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PPM 12-008 Suspension and Removal BOT (Policy) on www.olc.edu

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                                                                                                   12-008

                                   SUSPENSION AND REMOVAL -  Board of Trustees

     Any board member who comes under a felony indictment shall be immediately suspended as an OLC Board of
     Trustee and this suspension remains in effect until the Board member is acquitted.  During the period of the
     suspension of the Board of Trustee, a temporary appointee shall fill this position under the vacancy
     requirements.  If a Board of Trustee is acquitted, he/she shall present proof of the acquittal to the Board
     President and immediately resume his/her status as a Board of Trustee. The temporary appointee shall be
     notified by the Board President that the temporary appointment has ended with the acquittal of the Board of
     Trustee member.  If he/she is convicted of a felony, he/she shall be immediately and permanently removed by
     the Board President.

     Any elected member may be removed for cause by a majority of the electorate of the districts or village he
     represents either through written petition or recall election.  A recall election is a requirement when 33
     1/3% of the eligible electors of the last General Election are contained on a recall petition for an elected
     member along with a statement of cause.  Upon satisfaction of the 33 1/3 requirement and that the Board of
     Trustees has determined that cause has been shown, a recall election shall be ordered upon a majority vote
     of the Board of Trustees.  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 approval of a
     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.

     Any elected member may also be removed for three unexcused Board meetings by a majority vote of the Board of
     Trustees.  Any elected member may also be removed for the failure or inability to maintain the physical
     residency for the district he/she represents as provided for in the Oglala Sioux Tribal Constitution under
     Article VII - Elections.

     REFERENCE:  OST Ordinance 83-15, OST Ordinance 02-14, By-Laws Revision Approved by the Board of Trustees
                 August 22, 2002

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