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Coushatta Tribe of Louisiana Judicial Codes

Approved: 1998; Last amended: 2004

RESOLUTION No. 99 - 51


Re: Amendment to Article II, Section 2, Paragraphs c., d. and e. of Ordinance No 1: "An Ordinance to Establish Election Rules and Procedures of the Coushatta Tribe of Louisiana also known as the "Election Ordinance"

WHEREAS, the Coushatta Tribe of Louisiana is a sovereign Indian nation and recognized as such by The United States of America, and

WHEREAS, the Coushatta Tribal Council is the duly elected governing body of the Coushatta Tribe of Louisiana, and

WHEREAS, an inherent part of sovereignty is the ability for effective self-governance, including stability in tribal leadership,

NOW THEREFORE BE IT RESOLVED that Article II, Section 2, Paragraphs c, d and e of Ordinance No 1: An Ordinance to Establish Election Rules and Procedures of the Coushatta Tribe of Louisiana, also known as the "Election Ordinance" are amended, as follows:

"c. Any petition for a recall of a duly elected member of the Tribal Council shall be presented to the Coushatta Tribal Council, signed by a minimum of 35% of the voting membership of the tribe who are duly registered to vote in accordance with Section 2, Article IV of the "Election Ordinance", and supported by proof sufficient to establish fraud, malfeasance, gross neglect of duty, or other misconduct reflecting adversely on the dignity and integrity of the tribe.

d. Upon receipt of a petition for recall by the Tribal Council, the Coushatta Election Committee shall certify the validity of the petition signatures and shall forward tile petition for recall, with all supporting attachments, and the certification of the Election Committee, to the Coushatta Tribal Court for determination of the issues of misconduct raised in the petition. The petitioners must attach the appropriate filing fee required by the Tribal Court

e. Upon determination by the Tribal Court that the burden of proof has been met to establish misconduct sufficient to support a recall, the Tribal Council shall authorize and schedule a recall election. Any recall election shall be decided by a vote of at least 40% of the tribal members registered to vote as per the rolls of the tribe."


CERTIFICATION

I, the undersigned Secretary/Treasurer off the Coushatta Tribal Council, certify that the Tribal Council is composed of five members, of whom 5 were present at a meeting held this      5th      day of      October     , 1999, and that the foregoing resolution was duly adopted at such meeting by the affirmative vote of 5 members for, 0 members against, and 0 members abstained.

                            /s/                            
Bertney Langley, Secretary/Treasurer

                            /s/                            
Lovelin Poncho, Chairman

                            /s/                            
Leonard Battise, Member
                            /s/                            
Horace Williams, Vice-Chairman
                            /s/                            
William Worfel, Member
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