Siletz news /, July 01, 1998, Page 18, Image 18

Tribal Government
Page 18
Tribal Council. No special meeting shall be called without twelve hours'
notice to each member, unless each member shall waive the notice
requirement in writing.
(C) The agenda shall be set by the Tribal Council eChairman, provided
that it shall include any item submitted upon the written request of three
or more members of the Tribal Council. The agenda shall be provided to
Tribal Council members not less than five days prior to any regularly
scheduled meeting. Items may be added to the agenda at a Tribal
Council meeting upon the concurrence of three or more members.
(D) Five members of the Tribal Council shall constitute a quorum.
Matters of business shall be decided by majority vote, except where
otherwise required by this Constitution and the Tribal Council's own
rules as set forth by ordinance. Voting shall be by roll call vote and the
ayes and nays shall be recorded in the minutes.
(E) All meetings of the Tribal Council shall be open to membership of
the Confederated Tribes of Siletz Indians of Oregon; However, the Tribal
Council may recess at its discretion to discuss any matter in a closed or
executive session, provided that the general subject matter discussed is
expressed in the motion calling for such session and no final or official
action is taken thereon in the closed or executive session.
February, except as provided in Article VI, Section 5. The times and places of
voting shall be designated by the Tribal Council. New^nMembers shall take
office upon certification of election results by the Election Board and upon the
taking of the oath of office at the next-scheduled Tribal Council meeting.
Candidates for Tribal Council must be duly enrolled members of the
Confederated Tribes of Siletz Indians of Oregon who will be at least eighteen
(198) years of age on the date of election and who have never been expelled
in accordance with Article VII, Section 4. Candidates must file statements of
their candidacy with the Election Board not leoo than forty-five-days before
the annual election later than the last working day of October. The Election
Board shall make public the list of candidates not less than thirty days before
the election.
Each voter shall be allowed to cast one vote for each vacancy on the Tribal
Council. No more than one vote per candidate shall be cast. The winners shall
be chosen in plurality according to the rank order of votes received. In the
event of a tie, the winner shall be chosen by flipping à coin under the
supervision of the Election Board.
Sec. 4. Election Ordinance.
(G) All final decisions of the Tribal Council on matters of temporary
interest shall be embodied in resolutions. The resolutions shall be
collected and made available to tribal members and others affected upon
reasonable request.
The Tribal Council shall enact an election ordinance consistent with the
provisions of this Constitution. The ordinance shall include provision for
appointment by the Tribal Council of a three-member Election Board and
alternates. The members of the Election Board shall serve for set terms of
office and shall be removable prior to the expiration of their terms only for
cause. No person who holds any elective tribal office or is a candidate for such
office shall be eligible to serve on the Election Board. The Election Board shall
supervise all tribal elections, verify petitions by tribal members, and perform
such other duties as are set by the election ordinance. The ordinance shall
include provision for settlement of election disputes, including the right to
appeal to the Tribal Court whose decision shall be final.
(H) All questions of procedure shall be decided by motion duly passed,
or by the ruling of the Chairman if no objection is heard.
Article VI, Section 5 has been moved to "Articles and Sections of Historical
Significance" at the end of the Constitution
(I) No Tribal Council member shall vote on any matter wherein he or
she or a member of his or her immediate family has a direct personal
interest, including but not limited to employment contracts, project
funding, and appointments to tribal committees.
Sec 5. First Election;
(F) All final decisions of the Tribal Council on matters of general and
permanent interest to the members of the Tribe shall be embodied in
ordinances. The ordinances shall be collected and made available to
tribal members and others affected upon reasonable request.
(J) A written record shall be kept of Tribal Council proceedings. The
record shall be open for inspection by all members of the Confederated
Tribes of Siletz Indians of Oregon.
Sec 3 Tribal Court
-
The Chief Judge T ribal Council shall promulgate rules of pleading, practice,
and procedure applicable to any and all proceedings of the Tribal Court,
consistent with the provisions of this Constitution and requirements of
Ffederal felaws which are generally applicable to federally-recognized Indian
tribes. In caoe -e f failure'of the Chief fudge to eotablioh ouch rules,-the Tribal
Council shall have the authority to establish them.
ARTICLES VI - ELECTIONS
Section 1. Voters
All duly enrolled members of the Confederated Tribes of Siletz Indians of
Oregon who are eighteen (18) years of age or older shall have the right to vote
in all tribal elections.
Sect 2. Manner of Voting.
All elections shall be by secret ballo t, except that t . The General Council may
make advisory recommendations to the Tribal Council by voice vote or show
of hands at General Council meetings. Voting by mail and absentee ballot
shall be provided for by ordinance. The ordinance shall require that such
ballots be made available to members sufficiently in advance of any election
to permit the ballots to be submitted by voters to the tribal office prior to the
scheduled date of the elections. Ballots so submitted shall be counted along
with ballots cast in person at the polls.
Sect 3. Tribal Council Election.
Elections for Tribal Council shall be held annually on the first Saturday of
Notwithstanding the above provisions,-the election of the first Tribal Council
under tirio constitution shall be in accordance with an election ordinance
enacted by the Interim Tribal Council which aecordo ao much ao io feaoibl e
with the above provioiono and which io m ade available to -the tnbol
membership no more than thirty days after certification of the adoption of
thio Conotitution-.-The ordinance shall provide that the election will be held no
later than one hundred twenty dayo after adoption of the Conotitution, and
m ay provide that there will be no regular, annual election of Tnbal Council
membero thereafter until February of 19 8 1. The first Tribal Council elect e d
under " 'this Conotitution shall be elected with three members at throe year
term, three membero at two year terms, and throe membero at one year terms;
n r u n t i l f o r t i f i c a t i o n o f his or her ouoceooor'o election! Provided, any person
who meets the requiremento in Section 4(b) of the A ct of November 18,1977,
91 S tat. 1415, ohall be entitled to vote whether they meet the memberohip
requiremento under Article I, Section 1 of thio Conotitution^
Sec, 6 Vacancies.
In the event that any elective tribal office becomes vacant between elections,
the Tribal Council Chairman shall recommend athree persons who meets the
requirements of a candidate for that position to fill the vacancy. The Tribal
Council shall vote to select which of the three recommended persons shall fill
the vacancy. The recommended person receiving the most vote s Such peroon
shall assume office te-and serve the remainder of the ter m upon approval of
the appointment by the Tribal Council.
ARTICLE VII - INITIATIVE, REFERENDUM,
RECALL AND EXPULSION
Section 1. Initiative.
Upon receipt and verification by the Election Board of a petition of at least
one-third of the General Council of the Confederated Tribes of Siletz Indians
of Oregon, a proposed ordinance or resolution made, by the people shall be
submitted to a vote of the General Council at a regular or special election to
be held within sixty days of verification of ¿he petition by the Election Board.
The vote of a majority of those actually voting shall be conclusive and binding
upon the Tribal Council.
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