1.03.160 Appeal Panel

(a) Appeal Panel Appointment:

(1) Appeal Panel Composition: The Tribal Council shall appoint with a Tribal Council Resolution five (5) members to an Appeal Panel whose mandate is to review appeals made pursuant to this chapter. The Appeal Panel is not considered part of the Election Board and is a standalone decision-making body.

(2) Appeal Panel Term: The term of appointment for the Appeal Panel members shall be staggered five (5)-year terms, with initial appointments made according to a staggered schedule.

(b) Appeal Panel Qualifications:

(1) To serve on the Appeal Panel, members must be Tribally enrolled, must pass a drug test, and meet the criminal background requirements for Candidates, as defined in this chapter.

(1) Upon accepting an appointment, each Appeal Panel member shall take and sign an oath that shall become part of the Appeal Panel's records stating that they will serve according to the best of their ability and shall make every effort to undertake review of the Election Board's decisions and to faithfully execute this chapter.

(2) The Appeal Panel members must sign and abide by the Saint Regis Mohawk Tribal Boards, Commissions, & Committees Code of Conduct. Failure to do so may result in removal from the Panel by Tribal Council. Breach of the Saint Regis Mohawk Tribal Boards, Commissions, & Committees Code of Conduct shall result in removal from the Appeal Panel by Tribal Council upon the Appeal Panel's recommendation.

(3) The Appeal Panel shall adopt by-laws, regulations, and procedures consistent with this chapter, as necessary, and shall be responsible for performing their duties in accordance with this chapter, their by-laws, policies, and procedures, including carrying out all aspects of reviewing appeals.

(4) The Appeal Panel shall have the power to review submitted appeals free from any outside influence and shall do so in accordance with this chapter.

(5) The Appeal Panel shall convene prior to any Annual Election, Special Election, or Referenda to:

(A) Select a Chair who will be responsible for managing any appeals that may be filed; and

(B) Review and adopt hearing procedures that will be made publicly available for the duration of the Annual Election, Special Election, or Referenda.

(6) In the event an appeal is filed the Chair shall work with the Appeal Panel members to identify any conflicts and select two (2) additional members to hear the appeal.

(7) The Chair shall act as the primary spokesperson for the Appeal Panel throughout the appeal process.

(8) The Appeal Panel shall hear the following appeals under this chapter, including:

(A) Decisions regarding the determination of Candidate eligibility, including determinations regarding a Candidate's residency; and

(B) Requests to overturn Election and Referendum results, which will only be considered under the following circumstances:

(i) That a person declared elected was not qualified to be a Candidate;

(ii) That there was a violation of this chapter in the conduct of the Referendum or Election that may have changed the result; and

(iii) That there was corrupt or fraudulent practice in relation to the Ordinance, on the part of elected officials, Election Board members, or Candidates.

(9) Appeal Panel decisions are final and are not subject to appeal to the Tribal Court.

(10) Complaints of minor procedural violations or error may be addressed, in writing, by the Appeal Panel, but shall not be the basis for either a hearing or overturning an Election or Referendum result.

(11) Prior to the Annual Election, or for any Special Election, Recall Election or Referenda, the Appeal Panel members must declare any actual conflicts of interest or any perceived conflicts of interest.