1.03.060 Term of Office

(a) Chief and Sub-Chief:

(1) Pursuant to the referendum held on April 24, 2004, Tribal Council members shall be elected to staggered three (3)-year terms.

(b) Tribal Clerk:

(1) The Saint Regis Mohawk Tribal Clerk shall be elected to a 3-year term.

(1) Tribal Council shall retain the authority to appoint Judges/Justice until such time as those positions are initially put for election.

(2) The term of office for all Judges/Justices, once the position is initially put for election, shall be three (3) years.

(3) At this time, only Traffic Court Judges and the Chief Judge of Tribal Court are elected positions.

(d) Vacancies:

(1) The Tribal Council shall inform the Election Board that there exists a vacancy on Council and shall direct the Election Board through a Tribal Council Resolution to include the vacant position among those positions to be filled in the next upcoming Election.

(2) If a current elective position is vacated due to resignation, the official will be required to provide written notice of their intent to resign their office to the Tribal Council.

(3) Vacancies due to resignation, removal, or death shall be filled as follows:

(A) Vacancy of the Tribal Clerk's position:

(i) The term of the vacant position shall be the number of years remaining on the Tribal Clerk's term; and

(ii) Tribal Council may appoint an individual who would otherwise meet the qualifications, to the position until the next Annual Election.

(B) Vacancy of a Chief's position:

(i) The vacant Chief's position shall be filled by his or her Sub-Chief for the number of years remaining on the Chief's term.

(i) Tribal Council may either leave the position vacant, or may appoint an individual, who would otherwise meet the qualifications, to the position of Sub-Chief until the next Annual Election; and

(ii) The Tribal Council shall direct the Election Board through a Tribal Council Resolution to include the vacant Sub-Chief position among those positions to be filled in the next Annual Election for the number of years remaining on the Sub-Chief's term.

(D) Vacancy of a Tribal Court Judge or Justice:

(i) The Tribal Council may either leave the position vacant, or may appoint an individual temporarily, who meets the qualifications for the position, to the position until such time as the position is put to election, not to exceed three (3) years.

(4) Vacancy of an Incumbent Candidate:

(A) If a current elected official, who has not finished their current term, wishes to be a candidate for a different elected position or wishes to obtain other full- time employment, that official will be required to relinquish the remaining term of their current office unless that official's term has expired.

(B) The official will be required to provide written notice of their intent to resign their office to the Tribal Council one (1) week prior to the Caucus.

(C) The Tribal Council shall confirm the resignation, inform the Election Board that there exists a vacancy in the vacated position and shall direct the Election Board through a Tribal Council Resolution to include the vacant position among those positions to be filled in the next upcoming election.

(D) The term of the vacant position shall be the number of years remaining on the resigned official's term.

(E) The only elective officials exempt from the provisions of this section shall be non-full time Judges/Justice, who shall be permitted to retain their position as Judges/Justices while otherwise employed or seeking employment, so long as such employment does not constitute a conflict of interest with their appointment as a Judge or Justice.