meeting of the Tribal Council before which he is to appear, and an opportunity to answer any and all charges at such designated Council meeting. The decision of the Tribal Council shall be final.

Section 3. RECALL: Upon receipt of a petition signed by one-third (1/3) of the number of voters, who were registered to vote in the last election, calling for the recall of any member of the Council or election board, it shall be the duty of the election board to call and conduct within forty-five (45) days an election on such recall. Recall shall be effective only if a majority of the Tribe's registered voters shall vote in favor of such recall. Once a member has faced a recall attempt, no further recall action may be brought against him until at least one (1) year has passed. No member of the Council shall be subject to recall action within the first six (6) months of his term. 

Native Nations

Hoopa Valley Tribe. 2012. "Constitution and Bylaws of the Hoopa Valley Tribe." Hoopa, CA.


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