Return to Main Table of Contents Return to Sections 10-19 Table of Content 12-008 Revised 07-31-16 SUSPENSION AND REMOVAL - Board of Trustees (POLICY) Any elected member may be removed or recalled as provided for in the charter thereof approved by Ordinance 71-01 of the Oglala Sioux Tribal Council, as amended. Removal and recall of a board member must be through due process as provided for in this section. Upon a recall petition or receipt of a complaint for the removal of a board member by the Board President, the Board of Trustees by majority vote shall set a hearing for the removal or recall election of a board member. If the Board member who is the subject of the recall or removal hearing is present at the board meeting when a decision is made for the hearing, board action will be sufficient for notice under due process. A follow-up notice of the recall/removal hearing will be sent to the board member who is the subject of the removal/recall hearing. If a Board member who is the subject of the recall or removal hearing is not present at the board meeting when a decision is made for the hearing, written notice of the hearing shall be sent to the board member within seven calendar days of the board action through either certified return receipt mail or hand delivery. The hearing shall be held no later than 21 calendar days after the vote for the removal or recall hearing. Upon the satisfaction that 33 1/3% of the eligible electors are contained on a recall petition for an elected member and cause has been established for the recall of an elected board member, a simple majority vote of the Board of Trustees present for the recall hearing is necessary for setting the recall election of a board member. Removal of a board member requires a two-thirds vote of the members present for the removal vote.
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