Hopi Council affirms power to remove Council representatives

KYKOTSMOVI, Ariz. - Recently, the Hopi Tribal Council affirmed its power to remove council representatives, and members voted to make their position known to the Hopi Appellate Court.

On Dec. 11, the appellate court invited the council, via its attorney, to submit a brief within 15 days outlining its position in a matter concerning whether villages have the authority to remove council representatives.

Council members voted 12-5 to base their response to the court on Article V of the Constitution and By-Laws of the Hopi Tribe, which says in part: "Any officer or representative may be removed from office for serious neglect of duty, by a vote of not less than two-thirds of the council, after the officer to be so removed has been given full opportunity to hear the charges against him and to defend himself before the council."

"The Constitution spells it out," said Council member Don Humetewa.

However, Council member George Mase said he believes the issue is a village matter and that "We, as representatives, should go along with them. There is no need for the council to file a brief ... the general counsel should be in support of the villages."

He added that the directive should come from the village boards to the council representatives.

Council member Dale Sinquah disagreed, saying, "There are some decisions made in government that don't afford such consultations. That's why we're put in there. We have the authority to make decisions on the villages' behalf."

He added, "In Congress, people can't be removed just because they vote the way they want."

The vote came after a closed executive session, during which council members discussed the issue with Rebecca Plevel, deputy general counsel.

In 2007, the Village of Bacavi told the Tribal Council it wanted to withdraw the village's representatives on the council. The council did not act on Bacavi's request, and the representatives remained.

Bacavi then took the matter to the appellate court, which has the authority to answer questions regarding Hopi tribal law, asking it to decide whether villages may remove members from the Tribal Council. The court invited other villages, as well as the council, to respond. A number of other villages joined in Bacavi's position. The council did not have the general counsel prepare a brief for the court because members could not agree on a position.

In April 2008, the appellate court issued an "interim" answer, saying that the villages had standing to ask the question, but found that the Tribal Council has the sole power to remove representatives, according to the Hopi Constitution.

Bacavi disagreed, as did other villages, and filed a response the following month, again saying that villages do have the authority to remove representatives. Both Bacavi and Moenkopi said they wanted to make oral arguments.

The appellate court did not make a final decision on the issue, and again invited the council to file a brief stating its position.

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