PREAMBLE
We,
the Minnesota Chippewa Tribe, consisting of the
Chippewa Indians of the White Earth, Leech Lake, Fond du Lac, Bois Fort
(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 of our ourselves and descendants, do establish and adopt this
constitution for the Chippewa Indians of Minnesota in accordance with
such
privilege granted to the Indians by the United States under existing
law.
ARTICLE I -
ORGANIZATION AND PURPOSE
Section
1.
The Minnesota Chippewa Tribe is hereby organized under Section 16 of
the Act of
June 18, 1934 (48 Stat. 484), as amended.
Sec. 2.
The name of this tribal organization shall be the "Minnesota Chippewa
Tribe."
Sec. 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. 894) and acts
amendatory thereof or supplemental thereto, and all the purposes
expressed in
the preamble hereof.
Sec. 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 [sic]
with said Indians as enacted by Congress as 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 [of the
B.I.A.], 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 of
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 or the Tribal Executive Committee within one year after the
date of
birth of such children.
Sec. 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.
Sec. 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.
Sec. 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
the Interior shall be final.
Sec. 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, Vice-President, a Secretary and a Treasurer who shall
continue in
office for the 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)
Committeemen. 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.a
(b) All
elections shall provide for absentee ballots and secret
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 or Officer, until he or she has reached his or her
twenty-first (21) birthday on or before the date of the election.b
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 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 the 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 times. The Tribal Executive Committee shall prepare
annual budgets, requesting advancements to the control of the
Tribe 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 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
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 Committee, 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, employers 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 the 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 Reservation 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
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
Committees 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 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 and 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 [sic]
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
votes
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 of 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 reasonable
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 the
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 as
been
held and the successful candidate seated.
Sec. 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.
Sec. 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 a 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.
Sec. 4.
When the Tribal Executive Committee finds any of its members guilty 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 member is elected. The
Reservation Business Committee shall thereupon consider such censure in
the
manner prescribed in Section 3 of this Article.
Sec. 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 resident
eligible
voters, appeal to the Secretary of the Interior. If
the Secretary deems the charges substantial, he shall call for
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 bylaws shall not become operative until ratified
at a
special election by 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 lest 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, ad 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 votes cast in such a
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.
Sec. 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 the review of
the
Secretary of the Interior, or his authorized representative, shall be
presented
to the [B.I.A.] 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, 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.
Sec. 2.
Any resolution or ordinance enacted by the Reservation Business
Committee,
which by the terms of this Constitution and Bylaws is subjected 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.
Sec. 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 actions taken.
In the event of disapproval the Tribal Executive Committee shall
advice
the Reservation Business Committee, at that time, of its reasons
therefor.
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 [sic]
and 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 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 on 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 case of a tie.
Sec. 2.
In the absence or disability of the President, the Vice-President shall
preside. When so presiding, he shall
have all the rights, privileges and duties as set forth under the
duties of the
President, as well as the responsibility of the President.
Sec. 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
custodian of all property of the Tribe.
(d) Keep a
compete 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 5.
Seven members of the Tribal Executive Committee shall constitute a
quorum, and
Roberts' Rule shall govern at its meetings.
Except as provided in said Rules, no business shall be
transacted unless
a quorum is present.
Sec. 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.
ARTICLE III -
INSTALLATION OF TRIBAL EXECUTIVE COMMITTEE MEMBERS
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, or 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 at 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.
CERTIFICATE 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. 494), as amended
by the
Act of June 15, 1935 (49 Stat. 378).
(sgd) Allen
Wilson, President
Tribal Executive
Committee
(sgd) Peter
DuFault, Secretary
Tribal Executive
Committee
(sgd)
H.P. Mettelholtz, Superintendent
Minnesota Agency [Bureau of Indian Affairs]
APPROVAL
I,
John A. Carver, Jr., Assistant Secretary of the
Interior of the United States of America, by virtue of the authority
granted my
by the Act of June 18, 1934 (48 Stat. 984), as amended, do hereby
approve 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
b
As amended per Amendment II, approved by Secretary of
Interior 11/6/72.
[Editor's
note: The Minnesota
Chippewa Tribe
(MCT) currently (February 19, 2004) has a copy of
the MCT constitution posted online. Some tribal constitutions are
also posted online by the University
of Oklahoma, College of Law and by the Tribal
Law and Policy Institute.]
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