Article VII - Initiative, Referendum, Recall and Removal

Section 1.

Initiative.  Upon receipt and verification by the Tribal Secretary of a petition of thirty (30) percent of the number of persons who voted in the last tribal election, a proposed ordinance or resolution made by the people shall be submitted to a vote of the people at a regular or special election to be held within sixty days of verification of the petition by the Election Board.  The vote of a majority of those actually voting shall be conclusive and binding upon the Tribal Council.

Section 2.

Referendum.  Upon receipt and verification by the Tribal Secretary of a petition of thirty (30) percent of the number of persons who voted in the last tribal election 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 people at a regular or special election to be held within sixty days of verification of the petition by the Tribal Secretary.  The vote of a majority of those actually voting shall be conclusive and binding upon the Tribal Council.

Section 3.

Recall.  Upon receipt and verification by the Tribal Secretary of a petition of thirty (30) percent of the number of persons who voted in the last tribal election, 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 the petition.  The election shall be held within thirty days of verification of the petition by the Tribal Secretary, 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 in favor of the recall of the official, the office shall be declared vacant and filled in accordance with this Constitution.

Section 4.

Removal.  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, remove any Tribal Council member for neglect of duty or gross misconduct.  The decision of the Tribal Council shall be final.

Section 5.

Ordinance.  Initiative, referendum, recall, and removal procedures shall be set by ordinance by the Tribal Council, provided that such procedures shall be in accordance with the Election Article of this Constitution where appropriate.  (Amendment U effective September 20, 2007 – vote 596 for; 197 against; 13 ballots spoiled or mutilated)