Siletz news /, July 01, 1998, Page 19, Image 19

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Tribal Government
Page 19
Sec. 2. Referendum.
ARTICLE IX - ADOPTION
Upon receipt and verification by file Election Board of a petition of at least
one-third of file General Council of the Confederated Tribes of Siletz Indians
of Oregon or upon the request of two-thirds of the total membership of the
Tribal Council, any proposed or previously enacted ordinance or resolution of
the Tribal Council 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 the
petition by the Election Board or verification of the vote of the Tribal Council.
The vote of a majority of those actually voting shall be conclusive and binding
upon the Tribal Council.
This Constitution, when adopted by a majority of the qualified voters of the
Confederated Tribes of Siletz Indians of Oregon who actually vote at an
election called for that purpose by the Secretary "of the Interior, shall be
submitted to the Secretary of the Interior for his approval, and shall be
effective from the date of approval.
AMENDMENTS RECOMMENDED BY
AD HOC CONSTITUTION COMMITTEE
Sec. 3. Recall.
Upon receipt and verification by the Election Board of a petition of at least
one-third of file General Council of the Confederated Tribes of Siletz Indians
of Oregon, it shall be the duty of the Tribal Council to call a special election to
consider the recall of the elected tribal official named in file petition. The
election shall be held within thirty days of verification of the petition by the
Election Board, provided that if the petition is submitted within six months of
the next annual election the Tribal Council may direct that the matter be
placed on the ballot for that election. If a majority of those actually voting
favor file recall of the official, the office shall be declared vacant and filled in
accordance with Article VI, Section 6 of this Constitution.
Sec 4. Expulsion.
ARTICLE II - RIGHTS OF MEMBERS
Sec. 2 General Council
All duly enrolled members of the Confederated Tribes of Siletz Indians of
Oregon who are eighteen (18) years of age or older shall constitute the
General Council. In accordance with Articles V, VI, VII and VIII of this
Constitution, the General Council shall have the power to:
(A) Elect Tribal Council members and approve or disapprove any
salary or wages paid for performance of Tribal Council duties;
(B) Approve by popular election, any appropriation of available
tribal funds in excess of $25,000.00, within any one fiscal year:
The Tribal Council may by a two-thirds vote of the total members of the Tribal
Council, after due notice and an opportunity to be heard, expell any Tribal
Council member for neglect of duty or gross misconduct. Any member so
expelled shall have the right to appeal the expulsion to the Tribal Court with
complete review of all matters at issue.
(B) (C)
Exercise the powers of initiative and referendum;
(€ ) (D)
Recall elected tribal officials;
Sec. 5, Ordinance.
(©) (E)
Amend this Constitution; and
Initiative, referendum, recall, and expulsion procedures shall be set by
ordinance by the Tribal Council, provided that the procedures shall accord
with the elections article of this Constitution where appropriate.
(E) (F)
Make advisory recommendations to the Tribal Council.
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ARTICLE VI - ELECTIONS
ARTICLE VIII - AMENDMENT
Upon receipt and verification by the Election Board of a petition of at least
one-third of the General Council of thè Confederated Tribes of Siletz Indians
of Oregon or upon the request of two^thirds of the totaL membership of the
TribalCouncilTthis Constitution may be amended by a subsequentmajority
vote of the q u alified voters General Council of the Confederated Tribes of
Siletz Indiar« of Oregon-voting at an election called for that purpose by the
Secretary of the Interior. The election shall be conducted in accordance with
the rules and regulatiofts as set forth by the Secretary of the Interior. It shall
be the duty of the Secretary of the Interior to authorize an election on any
proposed amendment at the request Of a majority of the Tribal CouneiV-of
upon the preoentation of a petition oigned by at least one third of the General
C m inril The finmyitawy n t An Twfaww«« may
authorize clcctiono to amend
fido Constitution without consent of the Tribal CounciLin the Siletz Elections
Ordinance.
Article IX has been moved to "Articles and Sections of H istorical
Significance"
ARTICLES AND SECTIONS OF HISTORICAL SIGNIFICANCE
Sect 3. Tribal Council Election.
Elections for Tribal Council shall be held annually on the first Saturday of
February May,, except as provided in Article VI, Section 5. The times and
places of voting shall be designated by the Tribal Council. N ew members
shall take office upon certification of election results by the Election Board.
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 óf àge òn thè date of election and who have never been expelled
in accordance w ith Article VII, Section 4. Candidates must file statements of
their candidacy with the Election Board not loop than forty five days before
the annual election no later than January 31 of the election year. 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 plurality according to the rank order of votes received. In the event *
of a tie, the winner shall be chosen by flipping a coin under the supervision
of thè Election Board.
Article VI, Sec 5. First Election.
Sec. 6 Vacancies.
Notwithstanding the above provisions, the election of the first Tribal C ouncil
under this constitution shall be in accordance with an election ordinance
enacted by the Interim Tribal Council which accords as much as is feasible
with the above provisions and which is made available to the tribal
membership no more than thirty days after certification of the adoption of
this Constitution. The ordinance shall provide that the election will be held no
later than one hundred-twenty days after adoption of the Constitution, and
may provide that there will be no regular, annual election of Tribal Council
members thereafter until February of 1981. The first Tribal Council elected
under this Constitution shall be elected with three members at three-vear
term, three members at two-year terms, and three members at one-year terms,
or until certification of his or her successors election: Provided, any person
who meets the requirements in Section 4(b) of the Act of November 18.1977.
91 Stat. 1415. shall be entitled to vote whether they meet the membership
requirements under Article I, Section 1 of this Constitution.
In the event that any elective tribal office becomes vacant between elections,
file Chairman-shall recommend a poroon who menta the mquinnmewiin n f q
candidate for that position to fill the vacancy. S u o h p e m n n nhnll
to servo the remainder of the term upon approval of the appointment by the
Tribal Council, that vacant office will be assumed by the runner-up of the last
election for that vacant office. Such person shall assume office to serve the
remainder of the unexpired term.
Sec. 7 Budget Approval Elections.
There will. be at least one (1) and no more than four (4) General Council
elections, to approve the appropriation of available tribal funds in excess of
$25,000.00, during any one tribal fiscal year. The final results of all such
elections will coincide with the date of the quarterly General Council
meetings.
**