Nottawaseppi Huron Band of the Potawatomi, MI Article IV Governing Council

Section 1 Governing Body.

a) The governing body of the Nottawaseppi Huron Band of the Potawatomi shall be a Tribal Council comprised of five (5) Tribal Members meeting the qualifications prescribed in Section 4 of this Article, who are elected at large by eligible tribal voters.

Section 2 Term of Office.

a) Each position on the Tribal Council shall have a term of office of four (4) years.

b) Tribal Council members shall continue in office until their successors are duly elected and installed in office, or until their resignation, removal, recall or death.

Section 3 Officers and Bylaws.

a) Officers. The Tribal Council shall be organized with the following officers: a Chairperson, Vice Chairperson, Secretary, Treasurer and Sergeant-at-Arms empowered to act on behalf of the Band as provided in this Constitution and in bylaws adopted by the Tribal Council.

b) The Tribal Council shall adopt bylaws detailing the duties and responsibilities of its officers, and procedures for the election of its members to each officer position after any newly elected or appointed members of the Tribal Council take the oath of office.[1]

[1] Editor's Note: See Ch. 1.1, Bylaws of the Tribal Council.

Section 4 Qualifications.

a) Band members must possess the following qualifications in order to be nominees or hold any office on the Tribal Council:

1. Must be twenty-one (21) years of age or older;

2. Must not have been convicted of, or pled guilty or no contest to, any crime involving theft or fraud, any crime involving violence against persons, including sex offenses, or any felony within the last eight (8) years.

3. Must not have been sentenced to a prison term of one (1) year or longer within the last eight (8) years.

4. Must not have been removed or recalled from any salaried elected or appointed office within the last ten (10) years, where such conduct does not result in a conviction or plea in a court of competent jurisdiction, and;

5. No Tribal Member can serve on the Tribal Council at the same time as their spouse, parents, legal guardians, children, or siblings.

6. Must have a high school diploma or its equivalency.

7. Must have an Associate's Degree or higher, or three (3) years of work and/or military experience.

Section 5 Quorum.

a) A quorum of the Tribal Council for transacting business shall be three (3) Tribal Council members.

Section 6 Action by the Tribal Council.

a) The Tribal Council shall take official action only at a properly called Tribal Council meeting at which a quorum has been established.

b) The Tribal Council shall act only by enactment of a statute, resolution or motion.

c) Tribal Council action shall be determined by a majority vote of the Tribal Council members who vote, providing a quorum is present.

d) Whenever a greater vote is required by the Constitution or by any tribal statute or charter, that voting requirement must be adhered to.

Section 7 Meetings of the Tribal Council.

a) Regular Meetings. The Tribal Council shall meet monthly. The time and location for Regular Meetings of the Tribal Council shall be established in by-laws which shall be adopted at the next Regular Scheduled meeting of the Tribal Council immediately following the adoption of this Constitution.

b) Notice of Regular Meeting(s) scheduled shall be provided to the Tribal Membership not less than five (5) business days before the date of any Regular Meeting. Meeting notices shall be posted in conspicuous locations at the Tribal government and Tribal community facilities and on the Band's official website.

c) Special meetings of the Tribal Council may be called by the Chairperson or by any two (2) members of the Tribal Council at any time. In the event that there is at least twenty-four (24) hours before the meeting commences, notice of the meeting shall be posted on the Band's website.

d) When special meetings are called the Chairperson shall inform all Tribal Council members, in writing, of the date, time and place of the meeting, and the item(s) to be acted upon. The Tribal Council may not take action on any item which is not reasonably related to the item identified in the notice.

e) Open/Closed Meetings. All meetings of the Tribal Council shall be open to all Tribal Members except when the Tribal Council meets in Closed Session. The Tribal Council shall disclose the general topic to be discussed in Closed Session to the Tribal Membership. No action can be taken by the Tribal Council in Closed Session other than:

1. To prevent unwarranted invasion of privacy when considering personnel matters.

2. To prevent damage to the investigative or bargaining position of the Band with respect to pending or anticipated arbitration or litigation.

3. To prevent damage to the Band's negotiating or bargaining position with respect to ongoing contract or business negotiations.

4. In other circumstances in which non-disclosure protects a significant public interest of the Band.

f) In all cases in which the Tribal Council takes action in Closed Session, the general topic of the Closed Session shall be identified in the minutes open to the Tribal Membership. The minutes of Closed Session shall remain confidential until the Tribal Council determines by a majority vote, or by a Tribal Court order, to disclose Closed Session minutes to the Tribal Membership.

g) The Tribal Council shall adopt a statute defining the procedures relating to the conduct of all meetings of the Tribal Council, the maintenance of records of Tribal Council meetings, and public access to records of the Tribal Council within six (6) months of the adoption of this Constitution.

Section 8 Removal from office.

a) Any member of the Tribal Council may be removed from office by an affirmative vote of at least four (4) Tribal Council members for the following reasons:

1. Willful and persistent failure to perform the duties of office or other misconduct reflecting on the dignity and integrity of the Council or the Nottawaseppi Huron Band of the Potawatomi;

2. Conviction, guilty plea, or no contest plea to any crime involving theft or fraud, any crime involving violence against persons, including sex offenses, or any felony or other crime for which the person was sentenced to a prison term of one (1) year or longer while in office;

3. Unexcused absence from three (3) meetings of the Tribal Council within one (1) year; or

4. Any form of dishonest act against the Nottawaseppi Huron Band community.

b) The Council member shall be personally served with written notice of the grounds upon which his/her removal is sought at least ten (10) days before the meeting at which the Tribal Council will consider his/her removal. The Council member shall be given the opportunity to answer the charges against him/her by presentation of testimony or other evidence to rebut the charges. The decision of the Council is final.

c) When the Tribal Council votes to remove a Tribal Council member, the Tribal Council shall declare the position vacant and schedule a meeting to fill the vacancy as provided in Section 9 of this Article.[1] The removed member shall have the right to appeal the decision of the Tribal Council to the Tribal Court. The Tribal Court may reverse the decision of the Tribal Council only if the Tribal Council violated the laws of removal promulgated in this Constitution.

[1] Editor's Note: See now Section 10, Vacancies, of this Article.

Section 9 Recall.

a) Any member of the Tribal Council, after holding office for at least one (1) year, may be subject to recall under the following procedure:

1. A recall petition must be signed by a minimum of twenty percent (20%) of the eligible voters in the Band, which shall be presented to the Election Board for signature verification.

2. If Tribal Members seek the removal of more than one (1) Tribal Council member, a separate recall petition shall be required for each Tribal Council member subject to recall.

3. To provide for continuity of governance, no more than two (2) Tribal Council members shall be subject to a recall election at any one time.

4. All recall petitions must be on forms that are approved by the Election Board, which shall at a minimum require the following information:

a) Clear and concise statement describing the grounds for the recall;

b) The name of the Tribal Council member subject to recall;

c) Each signature line on the recall petition shall contain the following information: printed name, signature, address, Tribal ID number, and date signed. Signature lines not containing the required information shall be disallowed; and

d) The name, address, Tribal ID number and signature of the circulator of the petition. Only enrolled Tribal Members of the Band are authorized to circulate recall petitions.

5. Within ten (10) business days of receipt of a recall petition, the Election Board shall certify the validity of the signatures or return it to the Tribal Member circulating the petition with an explanation of the defects and/or deficiencies.

6. A recall election shall be scheduled by the Election Board to be held within ninety (90) days after the date signatures are verified as meeting the requirements of this Article.

7. The Tribal Council member(s) shall be recalled by a majority vote of the Band's eligible voters, provided that at least thirty percent (30%) of the eligible voters, vote in the recall election.

8. No member of the Tribal Council may be subject to more than one (1) recall election per calendar year.

Section 10 Vacancies.

a) The office of any Tribal Council member who is removed, no longer meets the qualifications for office, resigns, or dies shall automatically be deemed to be vacant. If a vacancy occurs, the Council, by a majority vote shall appoint a qualified member of the Band to serve in that office until the seat can be filled in a special election to be held the following April at the next scheduled meeting of the General Membership for the unexpired term of office, if any.