Approved Ordinances for the Te-Moak Tribe of Western Shoshone, Recall and Impeachment

RECALL AND IMPEACHMENT ORDINANCE

A. Recall Petitions and Elections

1.

(a) Any recall petition submitted hereunder must be signed by at least one-third (1/3) of those voters eligible to vote for the person whose recall is being sought in the petition calling for the recall of a member or members of the Te-Moak Western Shoshone Council or a member or members of any community committee.

(b) The petition containing signatures affixed must show the date of signing and the residence of each person signing. If the signature is by mark only, two (2) witnesses must certify on the petition that the petition was read to the person prior to his or her signing and that the person signed voluntarily.

2. The petition may be presented by any person to the Te-Moak Western Shoshone Council at its regularly scheduled monthly meeting or any other meeting of the Te-Moak Council.
3.
(a) The petition for the recall of any member or members of the Te-Moak Western Shoshone Council or any community committee shall, within 15 calendar days following delivery, be referred to a SPECIAL ELECTION BOARD appointed by the Te-Moak Western Shoshone Council, consisting of three (3) members; one of the Board members may be nominated by the petitioners. If a Board member fails to perform his or her duties, the Te-Moak Council must vacate the position and appoint a successor.
(b) In the event a properly filed petition is determined to be a valid petition and meets all prescribed requirements of the Tribal Constitution and By-Laws and other regulations, and a recall election is called, the said three-member Special Election Board shall conduct and hold the said Special Recall Election.
4. The purpose of the Special Election Board shall be to determine the validity of the petition and to resolve other questions relating to the recall election; and, also, to serve as the Election Board in the event a Special Recall Election is called by the Te-Moak Western Shoshone Council. The Special Election Board shall be empowered to review the validity of each petition, the qualifications of each signatory person, validity of signatures, and the conformance of the petition with the Constitution and By-laws, this ordinance, and such other rules as may be adopted by the Special Election Board and/or the Te-Moak Western Shoshone Council. All questions concerning petitions shall be decided by the majority vote of the Special Election Board within 15 calendar days after the Board has been appointed.
5. The Te-Moak Western Shoshone Council shall designate a Chairman of the Special Election Board, and he or she shall be responsible for seeing that a complete record is made of all Special Election Board matters.
6. The following regulations, which are not meant to be a complete list of regulations, shall govern the ruling of the Board:

(a) Stale Petitions. No signature shall be deemed valid on a petition if it was affixed more than 30 calendar days prior to the presentation of the petition to the Te-Moak Western Shoshone Council.

(b) Withdrawal of Signature from Petition. Any person signing a petition for a recall of a member or members from the Te-Moak Western Shoshone Council or of any member or members from any community committee, may request that his or her name be withdrawn from a given petition; provided, that the request is made in writing to the Special Election Board and made within five (5) calendar days after official appointment of the said Special Election Board, whose determination shall be final.

(c) Original Petition. The petition submitted must be the original petition and not merely a copy.

(d) Purpose of Petition. Each separate sheet of the petition shall state fully and in substantially identical terms the purpose of the petition.

7. When it has been fully determined that a valid petition for the recall of any member or members of the Te-Moak Western Shoshone Council or any member or members of any community committee exists, the Chief of the Te-Moak Western Shoshone Council shall call a special Tribal Council meeting prior to the scheduling of a recall election to fully inform the tribal membership of the issues involved in the election on the recall petition. Such tribal meeting shall be held within 15 calendar days following the declaration by the Special Election Board that the petition is valid or following the final decision of the court if an appeal is made. A notice of such meeting, indicating its time and place shall be posted at least 10 calendar days prior to the date of the meeting.
8. Within 10 calendar days after the special Tribal Council meeting, the Te-Moak Western Shoshone Council shall call an election on any valid recall petition.
9. The election on a recall petition shall be conducted under the same procedures for other tribal elections as prescribed under Article V, Section 3, of the Te-Moak Tribal Constitution and By-laws, this Ordinance, and rules and regulations of the Special Election Board and/or the Te-Moak Western Shoshone Council.
10. In the event the election involves the recall petitions for more than one (1) member of the Te-Moak Western Shoshone Council or more than one (1) member of any single community committee, a separate ballot shall be prepared for each council person and/or community committee person named on a given petition(s).
11. In the event a petition to recall a member or members of the Te-Moak Western Shoshone Council is determined to be a valid petition and a special recall election is called by the Te-Moak Council, all members of the Te-Moak Bands of Western Shoshone Indians of Nevada who are at least 21 years of age or older, and who have maintained a legal residence for at least one year within the territory of the Tribe, shall be entitled to vote in the recall election.
12. A simple majority of the votes cast at the election on a recall petition for each member or members shall determine whether or not the member or members has been recalled.
13. In the event any recall petition is not approved by the majority of the votes cast at the special election, the recall will be deemed to have failed and the member or members shall continue to serve as a member of the Te-Moak Western Shoshone Council and/or as a member of one of the community committees, as the case may be.
14. In the event any recall petition is approved by the majority of the votes cast at a special election, the Te-Moak Western Shoshone Council shall designate a time and place to hold a meeting for appointment of a new member to fill the seat(s) of the recalled member(s) as provided for in Sections 1 and 3, Article VI, of the Te-Moak Western Shoshone Tribal Constitution and By-laws, this Ordinance, and the rules and regulations of the Special Election Board and/or the Te-Moak Council.
15. Any member or members of the Te-Moak Western Shoshone Council or any member or members of any of the community committees who is recalled at any election on a recall petition shall continue in office until a successor is appointed, certified, and installed in office. Such recalled member or members is eligible to be a candidate to fill his or her seat on the Te-Moak Western Shoshone Council and/or community committee, as the case may be, provided he or she meets the qualifications as prescribed under Sections 3 and 5, Article III, Te-Moak Western Shoshone Tribal Constitution, as amended.

B. Removal of Community Committee Member(s) by Impeachment

1. Any Community Committee member who is charged with improper conduct or gross neglect of duty may be removed from the Community Committee by a two-thirds (2/3) vote of the Community Committee members, provided that no such vote shall be taken until after the member has had notice of the charge against him/her and a fair hearing at which to reply to them. Gross neglect of duty shall include but is not limited to a Community Committee member being absent from three (3) consecutive Committee meetings. No such hearing may be held unless the member has received fifteen (15) calendar days in advance a written notice of the time and place of the hearing and a written statement of the specific acts of improper conduct or gross neglect of duty. Charges may be brought under this section by any member of the Community Committee or by any legal voter of a given community. The Community Committee shall then prepare the written notice of the charge(s) and establish the hearing date.

2. If the Community Committee shall fail or refuse to act within thirty (30) calendar days on a petition for recall or a petition charging improper conduct or gross neglect of duty or failure to attend three (3) consecutive meetings, the petitioners may bring the matter to the Te-Moak Council which shall act in place of the Community Committee.

3. In the event a Community Committee member is removed from office through impeachment of this Ordinance, the vacancy created thereby shall be filled pursuant to the provisions of Article VI, Section 1 and 3 of the Te-Moak Tribal Constitution and By-laws

Miscellaneous

1. If any portion of this Ordinance shall be declared void by a court of competent jurisdiction, the remaining portion of this Ordinance shall continue to be fully effective.
2. This Ordinance supersedes all prior ordinances, resolutions, or customs relating to the subjects herein addressed.

3. Challenges to this Ordinance on any grounds shall be made to the Tribal Court or referral court, whose decisions shall be final. If no Tribal Court or referral court exists, then challenges shall be made to the Te-Moak Western Shoshone Council, and the decisions of the Te-Moak Western Shoshone Council shall be final.

4. This Ordinance shall become effective in accordance with the provisions of Section 4, Article VII, of the Te-Moak Western Shoshone Tribal Constitution and By-laws

CERTIFICATION

I, the undersigned, as Chairman of the Te-Moak Western Shoshone Council, do hereby certify that the Te-Moak Western Shoshone Council is composed of 5 members, of whom 4 constituting a quorum were present at a duly held meeting on the 4th day of December, 1981, and that the foregoing Ordinance was duly adopted and approved at such meeting by the affirmative vote of 3 FOR, 0 AGAINST, 0 ABSTAIN, pursuant to the authority contained under Article VI, Section 1, 2, and 3; and Article VII, Section 1 (f) of the Te-Moak Western Shoshone Tribal Constitution and By-laws, approved August 24, 1938.

	/s/ CHARLES MALOTTE, Chairman Te-Moak Western Shoshone Council
APPROVED: /s/ Superintendent, Eastern Nevada Agency	12/10/81 Date

ORDINANCE OF THE TE-MOAK BANDS OF WESTERN SHOSHONE INDIANS OF NEVADA

ORDINANCE NO. 81-TM-ORD-02

RECALL & IMPEACHMENT ORDINANCE

NOW, THEREFORE, be it enacted by the Te-Moak Western Shoshone Council, pursuant to the authority contained under Article V, Section 3; Article VI, Sections 1, 2, and 3; and Article VII, Section 1 (f), of the Constitution and By-laws of the Te-Moak Bands of Western Shoshone Indians of Nevada, the following recall/impeachment ordinance is herewith duly adopted and approved and shall provide the necessary guidelines for recall and impeachment from the Te-Moak Western Shoshone Council, the South Fork Community Committee, the Elko Community Committee, the Battle Mountain Community Committee, and any additional community committee of any of the Te-Moak Bands.

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