I am making an important report to the Tribal Membership:

In the 2008 Election, an error was made that eliminated the ability of either the Fallon Business Council or the Membership to remove a Council Member.

What Happened
Constitutional Amendment D contained Sections 1, 2 and 3 of Article V – Vacancies and Removals. It should have been identified on the Ballot as Sections 1, 5 and 6. Due to that numbering mistake, the Sections that 1) allow the Council to remove a Council member by a vote of six (Section 2), or 2) allow the Membership to recall a Council member (Section 3) will no longer be valid once the Tribe receives approval of the Amendments from the Bureau of Indian Affairs.

Why It Happened
Technically, and per the Constitution, I am responsible in my role as the Tribal Secretary for Elections and the results thereof. However, in the 2008 Election and per Title 14, the Council removed me from responsibility and involvement with the Election since I was running for Secretary. Another Council Member was assigned. Therefore, I did not review the Amendments to ensure proper spelling, placement, numbering, etc.

In the 2006 Election, I reviewed the Amendments and checked where they would fit should the Membership approve them. I found a few technical problems, explained them to the Council and the audience that attended the meeting finalizing the Ballot, and they were corrected. But that didn’t happen in the 2008 Election.

What Next
The Constitution now needs to be corrected. The Council has discussed amending the Constitution and Bylaws to bring back those Sections, or just redoing the entire document.

The Council will be meeting with Fred Drye, Tribal Operations, BIA Western Nevada Agency on Wednesday, October 28, 2009, at 5:30 PM to discuss the situation and the Tribe’s options. The Tribal Membership is invited to attend the executive meeting; and will be allowed to provide orderly input. Refreshments will be served.

Thank you.

Laura Nihoa, Tribal Secretary
For more information, contact me at: (775) 423-6075 ext. 230; or my cell phone: (775) 427-0907.