PRP.5.2.060 Term and Removal

Commissioners shall serve three (3) year terms and shall hold office until their successors have been appointed and have qualified: Provided however, the first LCO Utility Commission appointed shall serve a term of three (3) years. One (l) Commissioner appointed to the first LCO Utility Commission shall serve a term of two (2) years. The remaining Commissioner appointed to the first LCO Utility Commission shall serve a term of one (l) year. If any Commissioner shall die, resign, be removed or, for any reason, be unable to serve as a Commissioner, the Governing Board shall declare his/her position vacant and shall appoint another person to fill the position. Terms of office of all persons appointed to replace the initial Commissioners shall be for the balance of any unexpired term for each such position. Any Commissioner may resign by delivering a written resignation to the Governing Board. Such resignation shall be effective upon receipt, unless otherwise provided by the terms thereof. A Commissioner's resignation or removal under this Section shall also terminate that Commissioner's status, if applicable, as a presiding officer of the Commission. A Commissioner may be removed by formal action of the Tribal Governing Board for neglect of duty, Conflict of Interest, malfeasance in office, unexcused absences of more than three (3) consecutive regular meetings, or other due cause in the Tribal Governing Board's sole discretion. The decision of the Tribal Governing Board regarding any such removal shall be final and not subject to appeal. The Tribal Governing Board shall appoint a Commissioner for all vacancies to the Commission as soon as reasonably possible.