SECTION 1. Any member of the Tribal Council may be removed from office for just cause by a three fourths (3/4) majority vote of the entire membership of the Tribal Council.

(a) Just cause for removal shall include;

(1) Convicted of a felony or other infamous conduct involving fraud or moral turpitude, including, but not limited to, embezzlement, bribery, or perjury,

(2) For deliberate injury, conspiracy to cause injury, or attempted injury to the Tribe,

(3) For failure of the tribal officer to substantially perform the duties of their office when such failure continues for sixty (60) days or more following the officer’s receipt of written notice of such failure to perform such notice to include the specific nature of the failure and the means by which it can be remedied,

(4) By reason of the officer willfully engaging in gross misconduct which is materially and demonstrably injurious to the Tribe, or

(5) By reason of the officer’s willful breach of duty to the Tribe in any material respect.

(b) The Process shall be conducted in the following manner:

(1) All charges shall be presented in writing to the Tribal Council and shall include all pertinent details.

(2) The accused shall be given the right to confront the accuser at a tribal council meeting.

(3) Each side may bring such witnesses as it finds necessary.

(4) The accused shall be given at least twenty (20) days to prepare his/her defense.

(5) Public Meeting open to Tribal members

(6) Appeal to the General Council

SECTION 2. The General Council can also remove a tribal council member or other elected official from his/her position by an enrolled voting member filing a petition with the secretary of the Tribal Council citing just cause the grounds for recall consistent with Section 1(a) of this Article. Copies of the petition and any pertinent details shall be forwarded by the secretary to the Tribal Council and the accused within seven (7) days after the petition is filed with the secretary. The recall petitioner shall gather signatures on a Tribal Council approved recall petition form.

Obtaining valid signatures from voting members shall not commence until seven (7) days after the date the petition is submitted to the secretary. The petitioner shall file all petition signatures obtained during the circulation process with the secretary no later than sixty (60) days from the date the secretary issues the petition forms. The petition must contain the signatures of seven percent (7%) of enrolled tribal voters asking for the removal of said official. Upon receipt of a valid petition, the Tribal Council shall hold within forty-five (45) days a special meeting of the general membership to consider such removal. Notice of the petition and meeting must be mailed to the tribal membership. The accused shall have an opportunity to answer to charges contained in the petition at least fifteen (15) days prior to such meeting. If the accused’s answers are provided to the secretary at least fifteen (15) days prior to such meeting, they shall be mailed to the Tribal membership by the Tribe. A two thirds (2/3) majority vote of the enrolled votes present at such meeting shall decide whether such person is to be removed. The quorum for such meeting shall constitute no less than twelve percent (12%) of enrolled Tribal voters.

SECTION 3. If a member of the Tribal Council or other elected official shall die, resign, or be removed from his/her position, the Cowlitz Tribal Council shall elect another person to that vacant position for the remainder of the term; and the if the general council vice-chair moves up to fill a vacancy in the chair position, the vacancy created is to be filled by Tribal Council election.