CHAPTER 3-5
GENERAL COUNCIL REMOVAL HEARING

3-5-1 Procedures.

The General Council shall meet and conduct a removal hearing in accordance with the Constitution and By-Laws.

3-5-2 Presentation.

(A)    The Grievance Committee shall present the complaint, the evidence and the findings of the investigative committee to the General Council. They shall not vote as to whether the respondent is to be removed from office.

(B)    The General Council shall serve as a jury as a whole and as such shall determine from the evidence presented whether the respondent is to be removed from office.

3-5-3 Deliberation.

After the presentation of the investigative hearing findings, any General Council member except the parties and the members of the Grievance Committee may address the General Council on any matter relevant to the issues, provided, that the Grievance Committee may impose reasonable and equal time limitations and maintain order and decorum.

3-5-4 Voting.

The vote taken on the issue of removal of the respondent shall be by secret ballot. The Grievance Committee shall see that each General Council member who has signed in is given one ballot. The ballots shall be marked by the General Council members and collected by the Grievance Committee.

3-5-5 Judgment.

The Grievance Committee shall immediately proceed to publicly count the returned ballots. More than one-half of the General Council quorum must respond in the affirmative for the removal of a Tribal Council member. The Grievance Committee shall announce the ballot results, enter such findings into the record and notify the Bureau of Indian Affairs and any other interested party of such results.

3-5-6 Adjournment.

Upon counting the ballots and announcing the decisions of the General Council, the Grievance Committee shall adjourn the General Council meeting. No other or different action may be taken at a General Council meeting called by the Grievance Committee for the removal of a Tribal Council member.

3-5-7 Powers of Court Not Diminished.

Nothing herein shall diminish or otherwise abridge the power or authority of the District Court to take jurisdiction of or enter any order in any matter relating to this subject matter which it would otherwise be competent to address.

(Title 3 enacted by PBP TC No. ________, ________ )