Referendum Question to be Considered for the Vote
Amendment 3: Add a new Section 3 – Suspension to ARTICLE VII, as shown in the Ballot Detail, and remember the current Section 3 – Removal, to be Section 4 – Removal. This requires a Council member to be suspended when charged with a crime that would be cause for removal.
Amendment 3 – add a new section to the Constitution to allow suspension under certain circumstances.
NEW PROVISION:
Section 3: Suspension-
A Pawnee Business Council Member shall be suspended from the
Business Council without compensation when:
charged with a criminal offense, and
that offense would be cause for removal as defined in Section 4.i.v.(a), and
the charging jurisdiction guarantees similar civil rights and due process as is guaranteed within the Pawnee Nation.
The suspension shall be effective from the date of filing of the charges
until dismissed.
It is the duty of the defendant Business Council Member to timely
notify the Business Council and the Attorney General of the charges.
A suspended Business Council Member is excused from attending
meetings and any other official duty during the suspension.
Any vote cast or other official action taken after such charges have been filed shall be valid, but taking such official action while under suspension shall constitute the crime of unofficial misconduct.
The Business Council may by majority vote, with the subject member abstaining, lift the suspension if it finds that the requirements of paragraph (i) are not met.
The suspended Business Council Member may bring a declaratory judgment action in Pawnee Nation Tribal Court to challenge the application of this Section.
If the charges are dismissed because the defendant is found innocent, the suspension is automatically removed and all withheld compensation shall be paid without interest.
Reminder: You will be given an option to vote either yes or no to all five (5) Constitutional Amendments or you may vote on each amendment individually.
Absentee ballots will only be accepted if received by noon on June14, 2008, the day of the election.
You must contact the enrollment office at 918-762-3621 to ensure that they have correct contact information and date of birth to make the voting process easier for everyone.
Please continue to check this website to receive any important updates on the referendum.
The Governing Documents Committee members consist of:
Duane Pratt, Marshall Gover, Elizabeth Blackowl, William Howell, Pat Leadingfox.
The Governing Documents Committee worked/consulted with the Pawnee Nation Attorney General-John Parris and ANA-SEDS staff– Amy Watters, Taurean Taylor, Olivia Gray. |