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(1) Removal. Any member of the business council who, during the term for which he/she is elected for appointed is convicted of a felony in any federal or state court shall automatically forfeit his/her office effective on the day of his/her initial conviction in court. Any member of the business council found guilty by the business council of behavior involving misconduct reflecting on the dignity and integrity of the tribal government, malfeasance in office, or gross neglect of duty shall be removed from office if at least four members of the business council vote in favor of such removal. Voting must be by secret ballot and the chairperson is entitled to vote.

The accused as a member of the business council shall have the right to cast a secret ballot. Before any vote for removal is taken, such member shall be given a written statement of the charges against him/her at least 10 days before the meeting of the business council.

He/she shall be given the opportunity to answer any and all charges at the designated business council meeting and the accused shall have the right to face his/her accuser.

The decision of the business council shall be final. No member of the business council shall preside over the meeting at which his/her removal is being considered.

(2) Recall. Upon receipt of a petition signed by at least 51 percent of the qualified voters of the tribal council, it shall be the duty of the business council to call and conduct within 30 days, and election to consider recall of an elected official. The election shall be conducted pursuant to this chapter. Once an individual has been subjected to recall proceedings, he/she shall not again be subject to such action during the balance of his/her term of office.

(3) After due notice, it shall be the duty of the business council to immediately declare vacant any position and to promptly fill such vacancy as provided for in Article VII, Section 1 of the Constitution when it is determined that the incumbent:

(a) Has resigned.

(b) Has been convicted while in office of a crime involving dishonesty.

(c) Has been convicted of a felony while in office.

(d) Has falsified his/her qualifications or has omitted information concerning a conviction of a felony or any crime involving dishonesty when being certified as a candidate for tribal office.

(e) Has been absent, without being excused by the respective body, for three consecutive meetings; provided, that the loss of office for such reason shall not serve to deny a person from becoming a candidate for office in subsequent elections.

(f) Has ceased to reside physically in the state of California. [Res. 1-18-86-B Art. XI, 1986.]