Constitution
REVISED
CONSTITUTION AND BYLAWS
OF THE
MINNESOTA CHIPPEWA TRIBE, MINNESOTA
PREAMBLE
We,
the
Minnesota Chippewa Tribe, consisting of the Chippewa Indians of the
White Earth,
Leech Lake, Fond du Lac, Bois Forte (Nett Lake), and Grand Portage
Reservations
and the Nonremoval Mille Lac Band of Chippewa Indians, in order to form
a
representative Chippewa tribal organization, maintain and establish
justice for
our Tribe, and to conserve and develop our tribal resources and common
property;
to promote the general welfare for ourselves and descendants, do
establish and
adopt this constitution for the Chippewa Indians of Minnesota in
accordance with
such privilege granted the Indians by the United States under existing
law.
ARTICLE 1 -
ORGANIZATION
AND PURPOSE
Section 1. The Minnesota Chippewa
Tribe is hereby organized
under Section 16 of the Act of June 18, 1934 (48 Stat. 984), as amended.
Section 2. The name of this tribal
organization shall be the
"Minnesota Chippewa Tribe."
Section 3. The purpose and
function of this organization
shall be to conserve and develop tribal resources and to promote the
conservation and development of individual Indian trust property; to
promote the
general welfare of the members of the Tribe; to preserve and maintain
justice
for its members and otherwise exercise all powers granted and provided
the
Indians, and take advantage of the privileges afforded by the Act of
June 18,
1934 (48 Stat. 984) and acts amendatory thereof or supplemental
thereto, and all
the purposes expressed in the preamble hereof.
Section 4. The Tribe shall
cooperate with the United States
in its program of economic and social development of the Tribe or in
any matters
tending to promote the welfare of the Minnesota Chippewa Tribe of
Indians.
ARTICLE II -
MEMBERSHIP
Section 1. The membership of the
Minnesota Chippewa Tribe
shall consist of the following:
(a)
Basic
Membership Roll. All persons of Minnesota Chippewa Indian blood whose
names
appear on the annuity roll of April 14, 1941, prepared pursuant to the
Treaty
with said Indians as enacted by Congress in the Act of January 14, 1889
(25
Stat. 642) and Acts amendatory thereof, and as corrected by the Tribal
Executive
Committee and ratified by the Tribal Delegates, which roll shall be
known as the
basic membership roll of the Tribe.
(b)
All
children of Minnesota Chippewa Indian blood born between April 14,
1941, the
date of the annuity roll, and July 3, 1961, the date of approval of the
membership ordinance by the Area Director, to a parent or parents,
either or
both of whose names appear on the basic membership roll, provided an
application
for enrollment was filed with the Secretary or the Tribal Delegates by
July 4,
1962, one year after the date of approval of the ordinance by the Area
Director.
(c)
All
children of at least one quarter 1/4 degree Minnesota Chippewa Indian
blood born
after July 3, 1961, to a member, provided that an application for
enrollment was
or is filed with the Secretary of the Tribal Delegates of the Tribal
Executive
Committee within one year after the date of birth of such children.
Section 2. No person born after
July 3, 1961, shall be
eligible for enrollment if enrolled as a member of another tribe, or if
not an
American citizen.
Section 3. Any person of Minnesota
Chippewa Indian blood who
meets the membership requirements
of the Tribe, but who because of an error has not been enrolled, may be
admitted
to membership in the Minnesota Chippewa Tribe by adoption, if such
adoption is
approved by the Tribal Executive Committee, and shall have full
membership
privileges from the date the adoption is approved.
Section 4. Any person who has been
rejected for enrollment
as a member of the Minnesota Chippewa Tribe shall have the right of
appeal
within sixty days from the date of written notice of rejection to the
Secretary
of the Interior from the decision of the Tribal Executive Committee and
the
decision of the Secretary of Interior shall be final.
Section 5. Nothing contained in
this article shall be
construed to deprive any descendant of a Minnesota Chippewa Indian of
the right
to participate in any benefits derived from claims against the U.S.
Government
when awards are made for and on behalf and for the benefit of
descendants of
members of said tribe.
ARTICLE III -
GOVERNING
BODY
The
governing bodies of the Minnesota Chippewa Tribe shall be the Tribal
Executive
Committee and the Reservation Business Committees of the White Earth,
Leech
Lake, Fond du Lac, Bois Forte (Nett Lake), and Grand Portage
Reservations, and
the Nonremoval Mille Lac Band of Chippewa Indians, hereinafter referred
to as
the six (6) Reservations.
Section 1. Tribal Executive
Committee. The Tribal Executive
Committee shall be composed of the Chairman and Secretary-Treasurer of
each of
the six (6) Reservation Business Committees elected in accordance with
Article
IV. The Tribal Executive Committee shall, at its first meeting, select
from
within the group a President, a Vice-President, a Secretary, and a
Treasurer who
shall continue in office for a period of two (2) years or until their
successors
are elected and seated.
Sec. 2. Reservation Business
Committee. Each of the six
(6) Reservations shall elect a Reservation Business Committee composed
of not
more than five (5) members nor less than three (3) members. The
Reservation
Business Committee shall be composed of a Chairman,
Secretary-Treasurer, and one
(1), two (2), or three (3) Committeeman. The candidates shall file for
their
respective offices and shall hold their office during the term for
which they
were elected or until their successors are elected and seated.
ARTICLE IV - TRIBAL
ELECTIONS
Section 1. Right to Vote. All
elections held on the six (6)
Reservations shall be held in accordance with a uniform election
ordinance to be
adopted by the Tribal Executive Committee which shall provide that:
(a)
All
members of the tribe, eighteen (18) years of age or over, shall have
the right
to vote at all elections held within the reservation of their
enrollment. 1/
(b)
All
elections shall provide for absentee ballots and secret ballot voting.
(c)
Each
Reservation Business Committee shall be the sole judge of the
qualifications of
its voters.
(d)
The
precincts, polling places, election boards, time for opening and
closing the
polls, canvassing the vote and all pertinent details shall be clearly
described
in the ordinance.
Sec. 2. Candidates. A candidate
for Chairman,
Secretary-Treasurer and Committeeman must be an enrolled member of the
Tribe and
reside on the reservation of his enrollment. No member of the Tribe
shall be
eligible to hold office, either as a Committeeman of Officer, until he
or she
shall have reached his or her twenty-first (21) birthday on or before
the date
of election. 2/
Sec. 3. Term of Office.
(a)
The
first election of the Reservation Business Committee for the six (6)
Reservations shall be called and held within ninety (90) days after the
date on
which these amendments became effective in accordance with Section 1,
of this
Article.
(b)
For the
purpose of the first election, the Chairman and one (1) Committeeman
shall be
elected for a four-year term. The Secretary-Treasurer and any remaining
Committeemen shall be elected for a two-year term. Thereafter, the term
of
office for Officers and Committeemen shall be four (4) years. For the
purpose of
the first election, the Committeeman receiving the greatest number of
votes
shall be elected for a four-year term.
ARTICLE V -
AUTHORITIES
OF THE TRIBAL EXECUTIVE
COMMITTEE
Section 1. The Tribal Executive
Committee shall, in
accordance with applicable laws or regulations of the Department of the
Interior, have the following powers:
(a)
To
employ legal counsel for the protection and advancement of the rights
of the
Minnesota Chippewa Tribe; the choice of counsel and fixing of fees to
be subject
to the approval of the Secretary of the Interior, or his authorized
representative.
(b)
To
prevent any sale, disposition, lease or encumbrance of tribal lands,
interest in
lands, or other assets including minerals, gas and oil.
(c)
To
advise with the Secretary of the Interior with regard to all
appropriation
estimates or Federal projects for the benefit of the Minnesota Chippewa
Tribe,
except where such appropriation estimates or projects are for the
benefit of
individual Reservations.
(d)
To
administer any funds within the control of the Tribe; to make
expenditures from
tribal funds for salaries, expenses of tribal officials, employment or
other
tribal purposes. The Tribal Executive Committee shall apportion all
funds within
its control to the various Reservations excepting funds necessary to
support the
authorized costs of the Tribal Executive Committee. All expenditures of
tribal
funds, under control of the Tribal Executive Committee, shall be in
accordance
with a budget, duly approved by resolution in legal session, and the
amounts so
expended shall be a matter of public record at all reasonable times.
The Tribal
Executive Committee shall prepare annual budgets, requesting
advancements to the
control of the Tribe of any money deposited to the credit of the Tribe
in the
United States Treasury, subject to the approval of the Secretary of the
Interior
or his authorized representative.
(e)
To
consult, negotiate, contract and conclude agreements on behalf of the
Minnesota
Chippewa Tribe with Federal, State and local governments or private
persons or
organizations on all matters within the powers of the Tribal Executive
Committee, except as provided in the powers of the Reservation Business
Committee.
(f)
Except
for those powers hereinafter granted to the Reservation Business
Committees, the
Tribal Executive Committee shall be authorized to manage, lease,
permit, or
otherwise deal with tribal lands, interests in lands or other tribal
assets; to
engage in any business that will further the economic well being of
members of
the Tribe; to borrow money from the Federal Government or other sources
and to
direct the use of such funds for productive purposes, or to loan the
money thus
borrowed to Business Committees of the Reservations and to pledge or
assign
chattel or income, due or to become due, subject only to the approval
of the
Secretary of the Interior or his authorized representative, when
required by
Federal law or regulations.
(g)
The
Tribal Executive Committee may by ordinance, subject to the review of
the
Secretary of the Interior, levy licenses or fees on non-members or
non-tribal
organizations doing business on two or more Reservations.
(h)
To
recognize any community organizations, associations or committees open
to
members of the several Reservations and to approve such organizations,
subject
to the provision that no such organizations, associations or committees
may
assume any authority granted to the Tribal Executive Committee or to
the
Reservation Business Committees.
(i)
To
delegate to committees, officers, employees or cooperative associations
any of
the foregoing authorities, reserving the right to review any action
taken by
virtue of such delegated authorities.
ARTICLE VI -
AUTHORITIES
OF THE RESERVATION
BUSINESS COMMITTEES
Section 1. Each of the Reservation
Business Committees
shall, in accordance with applicable laws or regulations of the
Department of
Interior, have the following powers:
(a)
To
advise with the Secretary of the Interior with regard to all
appropriation
estimates on Federal projects for the benefit of its Reservation.
(b)
To
administer any funds within the control of the Reservation; to make
expenditures
from Reservation funds for salaries, expenses of Reservation officials,
employment or other Reservation purposes. All expenditures of
Reservations funds
under the control of the Reservation Business Committees shall be in
accordance
with a budget, duly approved by resolution in legal session, and the
amounts so
expended shall be a matter of public record at all reasonable times.
The
Business Committees shall prepare annual budgets requesting
advancements to the
control of the Reservation of tribal funds under the control of the
Tribal
Executive Committee.
(c)
To
consult, negotiate and contract and conclude agreements on behalf of
its
respective Reservation with Federal, State and local governments or
private
persons or organizations on all matters within the power of the
Reservation
Business Committee, provided that no such agreements or contracts shall
directly
affect any other Reservation or the Tribal Executive Committee without
their
consent. The Business Committee shall be authorized to manage, lease,
permit or
otherwise deal with tribal lands, interests in lands or other tribal
assets,
when authorized to do so by the Tribal Executive Committee but no such
authorization shall be necessary in the case of lands or assets owned
exclusively by the Reservation. To engage in any business that will
further the
economic well being of members of the Reservation; to borrow money from
the
Federal Government or other sources and to direct the use of such funds
for
productive purposes or to loan the money thus borrowed to members of
the
Reservation and to pledge or assign Reservation chattel or income due
or to
become due, subject only to the approval of the Secretary of the
Interior or his
authorized representative when required by Federal law and regulations.
The
Reservation Business Committee may also, with the consent of the Tribal
Executive Committee, pledge or assign tribal chattel or income.
(d)
The Reservation Business Committee may by ordinance, subject to the
review of
the Secretary of the Interior, levy licenses or fees on non-members or
non-tribal organizations doing business solely within their respective
Reservations. A Reservation Business Committee may recognize any
community
organization, association or committee open to members of the
Reservation or
located within the Reservation and approve such organization, subject
to the
provision that no such organization, association or committee may
assume any
authority granted to the Reservation Business Committee or to the
Tribal
Executive Committee.
(e)
To
delegate to committees, officers, employees or cooperative associations
any of
the foregoing authorities, reserving the right to review any action
taken by
virtue of such delegated authorities.
(f)
The powers heretofore granted to the bands by the charters issued by
the Tribal
Executive Committee are hereby superceded by this Article and said
charters will
no longer be recognized for any purposes.
ARTICLE VII -
DURATION OF
TRIBAL CONSTITUTION
Section 1. The period of duration
of this tribal
constitution shall be perpetual or until revoked by lawful means as
provided in
the Act of June 18, 1934 (48 Stat. 984), as amended.
ARTICLE VIII -
MAJORITY
VOTE
Section 1. At all elections held
under this constitution,
the majority of eligible voter cast shall rule, unless otherwise
provided by an
Act of Congress.
ARTICLE IX - BONDING
OF
TRIBAL OFFICIALS
Section 1. The Tribal Executive
Committee and the
Reservation Business Committees, respectively, shall require all
persons,
charged by the Tribe or Reservation with responsibility for the custody
of any
of its funds or property, to give bond for the faithful performance of
his
official duties. Such bond shall be furnished by a responsible bonding
company
and shall be acceptable to the beneficiary thereof and the Secretary of
the
Interior or his authorized representative, and the cost thereof shall
be paid by
the beneficiary.
ARTICLE X - VACANCIES
AND
REMOVAL
Section 1. Any vacancy in the
Tribal Executive Committee
shall be filled by the Indians from the Reservation on which the
vacancy occurs
by election under rules prescribed by the Tribal Executive Committee.
During the
interim, the Reservation Business Committee shall be empowered to
select a
temporary Tribal Executive Committee member to represent the
Reservation until
such time as the election herein provided for has been held and the
successful
candidate elected and seated.
Section. 2. The Reservation
Business Committee by a
two-thirds (2/3) vote of its members shall remove any officer or member
of the
Committee for the following causes:
(a)
Malfeasance in the handling of tribal affairs.
(b)
Dereliction or neglect of duty.
(c)
Unexcused failure to attend two regular meetings in succession.
(d)
Conviction of a felony in any county, State or Federal court while
serving on
the Reservation Business Committee.
(e)
Refusal
to comply with any provisions of the Constitution and Bylaws of the
Tribe.
The
removal
shall be in accordance with the procedures set forth in Section 3 of
this
Article.
Section 3. Any member of the
Reservation from which the
Reservation Business Committee member is elected may prefer charges by
written
notice supported by the signatures of no less than 20 percent of the
resident
eligible voters of said Reservation, stating any of the causes for
removal set
forth in Section 2 of this Article, against any member or members of
the
respective Reservation Business Committee. The notice must be submitted
to the
Business Committee. The Reservation Business Committee shall consider
such
notice and take the following action:
(a)
The Reservation Business Committee within fifteen (15) days after
receipt of the
notice or charges shall in writing notify the accused of the charges
brought
against him and set a date for a hearing. If the Reservation Business
Committee
deems the accused has failed to answer charges to its satisfaction or
fails to
appear at the appointed time, the Reservation Business Committee may
remove as
provided in Section 2 or it may schedule a recall election which shall
be held
within thirty (30) days after the date set for the hearing. In either
event, the
action of the Reservation Business Committee or the outcome of the
recall
election shall be final.
(b)
All such hearings of the Reservation Business Committee shall be held
in
accordance with the provisions of this Article and shall be open to the
members
of the Reservation. Notices of such hearings shall be duly posted at
least five
(5) days prior to the hearing.
(c)
The accused shall be given opportunity to call witnesses and present
evidence in
his behalf.
Section 4. When the Tribal
Executive Committee finds any of
its members guilty of any of the causes for removal from office as
listed in
Section 2 of this Article, it shall in writing censor the Tribal
Executive
Committee member. The Tribal Executive Committee shall present its
written
censure to the Reservation Business Committee from which the Tribal
Executive
Committee member is elected. The Reservation Business Committee shall
thereupon
consider such censure in the manner prescribed in Section 3 of this
Article.
Section 5. In the event the
Reservation Business Committee
fails to act as provided in Sections 3 and 4 of this Article, the
Reservation
membership may, by petition supported by the signatures of no less than
20
percent of the eligible resident voters, appeal to the Secretary of the
Interior. If the Secretary deems the charges substantial, he shall call
an
election for the purpose of placing the matter before the Reservation
electorate
for their final decision.
ARTICLE XI -
RATIFICATION
Section 1. This constitution and
the bylaws shall not become
operative until ratified at a special election by a majority vote of
the adult
members of the Minnesota Chippewa Tribe, voting at a special election
called by
the Secretary of the Interior, provided that at least 30 percent of
those
entitled to vote shall vote, and until it has been approved by the
Secretary of
the Interior.
ARTICLE XII -
AMENDMENT
Section 1. This constitution may
be revoked by Act of
Congress or amended or revoked by a majority vote of the qualified
voters of the
Tribe voting at an election called for that purpose by the Secretary of
the
Interior if at least 30 percent of those entitled to vote shall vote.
No
amendment shall be effective until approved by the Secretary of the
Interior. It
shall be the duty of the Secretary to call an election when requested
by
two-thirds of the Tribal Executive Committee.
ARTICLE XIII - RIGHTS
OF
MEMBERS
All
members
of the Minnesota Chippewa Tribe shall be accorded by the governing body
equal
rights, equal protection, and equal opportunities to participate in the
economic
resources and activities of the Tribe, and no member shall be denied
any of the
constitutional rights or guarantees enjoyed by other citizens of the
United
States, including but not limited to freedom of religion and
conscience, freedom
of speech, the right to orderly association or assembly, the right to
petition
for action or the redress of grievances, and due process of law.
ARTICLE XIV -
REFERENDUM
Section 1. The Tribal Executive
Committee, upon receipt of a
petition signed by 20 percent of the resident voters of the Minnesota
Chippewa
Tribe, or by an affirmative vote of eight (8) members of the Tribal
Executive
Committee, shall submit any enacted or proposed resolution or ordinance
of the
Tribal Executive Committee to a referendum of the eligible voters of
the
Minnesota Chippewa Tribe. The majority of the votes cast in such
referendum
shall be conclusive and binding on the Tribal Executive Committee. The
Tribal
Executive Committee shall call such referendum and prescribe the manner
of
conducting the vote.
Section 2. The Reservation
Business Committee, upon receipt
of a petition signed by 20 percent of the resident voters of the
Reservation, or
by an affirmative vote of a majority of the members of the Reservation
Business
Committee, shall submit any enacted or proposed resolution or ordinance
of the
Reservation Business Committee to a referendum of the eligible voters
of the
Reservation. The majority of the votes cast in such referendum shall be
conclusive and binding on the Reservation Business Committee. The
Reservation
Business Committee shall call such referendum and prescribe the manner
of
conducting the vote.
ARTICLE XV - MANNER
OF
REVIEW
Section 1. Any resolution or
ordinance enacted by the Tribal
Executive Committee, which by the terms of this Constitution and Bylaws
is
subject to review by the Secretary of the Interior, or his authorized
representative, shall be presented to the Superintendent or officer in
charge of
the Reservation who shall within ten (10) days after its receipt by him
approve
or disapprove the resolution or ordinance.
If
the
Superintendent or officer in charge shall approve any ordinance or
resolution it
shall thereupon become effective, but the Superintendent or officer in
charge
shall transmit a copy of the same, bearing his endorsement, to the
Secretary of
the Interior, who may within ninety (90) days from the date of
approval, rescind
the ordinance or resolution for any cause by notifying the Tribal
Executive
Committee.
If
the
Superintendent or officer in charge shall refuse to approve any
resolution or
ordinance subject to review within ten (10) days after its receipt by
him he
shall advise the Tribal Executive Committee of his reasons therefor in
writing.
If these reasons are deemed by the Tribal Executive Committee to be
insufficient, it may, by a majority vote, refer the ordinance or
resolution to
the Secretary of the Interior, who may, within ninety (90) days from
the date of
its referral, approve or reject the same in writing, whereupon the said
ordinance or resolution shall be in effect or rejected accordingly.
Section 2. Any resolution or
ordinance enacted by the
Reservation Business Committee, which by the terms of this Constitution
and
Bylaws is subject to review by the Secretary of the Interior or his
authorized
representative, shall be governed by the procedures set forth in
Section 1 of
this Article.
Section 3. Any resolution or
ordinance enacted by the
Reservation Business Committee, which by the terms of this Constitution
and
Bylaws is subject to approval by the Tribal Executive Committee, shall
within
ten (10) days of its enactment be presented to the Tribal Executive
Committee.
The Tribal Executive Committee shall at its next regular or special
meeting,
approve or disapprove such resolution or ordinance.
Upon
approval or disapproval by the Tribal Executive Committee of any
resolution or
ordinance submitted by a Reservation Business Committee, it shall
advise the
Reservation Business Committee within ten (10 ) days, in writing, of
the action
taken. In the event of disapproval the Tribal Executive Committee shall
advise
the Reservation Business Committee, at that time, of its reasons
therefore.
BYLAWS
ARTICLE I - DUTIES OF
THE
OFFICERS OF THE TRIBAL
EXECUTIVE COMMITTEE
Section 1. The President of the
Tribal Executive Committee
shall:
(a)
Preside at all regular and special meetings of the Tribal Executive
Committee
and at any meeting of the Minnesota Chippewa Tribe in general council.
(b)
Assume responsibility for the implementation of all resolutions and
ordinances
of the Tribal Executive Committee.
(c)
Sign, with the Secretary of the Tribal Executive Committee, on behalf
of the
Tribe all official papers when authorized to do so.
(d)
Assume general supervision of all officers, employees and committees of
the
Tribal Executive Committee and, as delegated, take direct
responsibility for the
satisfactory performance of such officers, employees and committees.
(e)
Prepare a report of negotiations, important communications and other
activities
of the Tribal Executive Committee and shall make this report at each
regular
meeting of the Tribal Executive Committee. He shall include in this
report all
matters of importance to the Tribe, and in no way shall he act for the
Tribe
unless specifically authorized to do so.
(f)
Have general management of the business activities of the Tribal
Executive
Committee. He shall not act on matters binding the Tribe until the
Tribal
Executive Committee has deliberated and enacted appropriate resolution,
or
unless written delegation of authority has been granted.
(g)
Not vote in meetings of the Tribal Executive Committee except in the
case of a
tie.
Section 2. In the absence or
disability of the President,
the Vice-President shall preside. When so presiding, he shall have all
rights,
privileges and duties as set forth under duties of the President, as
well as the
responsibility of the President.
Section 3. The Secretary of the
Tribal Executive Committee
shall:
(a)
Keep a complete record of the meetings of the Tribal Executive
Committee and
shall maintain such records at the headquarters of the Tribe.
(b)
Sign, with the President of the Tribal Executive Committee, all
official papers
as provided in Section 1 (c) of this Article.
(c)
Be
the custodian of all property of the Tribe.
(d)
Keep a complete record of all business of the Tribal Executive
Committee. Make
and submit a complete and detailed report of the current year's
business and
shall submit such other reports as shall be required by the Tribal
Executive
Committee.
(e)
Serve all notices required for meetings and elections.
(f)
Perform such other duties as may be required of him by the Tribal
Executive
Committee.
Section 4. The Treasurer of the
Tribal Executive Committee
shall:
(a)
Receive all funds of the Tribe entrusted to it, deposit same in a
depository
selected by the Tribal Executive Committee, and disburse such tribal
funds only
on vouchers signed by the President and Secretary.
(b)
Keep and maintain, open to inspection by members of the Tribe or
representatives
of the Secretary of the Interior, at all reasonable times, adequate and
correct
accounts of the properties and business transactions of the Tribe.
(c)
Make a monthly report and account for all transactions involving the
disbursement, collection or obligation of tribal funds. He shall
present such
financial reports to the Tribal Executive Committee at each of its
regular
meetings.
Section 5. Duties and functions of
all appointive
committees, officers, and employees of the Tribal Executive Committee
shall be
clearly defined by resolution of the Tribal Executive Committee.
ARTICLE II - TRIBAL
EXECUTIVE COMMITTEE MEETINGS
Section 1. Regular meetings of the
Tribal Executive
Committee shall be held once in every 3 months beginning on the second
Monday in
July of each year and on such other days of any month as may be
designated for
that purpose.
Section 2. Notice shall be given
by the Secretary of the
Tribal Executive Committee of the date and place of all meetings by
mailing a
notice thereof to the members of the Tribal Executive Committee not
less than 15
days preceding the date of the meeting.
Section 3. The President shall
call a special meeting of the
Tribal Executive Committee upon a written request of at least one-third
of the
Tribal Executive Committee. The President shall also call a special
meeting of
the Tribal Executive Committee when matters of special importance
pertaining to
the Tribe arise for which he deems advisable the said Committee should
meet.
Section 4. In case of special
meetings designated for
emergency matters pertaining to the Tribe, or those of special
importance
warranting immediate action of said Tribe, the President of the Tribal
Executive
Committee may waive the 15-day clause provided in Section 2 of this
Article.
Section 5. Seven members of the
Tribal Executive Committee
shall constitute a quorum, and Robert's Rules shall govern its
meetings. Except
as provided in said Rules, no business shall be transacted unless a
quorum is
present.
Section 6. The order of business
at any meeting so far as
possible shall be:
(a)
Call to
order by the presiding officer.
(b)
Invocation.
(c)
Roll
call.
(d)
Reading
and disposal of the minutes of the last meeting.
(e)
Reports
of committees and officers.
(f)
Unfinished business.
(g)
New
business.
(h)
Adjournment.
Section 1. New members of the
Tribal Executive Committee who
have been duly elected by the respective Reservations shall be
installed at the
first regular meeting of the Tribal Executive Committee following
election of
the committee members, upon subscribing to the following oath:
"I,
____________________, do hereby solemnly swear (or affirm) that I shall
preserve, support and protect the Constitution of the United States and
the
Constitution of the Minnesota Chippewa Tribe, and execute my duties as
a member
of the Tribal Executive Committee to the best of my ability, so help me
God."
ARTICLE IV -
AMENDMENTS
Section 1. These bylaws may be
amended in the same manner as
the Constitution.
ARTICLE V -
MISCELLANEOUS
Section 1. The fiscal year of the
Minnesota Chippewa Tribe
shall begin on July 1 of each year.
Section 2. The books and records
of the Minnesota Chippewa
Tribe shall be audited at least once each year by a competent auditor
employed
by the Tribal Executive Committee, and at such times as the Tribal
Executive
Committee or the Secretary of the Interior or his authorized
representative may
direct. Copies of audit reports shall be furnished the Bureau of Indian
Affairs.
ARTICLE VI -
RESERVATION
BUSINESS COMMITTEE BYLAWS
Section 1. The Reservation
Business Committee shall by
ordinance adopt bylaws to govern the duties of its officers and
Committee
members and its meetings.
Section 2. Duties and functions of
all appointive
committees, officers, and employees of the Reservation Business
Committee shall
be clearly defined by resolution of the Reservation Business Committee.
CERTIFICATION OF ADOPTION
Pursuant
to an order approved September 12, 1963, by the Assistant Secretary of
the
Interior, the Revised Constitution and Bylaws of the Minnesota Chippewa
Tribe
was submitted for ratification to the qualified voters of the
reservations, and
was on November 23, 1963, duly adopted by a vote of 1,761 for and 1,295
against,
in an election in which at least 30 percent of those entitled to vote
cast their
ballots in accordance with Section 16 of the Indian Reorganization Act
of June
18, 1934 (48 Stat. 984), as amended by the Act of June 15, 1935 (49
Stat. 378).
1/ As
amended per Amendment 1, approved by Secretary of Interior 11/6/72.
2/ As
amended per Amendment II, approved by Secretary of Interior 11/6/72.
(sgd) Allen Wilson,
President
Tribal
Executive Committee
(sgd) Peter
DuFault,
Secretary
Tribal
Executive Committee
(sgd) H.P. Mittelholtz, Superintendent
Minnesota Agency
APPROVAL
I,
John A.
Carver, Jr., Assistant Secretary of the Interior of the United
States
of
America, by virtue of the authority granted me by the Act of June 18,
1934 (48
Stat. 984), as amended, do hereby approved the attached Revised
Constitution and
Bylaws of the Minnesota Chippewa Tribe, Minnesota.
John A. Carver, Jr.
Assistant Secretary of the Interior
Washington, D.C.
(SEAL) Date: March 3,
1964
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