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
| Document Version | Pdf Version |
