§ 2-104. Removal from office.
A. The Commissioners may be removed from office prior to the end of any term in accordance with Article XII of the Osage Nation Constitution for one or more of the following causes:
1. Dishonesty, gross misconduct, or incompetence in office;
2. Conviction of a felony or any crime involving dishonesty under federal, state, or Nation law;
3. Directly or indirectly engaging in activities or transactions constituting a conflict of interest under the laws of the Osage Nation or any other applicable laws, rules, or regulations;
4. Being employed by the Osage Nation or by any other board or authority of the Osage Nation.
B. A petition for removal hereunder may only be filed by the Principal Chief or by a majority vote of the Osage Nation Congress.
C. The Commissioner accused of any of the foregoing causes shall be given a copy of the petition charging him or her and afforded the right to respond to the charges and present witnesses and other evidence in his or her defense at a hearing convened by the Congress. The petition shall state the cause or causes for removal with sufficient particularity to put the Commissioner on notice of the nature of the charges against him or her. Both the petitioner and Commissioner so accused shall have the right to be represented by an attorney at the hearing; provided, that the Commissioner shall be responsible for paying his or her own attorney fees and other expenses in defending the petition. The Congress shall preside over the removal hearing and receive the evidence. Removal of the Commissioner shall require a majority vote of the Congress. The decision of the Congress shall be final and binding on the Osage Nation and the Commissioner, and shall not be subject to judicial review. ONCA 07-09, eff. Dec. 8, 2006; ONCA 10-73, eff. Oct. 5, 2010.