Siletz news /, March 01, 2000, Page 19, Image 19

CONSTITUTIONAL AMENDMENTS
Proposed Amendment to
ARTICLE IV, Section 2
Sec. 2 Tribal Court
(A) The judicial power of the Siletz Tribe shall be vested
in the Siletz Tribal Court, which shall consist of the Tribal Court,
the Court of Appeals, and such other courts as the Tribal
Council may establish from time to time by ordinance. The
Tribal Council may establish divisions of the Tribal Court with
different subject matter jurisdiction. (B) The authority of the
Tribal Court shall include the power to review and overturn
tribal government action, either legislative or executive, for
violations of this Constitution or of the Indian Civil Rights Act
of 1968, as amended. Other jurisdiction of the Tribal Court
shall be established by ordinance. (C) The Tribal Court shall
consist of the chief judge and such other judges and staff
positions as the Tribal Council may establish from time to time
by ordinance. All judges shall be appointed by Tribal Council
resolution. The chief judge shall serve for a term of four years;
the Tribal Council may establish terms for other judges by
ordinance. The Tribal Council shall establish qualifications for
the position of chief judge, other judges, and staff positions.
Compensation for judges of the Tribal Court shall be set by
the Tribal Council, which compensation shall not be diminished
during the term of office. (D) The chief judge shall be
responsible for administration of the judicial branch of the tribe
and for the performance of all other judicial and court functions,
provided that the chief judge may delegate these duties to
other court officers by court rule. The chief judge shall have
primary responsibility for promulgation of rules of pleading,
practice and procedure applicable to any and all judicial
proceedings of the Tribal Court, subject to Tribal Council
approval. (E) The chief judge and any other judge of the Tribal
Court may be removed or suspended from office by the Tribal
Council during the period of his or her term only for cause as
established by ordinance, and only upon due notice and the
opportunity for a hearing before the Tribal Council.
Proposed Amendment to
ARTICLE VI, Section 3
accordance with Article VII, Section 4. Candidates must file
statements of their candidacy with the Election Board on or
before March 1 before the annual election. The Election Board
shall make public the list of candidates not less than thirty
(30) days before the election.
Each voter shall be allowed to cast one vote for each
vacancy on the Tribal Council. No more than one (1) vote per
candidate shall be cast. The winners shall be chosen by
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 the Election Board.
Proposed Amendment to
ARTICLE VI, Section 5
Sec. 5 Temporary Extension of Term of Office
The term of office of those members of the Tribal Council
holding office at the time the amendment to Article VI, Section
3, changing the date of the annual Tribal Council election from
the first Saturday of February of each year to the first Saturday
of May of each year, is validly approved and becomes
effective, will be extended for a period of approximately three
months, such that the term of office for said members will
expire upon certification of election results by the Election
Board of the annual election on the first Saturday of May of
the year in which their three-year term of office will be
completed rather than in February of that year.
Proposed Amendment to
ARTICLE V, Section 2(B)
(B) Special meetings of the Tribal Council may be
called by the chairman at his or her discretion, but the
chairman must call a special meeting upon written request of
three or more members of the Tribal Council, the special
meeting to occur within three (3) days of such written request.
No special meetings shall be called without twelve (12) hours
notice to each member, unless each member shall waive the
notice requirement in writing.
Sec. 3 Tribal Council Election
Elections for Tribal Council shall be held annually on
the first Saturday of May, except as provided in Article VI,
Section 5. The times and places of voting shall be designated
by the Tribal Council. New members shall take office upon
certification of election results.
Candidates for Tribal Council must be duly enrolled
members of the Confederated Tribes of Siletz Indians of
Oregon who will be at least eighteen (18) years of age on the
date of election and who have never been expelled in
ARTICLE V, Section 2(D)
Proposed Amendment
(D) A majority of the seated members of the Tribal
Council plus one 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.
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