ARTICLE IV - RECALL AND REMOVAL OF OFFICERS
Section 1. Officers Subject to Recall or Removal. The Chairman, Vice
Chairman, Secretary, and the Executive Council Members shall be subject to
recall or removal from office as provided in this article and ordinances
implementing this article enacted pursuant to Section 4(b)(2) of Article II of
this constitution.
Section 2. Removal of Officers.
- The Chairman, Vice Chairman, Secretary, and
Executive Council Members shall be removed from office upon a
showing that such person has been absent without proper excuse
from three (3) consecutive meetings of the Executive Council,
has been convicted in any court of competent jurisdiction of any
felony or other crime involving moral turpitude regardless of
any right to appeal, has been adjudicated incompetent by any
court of competent jurisdiction by reason of mental defect,
deficiency, injury, or habitual drunkenness or abuse of any
drugs, has knowingly mismanaged the duties of the office, or
that such person is not eligible to hold office under this
constitution and the laws of the Kaw Nation.
- Upon notice that removal of an official from
office is required, it shall be the duty of the ranking
executive officer not personally involved, or upon the neglect,
failure, or refusal of that official to do so, any two (2)
members of the Executive Council, to file promptly in the courts
of the Kaw Nation a civil complaint for removal which shall
state the facts sufficient to warrant removal from office and
request removal of the officer from office. The Court, sitting
without a jury, shall hear and determine the complaint as in
other civil actions, and enter an appropriate order granting or
denying the removal. The Court shall expedite such actions and
may shorten or waive normal time schedules in such cases. The
parties may appeal as in other civil cases, Provided, That, if
removal has been ordered, the officer may be suspended during
the appeal by the Court upon motion of the adverse party or upon
its own motion, and the duties of his office may be exercised by
a person appointed by the Executive Council for that purpose
until the matter is finally determined.
- Should the Executive Council fail, refuse, or
neglect to file the civil complaint for removal pursuant to
subsection (b) of this section, any ten (10) members of the
General Council may, in any appropriate case, file the complaint
on behalf of the Kaw Nation, Provided, That, in such cases, if
the officer is not ordered removed, and if the Court determines
that there was no probable cause to file the complaint for
removal, the officer shall have a civil action against the
persons filing the complaint for any injuries he has sustained,
including attorney fees.
Section 3. Recall.
- Any member of the Executive Committee may be
recalled from office pursuant to this section upon receipt of a
petition signed by not less than one hundred and twenty five
(125) members of the General Council.
- A petition for recall shall be effective only
if one (1) member of the Executive Council is named for recall
in the petition. A petition may be in one or more parts each
having the name and office of the subject of the petition and a
statement that the document is a petition for the recall of such
person with a general statement of the grounds for such recall
at the front or top of each part. The grounds for recall must
show that the officer has been derelict in his official duties,
abused the authority or power of his office for personal gain,
or would be subject to removal for cause pursuant to Section
2(a) of this article. Each person whose signature is solicited
must be allowed to read the petition with no interruption by the
petitioner. Each signature shall be dated at the time of signing
by the person signing the petition. Any signature not dated, or
more than sixty (60) days old at the time of filing the petition
with the Court, shall be invalid. The person circulating each
part shall, upon oath, certify in writing to the authenticity of
the signatures and dates on each page of the petition.
- The recall petition shall be filed in the
Courts of the Kaw Nation which shall determine the validity of
the petition. The Court may, upon its discretion, set the matter
for a hearing not less than five (5) nor more than twenty (20)
days after service of the petition and notice of hearing upon
the officer who is the subject of the petition. At the hearing,
the Court shall take such evidence as may be necessary to
establish that the requisite number of authentic, valid
signatures are affixed to the petition, and that the greater
weight of the evidence shows that the grounds for recall as
stated in the petition are true. If the petition is not
certified as valid by the Court due to a finding that the
evidence is not sufficient to order an election, and if the
Court determines that there was no probable cause to believe
that the grounds stated in the removal petition were true, then
the officer shall have a civil action against the persons
circulating the petition for any injuries he has sustained,
including attorney fees.
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If the officer who is the subject of the petition offers to
resign, he shall submit a written resignation. The resignation
shall be accepted and a vacancy declared. If there is no
resignation within ten (10) days after the petition is certified
as valid by the court, a special election shall be held within
sixty (60) days thereafter to determine whether such official
shall be recalled. The official shall continue to hold office
until the result of said election shall be officially declared.
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The election committee shall certify the results of the election
to the Court. If a majority of those participating in the recall
election and voting in favor of the recall is at least
two-thirds (2/3) of the number of votes in favor of the official
in the last election, the Court shall order the officer
recalled, and declare the office vacant. Otherwise, the Court
shall dismiss the recall petition. If the Court determines the
special recall election was not held in a substantially proper
manner, the Court may order a new election or dismiss the recall
petition as justice may require.
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An order of the Trial Court ordering or refusing to order a
recall election, ordering a new election, or refusing to order
an officer recalled, may be appealed to the Supreme Court which
appeal may be expedited.
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The official who is the subject of the recall action shall
continue to hold office until the Court finally declares the
office vacant pursuant to the results of the special recall
election. However, if the official who is the subject of the
recall action appeals an adverse ruling, the Court may in its
discretion and upon such terms as may be just, suspend the
individual from office, upon its own motion or that of the
adverse party. The duties of the office may be exercised by a
person appointed by the Executive Council for that purpose until
the matter is finally determined.
Section 4. Government As A Party. The Kaw
Nation shall be considered a party to all court proceedings
under this article, and, upon filing of a complaint or petition
and notice thereof in court, it shall be the duty of the
Executive Council to appoint some person to represent the
interests of the Kaw Nation. This person shall participate in
all court actions, may observe the planning and conduct of any
election hereunder, and shall have the right to call or question
any witness and present argument to the Court for the purpose of
protecting the people’s interest in the fairness of the removal
and recall procedures established by this article. The tribal
attorney shall represent the government representative appointed
by the Executive Council in such actions.
