13.13.030 Procedure to Be Employed at Removal Hearing

(a) The Tribal Chairman shall, preside at the removal hearing. If the Tribal Chairman is the individual subject to the removal, then the Vice-Chair shall preside at the removal hearing unless by a majority vote of the council at the beginning of the hearing, another member of the Tribal Council is selected by majority vote to preside at the removal hearing.

(b) The only issue before the Tribal Council at a removal hearing shall be the adoption or rejection of a resolution removing the individual subject to the removal proceedings.

(c) The formal rules of evidence shall not apply at the removal hearing. The presiding officer shall have full discretion as to the receipt of each piece of evidence; provided, however, that any particular ruling of the presiding officer may be overruled by a majority vote of the council.

(d) The individual subject to the removal proceedings, at least three (3) days prior to the removal hearing, shall be provided a written listing of charges.

(e) The individual subject to the removal proceedings may appear at the hearing with or without counsel.

(f) The removal hearing procedure shall consist of the following:

(1) the presiding officer shall call the hearing to order;

(2) the charges shall be read out loud unless waived by the individual subject to the removal proceedings;

(3) the Tribal Council shall receive evidence through witness testimony or through written documents as to each of the charges listed in the charging document; the evidence received at the removal hearing shall be limited to the evidence relating to the charges listed in the charging document; the presiding officer shall have full discretion in declaring any matter outside the scope of the charging document as improper;

(4) any witness who testifies shall be required to take an oath or affirmance to tell the truth;

(5) the Tribal Council may appoint a person to assist in the presentation of evidence;

(6) the Tribal Council and the individual subject to the removal proceedings shall have the right to compel the attendance of witness(es) through the use of subpoena in the same manner and under the same requirements as used for judicial subpoenas;

(7) the Tribal Council shall proceed first in the presentation of evidence relating to the removal, with such evidence being specifically limited to evidence relating to the charges listed in the charging document;

(8) the individual subject to the removal proceedings shall be allowed to object to the receipt of any documentary evidence and shall be provided the right to cross examine any witness called by the Tribal Council;

(9) following the conclusion of the Tribal Council's case in support of removal, the individual subject to the removal proceedings shall be allowed to present documentary evidence and to call witnesses relating to the removal, with such evidence being specifically limited to evidence relating to the charges listed in the charging document;

(10) the Tribal Council shall be allowed to object to the receipt of any documentary evidence presented by the individual subject to removal and shall be provided the right to cross examine any witness called by the individual subject to removal;

(11) following the conclusion of the case presented by the individual subject to the removal, the Tribal Council may offer any rebuttal evidence;

(12) at the conclusion of the evidence, any member of the Tribal Council may present information or testify relating to the charges contained in the charging document;

(13) following any presentation by the Tribal Council itself, the individual subject to removal shall be allowed an opportunity to be heard;

(14) following the presentation of any petitions to the Tribal Council (if any), the presiding officer shall by roll call determine that a quorum exists, and then shall entertain a motion for approving the removal of the individual subject to removal;

(15) following any discussion on the motion, the entire Tribal Council (including the individual subject to the removal) shall by roll call vote, approve or reject the resolution for the removal.

(g) Upon the passage of a resolution removing the individual subject to removal, that individual is immediately removed from office and has no further powers as a member of the Tribal Council or as an officer of the Tribe; if the person being removed is the Tribal Chairman, upon adoption of the removal resolution the Tribal Chairman loses all powers as Tribal Chairman, including the power of veto.