Untitled Document

HOLDING OF OFFICE

(1) All Councillors shall hold office for the term stated in the preceding paragraph unless:

(a) they die;

(b) they resign after resignations have been tendered in writing and accepted by the Band Council;

(c) they are absent without leave from three (3) consecutive Council meetings or absent without leave from any (3) Council meetings in any month.

Removal of Councillors

(1) Any Councillor may be removed from office prior to expiration of the Councillor’s term as follows:

(a) by a special resolution of the Council; or

(b) the person is found guilty of an indictable offence; or

(2) If the Councillor is removed, the Councillor shall be ineligible to

hold any position in Council or in Band administration for a minimum

of ten (10) years from the date of such removal.

VACANCY OF OFFICE

The Office of Chief or Councilor becomes vacant when a person who holds that Office:

dies;
resigns in writing from their Office;
is convicted of a criminal offence;
is guilty of a corrupt practice, bribery, accepting a bribe, dishonesty or malfeasance, in connection with an election;
ceases to qualify as a candidate by virtue of the candidacy criteria in Part 4 of this Code;
fails to attend any three (3) Regular Meetings of Chief and Council in one month without being reasonably excused from attendance by a quorum of the Snaw’naw’as First Nation Council;
is otherwise unable to fulfill the terms of office.

The Snaw’naw’as First Nation Council must pass a resolution by a two-thirds (2/3) majority vote to declare an Office vacant pursuant to subsections 6.1(f) and 6.1(g) of this Code.

Where the Office of Chief or Councilor becomes vacant more than six (6) months before the date when another election would ordinarily be held, a Special Election shall be held in accordance with these procedures to fill that vacancy or vacancies.

Any person elected to Office through a Special Election, shall only hold office for the remainder of the term of the vacant office being filled.