Siletz news /, July 01, 1998, Page 12, Image 12

Tribal Government
Sitety “JíetM
DRAFT AMENDMENTS TO ELECTION ORDINANCE
Submitted for Comment
The following proposed revisions to the Siletz Tribal Election Ordinance
are submitted for public review and comment. Language which is
recommended for inclusion into the draft is represented by underlining and
that recommended for exclusion is stricken. Written or oral comments may be
submitted to the Office of the Tribal Council Secretary located at: P.O. Box 549,
Siletz, OR 97380, Phone: 1-800-922-1399. The public is encouraged to
participate in this important process.
Ordinance Number 80-12. Amended by Resolution No. 82-
135 dated Apr. 20, 1982; Resolution No. 84-79 dated Jan. 15,
1984; Resolution No. 85-39 dated Nov. 17, 1984; Resolution
No. 85-229 dated June 15, 1985; Resolution No. 85-381 dated
Sept. 24, 1985; Resolution No. 90-18 dated Oct. 21, 1989;
Resolution No. 91-179 dated May 18,1991; Resolution No. 94-
218 dated Sept. 17,1994; Resolution No. 95-260 dated Aug. 19,
1995; Resolution No. 95-261 dated Aug. 19; 1995; Resolution
No. 96-235 dated Aug. 17,1996.
Original Date: July 13,1979
Subject: Elections
ELECTION ORDINANCE
PARTI
GENERAL PROVISIONS
§2.40 PURPOSE AND AUTHORITY
The purpose of this ordinance is to provide for elections as required by
Article VI, Section 4 of the Siletz Constitution, passed June 2,1979, approved
by the Secretary of the Interior, June 13,1979 (hereinafter referred to as Siletz
Constitution).
§2.4l ‘ ELECTION BOARD
(a) Qualifications; Selection and Removal: Term of-Office. The Election
Board shall be appointed by resolution of the Tribal Council no later than the
November Tribal Council meeting and shall consist of three regular and one
alternate members. Openings for any Election Board member shall be posted
in the Siletz Tribal Newspaper at least 3 months prior to appointment. When
serving as a member, the provisions of this ordinance shall apply to the
actions of the alternate. Election Board members shall each serve for one year
from the date of appointment and may be removed only for cause. No person
shall be appointed who is not a member of the Confederated Tribes of Siletz,
currently holding elective office, who has an immediate family member or
resident of the household (as defined in the tribal management manual) who
holds tribal office, or who plans to be a candidate in any election during his
or her term of service. Election Board members shall serve without pay but
shall be reimbursed for any expenses incurred in connection with their official
duties. Upon accepting the appointment, each member shall sign an oath
which shall become part of the election records stating that he or she will
serve according to the best of his or her ability and shall make every effort to
prevent fraud or abuse of the election process. If a member of the immediate
family or resident of the household of an Election Board member files as a
candidate, that Board member shall be disqualified from serving and a
substitute appointed in his or her place. In the event of a vacancy on the
Election Board, the Tribal Council shall appoint a qualified replacement for
the remainder of the term of service. Failure to perform the duties of the
Board as set forth in this Ordinance or any other misconduct shall be grounds
for immediate dismissal by the Tribal Council. [Amended by Resolution No.
95-261, dated August 19,1995.
(b) Duties of the Election Board. The Election Board shall supervise all
elections conducted pursuant to the authority of the Siletz Constitution. The
Election Board shall verify petitions for Initiative, Referendum, or Recall filed
by tribal members under Article VII of the Siletz Constitution. The Election
Board shall perform other duties set out for it in this Ordinance.
(c) Supervision of Tribal Elections. The Election Board shall monitor and
oversee the conduct of tribal elections within the jurisdiction of the Siletz
Tribe. The Election Board shall count the unrcjccted ballots in public when th e
time for voting hao expired , shall certify the results of the election, and swear
in newly elected members of the Tribal Council.
Elections shall be conducted by the Election Director and his or her staff.
The Election Board Director shall (1) count the unrejected ballots in public
when the time for voting has expired (2) certify from time to time and as
necessary the voter's list of adult tribal members eligible to vote; (3) publish
the date of the election and the rules related to candidates and announce such
date and rules at a General Council meeting sufficiently in advance of the
election to notify all interested tribal members so that candidates can meet the
time deadlines in this ordinance; (4) supervise the form of prepare ballots
prepared forms for the election; (5) supervis e coordinated the preparation,
mailing and return of mail-in ballots; (6) supervise coordinate the conduct of
in-person voting, at the Siletz Tribal Community Center; (6) revi ew -an d
approve any. election procedures adopted by the Election Director; (7) draft
and submit for final approval to the tribal Council proposed election
procedures; (8) supervise determine the disposition of challenged, rejected
ballots; (9) supervise the Election Director's rulings rule on challenges to the
conduct of the election, including defaced ballots, the issuance of new ballots,
and failure to vote; (10) supervise the verification of verify signature cards
and signature affidavits; and (11) supervise take other action on matters
directly related to the conduct of tribal elections.
§2.42 ELECTION DIRECTOR
(a) Policy. It is the policy of the Tribal Council that tribal elections should
be managed and conducted on a day-to-day basis by an outside objective,
independent person or entity in order to ensure fair and honest elections and
to avoid any appearance of impropriety or bias. In the best interest of the
members of the Tribe, it is the Tribal Council's decision that tribal elections
should be conducted by a person or entity that does not include and is not
comprised of tribal members. Because of this policy, tribal preference shall not
apply in the selection of an Election Directo r, but general Indian preference
shall remain in effect.
(b) Selection of Election Director. The Election Board General Manager
shall draft a contract proposal for selection of an Election Director on an
annual or renewable basis. Such proposal shall include minimum
qualifications. Such proposal, upon approval by the Tribal Council, shall be
put out to bid and shall be publicized by appropriate means on a local and
regional basis. The Election Board General Manager may shall solicit
proposals from appropriate local governments,1 companies, individuals, or
others as appropriate an outside company or other entity which is not
affiliated with the Siletz Tribe. The Election Board General Manager shall
receive submitted bid proposals, and will review and rank those proposals
which meet the minimum qualifications. Review of proposals may include
interviews of bidders. The Election Board General Manager shall present a
recommended Election Director to the Tribal Council for approval, along with
the rankings of all qualified bidders and an explanatory statement as to why
the Election Board General Manager selected the recommended applicant.
The decision of the Tribal Council in selecting an Election Director shall be
final and unreviewable as a political decision of the Council, except for review
of alleged constitutional violations. The Election Director shall be selected for
a period no greater than two (2) (1) years without renewal by the Tribal
Council.
The Election Board Tribal Council shall include in its annual budget
proposal a budget for selection of an Election Director by the Board an d Tribal
Council, and an operational budget for performance of the Election Director's
duties and responsibilities.
(c) Duties of the Election Director. The Election Director shall be
responsible for the day-to-day conduct and management of tribal elections
under this ordinance and under the Tribal Constitution. The Election Director
ohall aet under the supervision of the Election Board but shall have full
authority and responsibility for decision-making as set out in this Ordinance
and by contract. The Election Director may use staff as appropriate to carry
out hio or her its responsibilities under this Ordinance.
The Election Board may recommend disciplinary action against the Election
Director or termination of the Election Director's contract to the Tribal Council.
The Tribal Council shall have sole authority to terminate the contract of the
Election Director or to impose appropriate sanctions or discipline.
(d) Status of Election Director. For purposes of this Ordinance, the term
"Election Director" shall include the Election Director a n d /o r appropriate
staff mean the staff or members of an outside company or other entity which
is not affiliated with the Siletz Tribe. Where this Ordinance calls for action by
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