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REMOVAL REGULATIONS





LEGISLATIVE

RESOLUTION NO. AS-92-22

ABSENTE SHAWNEE TRIBE OF INDIANS OF OKLAHOMA

SPECIAL EXECUTIVE COMMITTEE MEETING

APRIL 23, 1992


A RESOLUTION DULY ADOPTED BY THE EXECUTIVE COMMITTEE OF THE ABSENTEE SHAWNEE TRIBE OF OKLAHOMA ADOPTING, AS THE LAW OF THE TRIBE, THE REMOVAL REGULATIONS, ATTACHED HERETO. SUCH REGULATIONS ARE TO BE CONSIDERED A NEW PART OF THE ABSENTEE SHAWNEE TRIBE LAW AND ORDER CODE, TITLED CHAPTER 23, REMOVAL REGULATIONS, EFFECTIVE IMMEDIATELY.

WHEREAS, the Absentee Shawnee Tribe of Oklahoma is a federally recognized Indian Tribe exercising all inherent sovereign rights from time immemorial, and
WHEREAS, the Absentee Shawnee Tribe of Oklahoma has a Constitution approved by the Department of the Interior, last amended in August, 1988, and
WHEREAS, the Executive Committee of the Absentee Shawnee Tribe of Oklahoma is empowered by the Constitution to speak and otherwise conduct business in the name of, and on behalf of, the Absentee Shawnee Tribe of Oklahoma, and
WHEREAS, the Executive Committee has the constitutional authority to adopt removal regulations, and
WHEREAS, the Executive Committee has determined that there exist a need for the creation of removal regulations, and
WHEREAS, the Executive Committee has also determined that it is in the best interest of the Tribe to have removal regulations in effort.
NOW THEREFORE BE IT RESOLVED that the Absentee Shawnee Tribe of Oklahoma hereby adopts, as the law of the Tribe, the Removal Regulations attached hereto. Such Regulations are to be considered part of the Absentee Shawnee law and Order Code titled, Chapter 23, Removal Regulations, effective immediately.

NOW THEREFORE BE IT FURTHER RESOLVED that the Removal Regulations are effective immediately.


CERTIFICATION

We, Leroy Ellis, Governor and Cynthia Hernandez, Secretary of the Absentee Shawnee Tribe of Oklahoma, do hereby certify that this Resolution No. L-AS-92-22 to be a true and exact copy as approved by the Executive Committee of the Absentee Shawnee Tribe of Oklahoma at a duly called meeting held on April 23, 1992, there being a quorum present, by a vote of 3 in favor, 0 opposed, and 0 abstentions, as follows: Lt. Governor: N/A, Secretary: AYE,
Treasurer: AYE, Representative: AYE, Governor's vote, if required, N/A.



JOHN EDWARDS, GOVERNOR                       CYNTHIA HERNANDEZ, Secretary
LEROY ELLIS, LT. GOVERNOR





C O N T E N T S

Chapter 23

REMOVAL REGULATIONS



Section 101: GENERAL
Section 102: COMMENCEMENT
Section 103: REMOVAL PETITION CONTESTS
Section 104: NOTICE
Section 105: SETTING A HEARING ON REMOVAL
Section 106: SPECIAL MEETING ON REMOVAL
Section 107: FINALITY




REMOVAL REGULATIONS


Section 101: GENERAL

          Pursuant to ARTICLE VII of the Constitution each elected body of government shall have the power to remove any of its members for a justifiable cause by an affirmative vote of three (3) members.


Section 102: COMMENCEMENT

          Removal action shall be commenced by any member or members of the elected body of government presenting a Petition For Removal in an open meeting of the body. Such Petition may be presented without advance notice and need not be upon the meeting agenda.


Section 103: REMOVAL PETITION CONTENTS

          The Removal Petition shall contain the name of the person sought to be removed, the beginning and expiration date of the term of office for such person, and a written statement of each of the charges which individually or collectively are justifiable cause for removal. The Petition shall also contain a signed statement by the member or members of the body filing the Petition For Removal that verifies that such allegations are true and correct.


Section 104: NOTICE

          Delivery to the subject of a copy of the Petition For Removal in any open meeting of the body is service upon the subject member. Service may also be obtained by actual service upon the subject accomplished by any member of the body of government concerned, by tribal police or by any process server licensed by any tribal, state or federal government. If personal service cannot reasonably be accomplished, service may be had by publication as provided in the Tribal Code for civil actions.


Section 105: SETTING A HEARING ON REMOVAL

          Upon presentation of a Petition For Removal, the elected body of government shall immediately call a special meeting for the purpose of allowing the defendant to address the plaintiff in answer to the written charges that allege justifiable cause for removal. Written Notice of such special meeting and a copy of the Petition For Removal shall be delivered to the subject not less than fifteen (15) days prior to the removal hearing and not more than thirty (30) days from presentation of the Petition For Removal unless service cannot be had upon the subject. Notice of such meeting shall further comply with any requirements outlined in ARTICLE XVI of the Constitution.


Section 106: SPECIAL MEETING ON REMOVAL

          The Special Meeting on Removal shall be chaired by the highest ranking member of the elected body of government who is present and not the subject of the Petition For Removal.
A. The meeting shall be called to order at the appointed time.

B. A roll call shall be used to establish a quorum. Should no quorum be established, the Petition For Removal shall be considered dismissed.

C. A declaration of quorum shall be announced.

D. The Petition For Removal shall be publicly

E. The subject of the Petition For Removal shall be given the floor to confront the plaintiff(s) charges under oath.

F. The subject of the Petition For Removal may inquire, as in a court proceeding, of the plaintiff concerning the charges.

G. The subject may call witnesses under oath who volunteer to testify on behalf of the plaintiff concerning the charges.

H. Any member of the government involved may question the defendant or their witne~ses concerning the charges.

I. Legal counsel may be used by the subject, defendant and the governmental body.

J. The chair may limit testimony that does not pertain to charges against the defendant.

K. The chair may recess the special meeting as time requires, but in no event shall the meeting be extended more than five (5) days.

L. At the conclusion of answer by the subject, defendant, the plaintiff may present reasonable rebuttal by sworn testimony of himself and others who volunteer to testify under oath if plaintiff deems rebuttal necessary. Such persons testifying may be questioned by defendant.

M. The chair shall, after answer and rebuttal, if any, declare an Executive Session to discuss whether justifiable cause for removal exists.

N. After Executive Session, the governmental body shall return to open session and determine whether justifiable cause exists to remove the subject, defendant. A roll call vote shall be required and unless an affirmative vote is cast by a minimum three (3) members, the Petition For Removal shall be considered defeated.

0. After vote is announced, the Special Meeting shall be deemed adjourned.

Section 107: FINALITY

          Should the vote for removal fail, the substance of the charges stated shall not be used in any future Petition For Removal against the subject, defendant. The judgment of the governmental body in regard to removal shall be final as to the matters considered. Should the vote for removal be successful, the same shall be immediately effective and final.

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