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About Siletz news / (Siletz, OR) 199?-current | View Entire Issue (July 1, 1998)
Silety 'Heurt Page IS Tribal Government measure or measures to be referred or, in the case of a recall petition, a statement describing the purpose of the petition and the authority under which it is circulated. (c) Forms. The Election Director may issue a suggested form of petition for use by tribal members, but any petition which meets the requirements of this Section shall be sufficient for filing with the Election Director. §2.52 FILING OF PETITION Petitions first shall be filed by the sponsor with the Election Director by hand delivery or mail to the Siletz Tribal Office, Post Office Box 549, Siletz, Oregon 97380 or at another Post Office Box established by the Election Director for tribal elections. The day the Petition actually io received shall control in computing -time ; Upon the filing of a petition for an initiative, ©r referendum or recall, the Election Director shall forward a copy of the proposed or referred measure petition to the tribal attorney for review. In the case of a recall petition, the Election Director shall also personally deliver. or mail by certified m ail, a copy of the said petition to the person whose recall is sought. The tribal attorney shall review the measure or recall petition solely for the purpose of determining whether or not, if adopted or acted on, it would be valid under the Siletz Constitution. The tribal attorney shall issue an opinion on the constitutionality of the measure or recall petition within one week of receiving it, along with supporting reasons for that opinion. §2.53 CERTIFICATION OF PETITIO N The Election Director shall review all petitions for compliance with all the requirements Set forth in this ordinance. If the attorney issues an opinion in accordance with Section 2.53 that any initiative, e r referendum measure or recall petition is constitutional, and the other requirements of this ordinance are met, the Election Director shall certify the petition. The Election Director shall then transmit a copy of the petition to the Election Board. The Election Director shall then transmit a copy of the petition to the Election Board. If the petition is determined to be invalid, the Election Board shall render its decision in writing and post the same at the Tribal office in Siletz and the three Area Offices. §2.54 PRESENTATION OF MEASURE TO TRIBAL COUNCIL Upon certification of the a referendum, initiative or recall petition by the Election Board Director and transmittal of the certification to the Election Board, the Election Board shall present the petition to the Tribal Council at its next reg u lar meeting. The Tribal C ou n cil may, at its discretion, consider the measure contained in an initiative of referendum petition and may adopt it. The Council also m ay consider expulsion of an elected official named in a re call petition under the provisions of Part IV. §2.55 CIRCULATION OF PETITION Petitions may be circulated when they are certified only by tribal voters who are eligible to vote in tribal elections and who have valid signatures cards or signature affidavits on file with the Election Director. Persons asked to sign the petition must be given sufficient opportunity to read the summary of the measure and the attached complete copy of the measure and must be advised that they must be an eligible tribal voter with a valid signature card or affidavit on file with the Election Director in order to sign. §2.56 VALIDATION OF PETITION Sponsors of a petition may file completed petitions at any time within 90 days of certification. The Election Board muot verify the number and genuincoo of the oignaturco, that at least one third of all eligible votcro have oigned and that the petition io filed withi a 9 0 days of certification. Not later than fifteen (15) days after receipt of a petition by the Election Board, i t or its authorized designee, shall verify the signatures of the petitioners appearing thereon, and shall certify the petition as valid or invalid. Verification shall include a determination, by reference to valid signature affidavits or, if the voter does not have an affidavit on file, voter registration cards, that the names which appear on the petition total at least one-third (1/3) of the registered voting members of the Siletz Tribe, that each person has signed only once and that the names on the petition are the names and signatures of registered voters. If the requirements of this ordinance are met, the Election Board shall so verify and the petition shall be validated. (a) Signatures. The name of each signer must be printed and the signature must be in ink. The date of signing must be noted and the signer's enrollment number must be included. Signers must be eligible to vote in tribal elections as set forth in §2.43 of this ordinance. (b) Verification. On the back of each signature page shall be a statement, signed by the tribal member who circulated that page, stating that he or she is a tribal member eligible to vote, that he or she circulated the signature page with a complete copy of the measure attached, and that the signatures on it are true and authentic to the best of his or her knowledge. (c) Changes to Petition. Following presentation and fifing of a petition with the Election Board pursuant to this ordinance, the names of the petitioners and file information appearing thereon may not be altered; Excepting, that a petitioner may withdraw his/her signature from a petition if the withdrawal of his/her signature occurs in conformance with the procedure required herein. To withdraw a signature from a petition filed with the Election Board, the petitioner must: 1) notify the petitioner sponsor that he/she intends to take action to petition the tribal court for removal of his/her name from the petition; and 2) Up to the date of certification, as provided in this Ordinance, file a written request with the Siletz Tribal Court for an Order directing removal of the petitioner's name from the petition; and 3) Not later than ninety-six (96) hours after certification of the petition, as provided in this Ordinance, file with the Election Board, a copy of the Tribal Court Order directing withdrawal of his/her name. The Tribal Court shall issue an order on a request filed under this Sub section within 72 hours of such filing. The Court shall grant the request and issue an order to withdraw the petitioner's signature form the petition in question upon a finding of good cause and that the petitioner certifies that his/her request is made o f his/her own free will, and that he/she was not coerced, intimidated, or promised any benefit or reward for making such request. Such Orders shall be in that form attached hereto and there shall be no formal hearing prior to issuance of such Orders. The Election Director shall, upon receipt of a timely issued Order of Signature Withdrawal, immediately remoVe the petitioner's name from the petition, and shall thereafter redetermine the number of signatures. §2.57 DATE OF GENERAL COUNCIL ELECTION Upon validation , of a petition for referendum or initiative, the measure shall be placed on the ballot for the next regularly scheduled General Council election, or a special election conducted within 60 days, if the general election is not scheduled to be held within 60 days. Any special election shall be held in the same manner as regular elections as provided for in Part I of this ordinance and the matter on the ballot shall be limited to the measure contained in the petition (or petitions if more than one petition has been validated) and any measure or measures referred by the Tribal Council. Recall elections shall be held no later than 30 days after certification of the recall petition or as otherwise provided in Article VI, fi 3 of the Constitution of the Confederated Tribes of Siletz. §2.58 ADOPTION O F MEASURE A majority vote of those voters actually voting shall be required for the adoption of any measure by the General Council or the recall of any elected official. In the event that there are conflicting measures placed upon the ballot, the ballot shall state that the voter may vote fo r as many measures as he or she chooses. In the event that more than one measure receives a majority of the votes cast, the measure receiving the greatest number shall be adopted and no further election shall be held without full compliance with the requirements of this ordinance. §2.59 EFFECTIVE DATE OF M EASURE Unless a measure or recall submitted to the General Council specifies a later date of effect, any measure or recall passed b y the General Council election shall become effective upon certification of the election by the Election Director. PART IV EXPU LSIO N §2.60 EXPULSION The Tribal Council may, by a two-thirds vote o f its entire membership, expel a Tribal Council member for neglect of duty or gross misconduct. Expulsion shall take place only in accordance with this ordinance. §2.61 NOTICE Upon the motion to expel, duly made by a Tribal Council member, the Tribal Council may, by majority vote, adopt a resolution giving tire Tribal Council member in question notice that he or she is the subject of a motion to expel, the reasons for the motion and setting a date for a special Tribal Council meeting to consider the matter. §2.62 OPPORTUNITY TO BE HEARD The Tribal Council member in question shall have the opportunity and right to be heard on his own behalf at the special Tribal Council meeting set continued next page
