CMP.2.3.090 Removal of Regulatory Agent / Vacancy

(a) Removal. An Agent may be removed by the Governing Board for the any following reasons: serious inefficiency; neglect of duty; malfeasance, misfeasance, nonfeasance; misconduct in office; for any of the reasons listed in Section CMP.2.3.060(e)(3); or, for any conduct which threatens the honesty and integrity of the Tribe, its financial services, the Authority, or violates the letter or intent of this Code.

(b) Removal Procedures.

(1) Before removal, an Agent shall be granted a hearing before the Governing Board and be given a written notice of the specific charges against him or her at least ten (10) Business Days prior to such hearing.

(2) Any basis for removal must be substantiated by a preponderance of the evidence.

(3) An Agent subject to removal will be given an opportunity to provide evidence rebutting the grounds for their proposed removal before the removal is considered.

(4) A decision of the Governing Board to remove an Agent is final and not appealable.

(c) Vacancy. If an Agent shall die, resign, be removed or for any reason be unable to serve as an Agent, the Governing Board shall declare his or her position vacant and shall appoint another qualified Tribal member to fill the position within thirty (30) days of the vacancy. The term of office of the Person appointed to fill the vacancy shall be for the balance of the unexpired term for the position.