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Ponca Tribe of Nebraska Tribal Code

PTN Code § 9-8-1
Section 9-8-1. Removal from Tribal Council Office by Recall

In accordance with Article VIII, Section 1 of the Constitution, any elected or appointed person shall be subject to removal from office by recall for cause only as defined in Section 9-8-2 of this Chapter.

Ponca Tribe of Nebraska Code § 9-8-1, PTN Code § 9-8-1



PTN Code § 9-8-2
Section 9-8-2. Good Cause Defined

A Tribal Council member may be removed from office upon recall for good cause only. Good cause is defined as gross misconduct, gross neglect of duty, misfeasance or malfeasance in office.

Ponca Tribe of Nebraska Code § 9-8-2, PTN Code § 9-8-2




PTN Code § 9-8-3
Section 9-8-3. Evidence Required

Recall for good cause must be substantiated by documented evidence showing that the accused has committed some act(s) which amounts to good cause as defined by Section 9-8-2 of this Chapter. Evidence shall not be based on hearsay evidence. Documented evidence must be presented with the petition to the Ponca Tribal Secretary and the Election Board.

Ponca Tribe of Nebraska Code § 9-8-3, PTN Code § 9-8-3




PTN Code § 9-8-4
Section 9-8-4. Recall Procedure

Removal from office by recall shall be by petition signed by at least thirty percent (30%) of the voters who were registered to vote in the election in which the official sought to be removed was elected to office. Petitions shall comply with the rules set out in Section 9-8-6 of this Chapter and in Chapter 10 of this Ordinance.

Ponca Tribe of Nebraska Code § 9-8-4, PTN Code § 9-8-4




PTN Code § 9-8-5
Section 9-8-5. Submission to Secretary of Ponca Tribal Council

(A) All petitions for recall shall be submitted to the Secretary of the Ponca Tribal Council Executive Committee who shall receive and determine, in writing, within forty-five (45) days of its submission, whether the recall petition is valid in accordance with Section 9-8-8 of this Chapter. If the Secretary fails to issue a written determination on the validity of the recall petition within forty-five (45) days of its submission, the recall petition shall automatically be deemed valid and recall balloting shall be conducted.

(B) If the Secretary of the Tribal Council is the subject of the recall petition, the Election Board shall receive and determine, in writing, within forty-five (45) days of its submission, the validity of the recall petition in accordance with Section 9-8-8 of this Chapter. If the Election Board fails to issue a written determination on the validity of a recall petition within forty-five (45) days of its submission, the recall petition shall automatically be deemed valid and recall balloting shall be conducted.

Ponca Tribe of Nebraska Code § 9-8-5, PTN Code § 9-8-5




PTN Code § 9-8-6
Section 9-8-6. Petitions

Recall petitions shall conform to the rules prescribed in Chapter 10 of this Ordinance. Only those voters registered to vote for an official at the time he or she was elected to office shall be entitled to sign a petition for recall against that official. The petition shall state the name and official title of the Tribal Council member whose removal is sought and the charges and specific allegations of misconduct against the official which amount to good cause for removal. If the removal of more than one official is sought, a separate petition containing the information and signatures required by this Section shall be submitted for each official sought to be removed.

Ponca Tribe of Nebraska Code § 9-8-6, PTN Code § 9-8-6




PTN Code § 9-8-7
Section 9-8-7. Notice to the Accused Official

Upon receipt of a recall petition, the Ponca Tribal Secretary, or the Election Board if the accused official is the Secretary, shall immediately notify, in writing, the accused official of the petition. Said notification shall contain the following:

1. The specific reason(s) stated for removing the official.

2. That the accused official shall have the right to be represented by counsel at his/her own expense, during all stages of the proceedings.

3. That the accused official shall have the opportunity to confront the witness against him/her, to call witnesses on his/her own behalf, and to defend him/herself against the charge(s) at all stages of the proceedings.

4. The date, time, and place of the hearing on the petition for recall.

Ponca Tribe of Nebraska Code § 9-8-7, PTN Code § 9-8-7




PTN Code § 9-8-8
Section 9-8-8. Substantiated/Unsubstantiated Petitions

(A) The Ponca Tribal Secretary or the Election Board, as the case may be, shall determine whether a recall petition complies with the requirements of this Chapter and Chapter 10 of this Ordinance and determine whether evidence has been presented to substantiate the reasons stated for removing the accused official. If a recall petition is determined by the Secretary or the Election Board, as the case may be, to be valid in accordance with the rules set out in this Ordinance, the Election Board shall call and set a date for the recall election. The recall election shall be conducted in accordance with this Ordinance.

(B) If the Ponca Tribal Secretary or the Election Board, as the case may be, determines that a recall petition is invalid, the petition shall be dismissed and a letter stating the grounds for dismissal sent to the petitioners. The decision of the Secretary or the Election Board, as the case may be, shall be final.

Ponca Tribe of Nebraska Code § 9-8-8, PTN Code § 9-8-8




PTN Code § 9-8-9
Section 9-8-9. Ballots

Upon the calling of a recall election in accordance with Section 9-8-8 of this Chapter, the Election Board shall prepare ballots that shall provide a choice of yes or no to recall the accused official. Ballots shall be mailed out and counted in accordance with the rules prescribed in Chapter 5 of this Ordinance.

Ponca Tribe of Nebraska Code § 9-8-9, PTN Code § 9-8-9




PTN Code § 9-8-10
Section 9-8-10. Notice to Registered Voters

Prior to mailing ballots to registered voters, the Election Board shall send out notices to the registered voters which shall advise the voters of the following: (1) the date of the recall election; (2) that the ballots will be mailed and must be returned by the deadline set; (3) the name of the accused official; and (4) the specific reason(s) stated for removing the accused official.

Ponca Tribe of Nebraska Code § 9-8-10, PTN Code § 9-8-10




PTN Code § 9-8-11
Section 9-8-11. Number of Voters Required to Vote in a Recall Election

A person shall be recalled if he/she fails to receive a majority of ballots to retain him/her in office on any recall vote.

Ponca Tribe of Nebraska Code § 9-8-11, PTN Code § 9-8-11

 

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