Referendum Question to be Considered for the Vote

Amendment 4: Replace existing Section 3 – Removal, with new Removal Section to be numbered Section 4, as shown in the Ballot Detail. This replaces the process involving the Nasharo Council with a detailed process that protects the civil rights of Council Members in Pawnee Nation Courts.

Current Section 3: Removal of Pawnee Business Council Members – The Nasharo Council shall investigate complaints of misconduct in office of members of the Pawnee Business Council and upon proper showing shall call a joint meeting of the Pawnee Business Council and the Nasharo Council to act upon such complaints. Such joint Council shall have the power, by a majority vote, after giving the accused a hearing, to remove the accused from office; provided, a quorum from each of the Councils is present.

Replacement:
Section 4 – Removal of Pawnee Business Council Members

Removal for Cause- Pawnee Business Council members may be removed for cause by petition filed in Pawnee Nation District Court with right of appeals to the Pawnee Nation Supreme Court.

A petition may be filed only;

• by the Attorney General, or
• by Resolution of the Pawnee Business Council, or
• by any individual or individuals who deposits $10,000 in cash or bond with the court clerk.

Conviction is defined as a final conviction or a plea of no contest or guilty,
whether or not dismissed, pardoned, or expunged, and irrespective of whether it is denominated a felony, misdemeanor, or otherwise.

Cause is defined as:

(a) conviction of any of the following offenses in any legitimate governmental jurisdiction:

A. Fraud

1. Making false representation
2. Knowledge of such false representation by the perpetrator
3. Reliance on the false representation by the person defrauded
4. An intent to defraud
5. The actual act of committing fraud
6. Passing bad checks
7. Knowingly possessing stolen property

B. Evil Intent

1. Arson
2. Blackmail
3. Embezzlement
4. Extortion
5. False pretenses
6. Forgery
7. Fraud
8. Larceny (grand or petty)

C. Crimes against property

1. Malicious destruction of property
2. Receiving stolen goods (with guilty knowledge)
3. Robbery
4. Theft (when it involves the intention of permanent taking)
5. Transporting stolen property (with guilty knowledge)

D. Crimes against Governmental authority

1. Bribery
2. Counterfeiting
3. Fraud against revenue or other governmental functions
4. Mail fraud
5. Perjury
6. Harboring a fugitive from justice (with guilty knowledge)
7. Tax evasion (willful)
8. Carry a concealed weapon
9. Desertion from the Armed Forces
10. Dishonorable Discharge from the Armed Services
11. Failure to report for military induction
12. Drunk driving
13. Habitual drunkenness
14. Escape from prison
15. Gambling violations
16. Controlled Dangerous Substances violations
17. Liquor violations
18. Vagrancy

E. Crimes committed against person, family relationship and sexual morality

1. Abandonment of a minor child ( if willful and resulting in the destitution of the child)
2. Assault
   a. Assault with intent to kill, commit rape, commit
   robbery or commit serious bodily harm
   b. Assault with a dangerous or deadly weapon
3. Contributing to the delinquency of a minor
4. Gross indecency
5. Incest
6. Kidnapping
7. Lewdness
8. Manslaughter
   a. Voluntary
   b. Involuntary, where the statute requires proof of recklessness
9. Mayhem
10. Murder
11. Pandering
12. Prostitution
13. Rape (including “Statutory rape”)
14. Sodomy
15. Libel/Slander
16. Mailing an obscene letter

F. Crimes attempting, aiding, and abetting, accessories and conspiracy

• An attempt to commit a crime listed in this Section
• Aiding and abetting in the commission of a crime listed in this Section,
• Being an accessory (before or after the fact) in the commission of a crime listed in this Section,
• Taking part in conspiracy (or attempting to take part in a conspiracy) to commit a crime listed in this Section.

(b) Willful neglect or refusal to fulfill statutory duties.

(c) Intentional conduct reflecting very negatively on the dignity and integrity of the tribal government.

Court Review

• The District Court shall review the removal petition in a new trial. The judge must hold an initial hearing within 30 days and resolve the case within 90 days. The petitioner must prove the facts by clear and convincing evidence. Any party to the case shall have a right to appeal.
• The defending Council member may be represented by Counsel. If the Court denies the petition then the defending Council member shall be awarded costs and attorney fees not to exceed $10,000.00.
• If the petition was filed by Business Council or the Attorney General the cost of attorney fees shall be paid from their deposit. An exonerated Council member charged under paragraph (iv)(b) or (iv)(c) of this Section shall not be charged again under such paragraph until more than twelve months have passed since the previous petition was filed.
• If a petition filed by individual(s) is successful then their $10,000 deposit shall be refunded. If the attorney fees of a winning defendant are less than $10,000 then the balance shall be refunded.

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.