2.4.1.120 Process for Removal of the Governor by the Council

The Governing Agreement, Elections and Voting, Section 4. Removal and Recall states:

The People give the Council power to remove a fellow Council Member or the Governor by at least a four-fifths vote of the entire Council, excluding the Member or Members of the Council subject to removal, after providing due process, including a written list of charges, adequate notice to provide a defense, and an opportunity to provide a defense. No more than two Members of the Council can be subjected to a Removal Process at one time, and any resulting vacancy shall be filled before any subsequent Removal can be conducted.

The Court shall have the limited jurisdiction to reverse a removal based on a denial of due process but shall not have the jurisdiction to review the substance of the removal charges.

The following procedure may be implemented by the Council when a violation of this Code of Ethics and Conduct occurs:

(a) The Council may conduct a preliminary review of the alleged violation of the Code of Ethics by the Governor. The Council may direct the Lieutenant Governor or another Council Representative to informally discuss the alleged violation of the Code of Ethics matter with the Governor and/or present a verbal request to the Governor to resign from office prior to proceeding with the formal removal process.

(b) If the Council determines that adequate reasons exist to bring formal charges against the Governor, the Council may, by a majority vote, initiate the formal removal process. The Lt. Governor shall notify the Governor of any decision by the Council to initiate the formal removal process.

(c) The Governor shall be provided due process prior to any Council vote to remove, including being provided with a written list of charges, an opportunity to be heard and to present evidence and testimony, and at least five days prior notice of the date, time, and location of a scheduled Public Hearing.

(d) The Public Hearing shall provide a Governor accused of a violation of the Code of Ethics with the opportunity to provide a defense to any and all charges.

(e) A decision to remove the Governor from office due to a violation of the Code of Ethics shall be made by at least a four-fifths vote of the entire Council at a regularly scheduled Council meeting. The decision of the Council shall be public with the names and vote of each Council Representative published. The decision of the Council shall be made by Legislative Order and shall be published.