[1918 General Council Constitution] Adopted April 13, 1918
The
members of the Red Lake Band of Chippewa Indians of the State of
Minnesota, in
Council assembled this 13 day of April, 1918, at Red Lake Agency,
Minnesota, in
order to form a perfect union do ordain and establish the following
constitution:
ARTICLE
1. This organization shall be known as
the General Council of the Red Lake Band of Chippewa Indians, and its
principal
place of business be at the Red Lake Agency.
ARTICLE
2. This organization shall confer full
and complete authority to the several Chiefs of the Red Lake Indian
Reservation
to call a meeting and each Chief shall have the power to appoint five
members
from their band or other bands, the Chiefs together with their
appointees shall
constitute the Council of the Red Lake Band of Chippewa Indians. They shall have the power to fill vacancies
in their councils temporarily.
ARTICLE
3. The Chairman appointed by the
Council shall have no vote.
ARTICLE
4. The Secretary, and the Treasurer
appointed by this Council shall have the right to vote.
(ARTICLE
5. This organization and Council shall
not in any way interfere with the provisions of the Constitution of the
General
Council of the Minnesota Chippewas.)
ARTICLE
5. Modified to read as follows:
This
Organization and Council shall not recognize the General Council of the
Minnesota Chippewas, as a medium for the transaction of their tribal
property
business and affairs, August 27, 1918.
ARTICLE
6. This Council shall have the right
and authority to decide in disputes as to Chiefs.
ARTICLE
7. This Council shall respect and give
proper consideration to petitions that may be placed before them by any
member
of the Red Lake Band.
ARTICLE
8. This council shall have authority to
modify or add provisions to this constitution by a two-thirds vote.
ARTICLE
9. The majority vote in this Council
shall govern.
ARTICLE
10. The funds collected on account of this Council shall be properly
accounted
for, from source received, and as expended, which shall be approved by
the
Council.
(Signed)
Committee on Constitution
We, the
undersigned, Chairman and Secretary, do hereby certify that the above
Constitution was duly adopted by the Red Lake band of Indians, duly
assembled in
session at the Red Lake Council Hall, Red Lake Agency, Minnesota, on
this 13th
day of April, A.D. 1918
(Signed)
J.
B. JOURDAIN, Chairman
OTTO
THUNDER, Secretary
Ponemah,
Minn., April 14, 1918.
We, the
undersigned, Chairman and Secretary of the local Indian Council of the
community known as the Cross Lake Indians of the Red Lake Reservation,
do
hereby certify that the said local council have this 14th day of April,
1918,
in council assembled, adopted the foregoing Constitution to govern the
General
Council of the Red Lake Band of Chippewa Indians of the Red Lake Agency.
(Signed)
SPENCER
WHITE FEATHER,
Chairman.
(Signed)
ALVA
BURNS, Secretary.
Red
Lake Indian Council
Seal
1918
Adopted
October 15, 1958
PREAMBLE
We, the
members of the Red Lake Band of Chippewa in order to promote justice,
insure
tranquility, encourage the general welfare, safeguard our interests and
secure
the blessings of freedom and liberty for our posterity, do hereby amend
and
revise our tribal Constitution and organize a Red Lake Tribal Council
as the
basic organization of the Band, and we ordain and establish this
Constitution
and set of Bylaws as the rules for its deliberation.
ARTICLE I
The name
of this organization shall be the Red Lake Band of Chippewa Indians.
ARTICLE II
The
jurisdiction of this organization shall extend to all land on the Red
Lake
Reservation in the State of Minnesota and to such other lands as may be
acquired by or in behalf of said Band and added thereto under the laws
of the
United States.
ARTICLE III MEMBERSHIP
Section
1. The membership of the organization shall consist of:
(a)
All
persons of Red Lake Chippewa Indian blood who are duly enrolled members
of the
Band on the date this revised Constitution and Bylaws is approved.
(b)
The
Tribal Council shall have the power to adopt ordinances subject to
review of
the Secretary of the Interior, or his duly authorized representative,
governing
loss of membership and future enrollment of members of the Band.
ARTICLE IV GOVERNING
BODY
Section
1. The governing body of the Red Lake Band of Chippewa Indians
shall be the
Tribal Council and shall consist of 8 district representatives and 3
officers.
Sec. 2. In addition
to the governing
body there shall be an Advisory Council composed of 7 Hereditary Chiefs
of the
Band. The 7 Chiefs shall serve in an
advisory capacity to the Tribal Council and shall continue in office
until the
office is vacated by voluntary resignation or by death.
Successor chiefs shall then be chosen by the
governing body of majority vote in accordance with tribal tradition [sic]
and in the terms of this Constitution.
Sec. 3. In addition
to the 8
district Representative [sic] the Band, as a whole, shall elect
a
Chairman, Secretary and Treasurer who shall be elected by popular vote
regardless of district.
Sec. 4. The Tribal
Council shall
have the authority to regulate its own procedures; to appoint
subordinate
committees, delegates, boards, tribal officials and employees not
otherwise
provided for in this Constitution and Bylaws and to provide their tenue
[sic]
and duties; provided, that any delegation of authority described in
this
Constitution and Bylaws shall be granted only by written resolution or
ordinance and shall be withdrawn in the same manner.
Sec. 5. The Tribal
Council shall
have the power to redistrict the Red Lake Reservation and to apportion
the
representatives, subject to vote of the people, whenever such action is
deemed
advisable by the Tribal Council.
ARTICLE V NOMINATIONS
AND ELECTIONS
Section
1. All elections shall be by secret ballot and a majority vote
shall rule
where there are only two candidates or where there is a simple yes or
no vote
on any question or referendum. In
elections where there are more than two candidates for any one office,
the
candidate in the election receiving the most votes or a plurality of
votes,
shall be elected.a
Sec. 2. (a) Any enrolled member of the Band 18
years of age and over shall be
entitled to vote in any election.b
(b) All eligible resident voters
shall register with the district of their residence at the time of the
election. All eligible nonresident
voters shall register with the district of their former residence or
affiliation.
Sec. 3. Absentee
ballots shall be
furnished to eligible nonresident members upon their request to the
Tribal
Council Secretary, provided that all such ballots be returned to the
Secretary
on or before the date of the election in order that the ballots be
counted.
Sec. 4. Not less than
30 days nor
more than 60 days after the date this amendment becomes effective an
election
of councilmen and officers be held. The
first election shall be held under the supervision of the elected
Constitutional Committee and the Superintendent, who shall set the
date,
designate the polling places, appoint the election boards, and provide
the rules
and regulations for the conduct of the election. All
subsequent elections shall be held under the supervision of
the Tribal Council who shall enact an ordinance to provide the rules
and
regulations under which elections shall be held.
Sec. 5. (a) A
qualified voter to be
eligible to become a candidate as district representative or as an
officer
shall be 25 years of age or over.
(b) An otherwise eligible candidate
to run as a district representative, beginning in the year 1980,
shall have
been a bona fide resident of the district he is to represent for a
period of
one year next [sic] preceding the election date.
An otherwise eligible candidate to run as an
officer, shall have been a bona fide resident of the Red Lake Indian
Reservation for a period of one year next preceding the election date.a
Anyone who has been removed for any reason from the Tribal
Council,
shall be ineligible to become a candidate in any Tribal Election. Anyone who has been convicted or is under
indictment for a criminal felony offense shall be ineligible to become
a
candidate in any Tribal Election.b
(c) Eligible candidates shall file
their notice of intent to run for office with the Secretary of the
Tribal
Council identifying the office for which he is a candidate at least 20
days
before the election date. The Secretary
shall post a list of eligible candidates at least 20 days before the
election
in each voting district. All candidates
shall pay a filing fee to be prescribed by the Tribal Council.
Sec. 6. (a) The
Reservation shall
consist of 4 districts and shall have representation as follows:
Red Lake
2
representatives
Redby
2
representatives
Little Rock
2
representatives
Ponemah
2
representatives
(b) Votes for candidates for
district representatives shall be confined to the eligible voters of
the
district the candidate is to represent.
Votes for officers shall be on a Reservation-wide or at large
basis.
(c) The 4 districts are described
as follows:
Little
Rock:
All territory west of
Fuller Creek and north on the Reservation and east to the range line
between
range 34 and 35 W.
Red
Lake:
From
a line due south of the east side of Fuller Creek and extending east to
Shemehgun [sic] Creek.
Redby:
From the east side of
Shemehgun Creek extending east to the Reservation boundary and
north to Battle
River.
Penemah
[sic]:
All territory
beginning from Battle River between the North and South Lakes and north
of the
lakes east from the range line lying between range 34 and 35 W.
Sec. 7. The
successful candidates in
the first election shall hold office as follows:
(a) The successful district
representative from each district in the first election receiving the
largest
number of votes shall hold office for 4 years, or until their
successors are
elected. All successful candidates for
officers shall hold office for 4 years or until their successors are
elected.
(b) The other successful district
representatives receiving the second largest vote in the first election
shall
hold office for 2 years, or until their successors are elected.
(c) All successful candidates in
all succeeding elections shall hold office for 4 years.
(d) After the first election all
succeeding elections of the governing body shall be held during the
month of
May in even numbered years.
ARTICLE VI GOVERNMENTAL
AUTHORITIES
Section
1. The Tribal Council, or its authorized officers or delegates, on
behalf
of the Red Lake Band of Chippewa Indians shall have the sole right and
authority to represent the Band and to negotiate with the Federal,
State and
local governments and with private persons and to make decisions not
contrary
to this Constitution and Bylaws or with existing Federal laws.
Sec. 2. To employ
legal counsel,
subject to the approval of the Secretary of the Interior, or his duly
authorized representative, as long as such approval is required by
Federal law.
Sec. 3. To regulate
and license
where permitted [sic] by law all business and professional
activities
conducted upon the Reservation, provided that any assessment upon
nonmembers
trading or residing within the jurisdiction of the Band shall be
subject to the
review of the Secretary of the Interior or his duly authorized
representative,
where required by law.
Sec. 4. To enact
ordinances to
remove from the Reservation persons not legally entitled to reside
thereon and
whose presence may be injurious to the peace, happiness or welfare of
the
members of the band, subject to the review of the Secretary of the
Interior, or
his duly authorized representative.
Sec. 5. To enact
ordinances, subject
to the review of the Secretary of the Interior, or his duly authorized
representative, governing conduct of the members of the Band and
Indians from
other tribes on the Reservation, providing for the maintenance of law
and order
and the administration of justice by establishing a police force and a
tribal
court and defining their powers and duties; and regulating the
inheritance of
property of the members of the Band except trust land.
ARTICLE VII BUSINESS
AUTHORITIES
The
Tribal Council of the Red Lake Band shall exercise the following
powers,
subject to any limitations imposed by this Constitution and Bylaws
or the laws
and regulation of the Federal Governments;
Section
1. (a) To administer any funds within the control of the Band; to
make
expenditures from available funds for tribal purposes, including
salaries and
expenses of tribal officials or employees.
All expenditures of tribal funds under the control of the Tribal
Council
shall be authorized by resolution duly enacted by the Tribal Council in
legal
session and the amounts so expended shall be a matter of public record
to the
members of the Band at all reasonable time [sic].
(b) The Tribal Council of the Red
Lake Band shall prepare annual budget requests for the advancement to
the
control of the Band such money as now or may hereafter be deposited to
the
credit of the Band in the United States Treasury or which may hereafter
be
appropriated for the use of the Band.
(c) To deposit to the credit of the
Red Lake Band of Chippewa Indians tribal funds without limitation on
the amount
in any account, in any approved National or State Bank whose deposits
are
insured by an agency of the Federal Government; or with a bonded
disbursing
officer of the United States whenever the conditions prescribed by the
Secretary of the Interior or his duly authorized representative in
connection with
such advances require the advance to be so deposited.
Sec. 2. (a) To manage,
lease, or
otherwise deal with tribal lands and tribal resources in accordance
with
existing Federal laws.
(b) No action shall be taken by or
in behalf of the Red Lake Band of Chippewa Indians which conflicts with
the
regulations authorized pursuant to Section 6 of the Act of June 18,
1934 (48
Stat. 984), or in any way operates to destroy or injure tribal grazing
land,
timber, or other natural resources.
(c) All Reservation land
shall remain tribal property and
shall neither be sold nor divided by allotment.
Sec. 3. To engage in
any business
that will further the economic well-being of the members of the Red
Lake Band.
Sec. 4. To enact
ordinances to
provide rules and regulations governing fishing, hunting and trapping
on the
Red Lake Reservation.
ARTICLE VIII FUTURE AND
RESERVED POWERS
Section
1. The Tribal Council of the Red Lake Band of Chippewa Indians may
exercise
such future powers as may in the future be granted to the Council by
members of
the Red Lake Band or the Secretary of the Interior or by any other duly
authorized official or agency of the Federal Government.
Sec. 2. Any right of
power
heretofore vested in the Red Lake Band of Chippewa Indians, but not
expressly
referred to in this Constitution and Bylaws, shall remain in the Band,
but may
be exercised by the Red Lake Band of Chippewa Indians through the
adoption of
appropriate constitutional amendment if that be the wishes of the
people.
ARTICLE IX MANNER
OF REVIEW
Section
1. Any resolution or ordinance which by the terms of this
Constitution is
subject to review by the Secretary of the Interior shall within 10 days
of its
enactment be presented to the Superintendent of the Minnesota
Agency who shall
within 10 days after its receipt by him approve or disapprove it.
Sec. 2. If the
Superintendent
approves any resolution or ordinance, it shall thereupon become
effective, but
the Superintendent shall transmit the enactment bearing his endorsement
to the
Secretary of the Interior, who may, within 90 days of the date of its
enactment
rescind the resolution or ordinance for any cause by notifying the Red
Lake
Tribal Council of his veto.
Sec. 3. If the
Superintendent
disapproves any resolution or ordinance, he shall within 10 days after
its
receipt by him advise the Red Lake Tribal Council of his reasons
therefor, and
if these reasons appear to the Council insufficient, it may by vote of
the
majority of all members, refer the resolution or ordinance to the
Secretary of
the Interior, and if approved by him in writing it shall become
effective.
ARTICLE X REFERENDUM
AND RECALL
Section
1. Upon receipt of a petition by 25 percent of the eligible
voters, or by an affirmative vote of 8 members of the Tribal Council,
any enacted or proposed reesolution or ordinance of the Tribal Council
shall be submitted to a referendum of the eligible voters of the Red
Lake Band. The majority of the votes cast in such refrendum shall
be conclusive and binding on the Tribal Council. The Tribal
Council shall call such referendum shall be conclusive and binding on
the Tribal Council. The Tribal Council shall call such referendum
and prescribe the manner of conducting the vote.
Sec. 2. The Tribal Council
shall enact an ordiance which shall prescribe regulations, charges and
reasons fro removal or recall of a district representative or
officer. The grounds for removal, right of petition, and other
factors shall be carefully framed to protect the interest of the Red
Lake Band.
Sec. 3. The Tribal
Council by an affirmative vote of the majority shall appoint a
replacement to fill any vacancy of a district representative or
officer, caused by removal, death or resignation, provided the term of
the replacement shall not extend beyond the next regular election
regardless of the length of the unexpired term.
ARTICLE XI. ADOPTION AND AMENDMENT
Section
1. This revised Constitution and Bylaws when adopted by a majority
vote of
the qualified voters of the Red Lake Band of Chippewa Indians of the
Red Lake
Reservation, voting at special election called and supervised by the
elected
Constitutional Committee and the Superintendent, shall be submitted to
the
Secretary of the Interior and shall be in force and effect from the
date of
such approval, provided at lest 25 percent of those entitled to vote
shall
vote.
BYLAWS
ARTICLE I
TRIBAL COUNCIL
Section
1. A regular monthly meeting of the governing body shall be set by
the
Tribal Council. The Chairman shall call
all special meetings.
Sec. 2. A quorum
shall consist of 6
members and no business shall be conducted in the absence of a quorum
Sec. 3. The Tribal
Council shall
cause to be installed, maintained and audited a complete and detailed
accounting system.
Sec. 4. All Officers
and employees
of the Council responsible for the safety of the property and money
shall be
bonded in an amount sufficient to ensure the Band from loss.
Sec. 5. The newly
elected district
representatives and officers shall be installed in office at the first
regular
meeting of the Tribal Council after cerfitifcates [sic] of their
election have been issued.
ARTICLE II DUTIES
OF OFFICERS
Section
1. Chairman. He shall preside at
all regular and special meetings. He
shall vote only in the case of a tie.
He shall see that all resolutions and ordinances of the Tribal
Council
are carried into effect. He shall
exercise general supervision of all other officers and employees and
see that
their respective duties are performed.
Sec. 2. Secretary. He shall keep the minutes at the principal
office of the Tribal Council of all meetings of the Tribal Council. He shall keep the tribal roll, showing all
changes therein as required by this Constitution or ordinances duly
approved by
the Tribal Council. He shall attend to
all correspondence, distribution of tribal information or other duties
incidental to his office including the reproduction of minutes,
resolutions and
ordinances and see to their distribution within the deadlines, if there
be
deadlines.
Sec. 3. Treasurer. He shall keep and maintain adequate and
correct accounts of the properties and business transactions of the
Tribal
Council. He shall have care and custody
of the funds and valuables of the Tribal Council and deposit same in
the name
of and to the credit of the Red Lake Band with such depositors as the
Tribal
Council may direct and which are acceptable to the Area Director [of
the
B.I.A.]. Disburse funds of the Tribal
Council as may be ordered by the Tribal Council, taking proper signed
invoices,
vouchers and other recordable data.
Render to the Tribal Council a monthly statement and report of
all his
transactions and render also an annual financial statement in the form
and with
the detail required by the Tribal Council.
- - - - - - - - - -
- - - -
CERTIFICATE OF
ADOPTION
The
attached revised Constitution and Bylaws was submitted for ratification
to the
adult members of the Red Lake Band of Chippewa Indians in Minnesota,
and was on
October 14, 1958, ratified by a vote of 443 for, and 113 against, in an
election in which at least twenty-five percent (25%) of those entitled
to vote
cast their ballots.
Dated:
October 15, 1958
at
Minnesota Agency
Bemidji,
Minnesota
Red Lake Tribal
Constitutional Committee
(Signed) Dan
Needham, Sr.
Dan Needham, Sr.,
Chairman
(Signed)
Adolf
Lussier
Adolf Lussier
(Signed)
Roger
A. Jourdain
Roger A.
Jourdain
(Signed) Andrew
L. Sigana
Andrew L.
Sigana
(Signed) Louis
F. Stately
Louis F. Stately
(Signed)
Byron
L. Graves
Byron L.
Graves
(Signed: W. W.
Palmer
Superintendent, Minnesota Agency
APPROVAL
I, Elmer F. Bennet , Acting Secretary
of the Interior of the United States of America, as
required in Article XI, Section 1, of the Revised Constitution and
Bylaws of
the Red Land Band of Chippewa Indians of Minnesota hereby approve said
documents to be effect on the date of this approval.
Approval
recommended:
(signed) Glenn L.
Emmons
Commissioner
of Indian Affairs
(Signed) Elmer F.
Bennett
Acting
Secretary of the Interior
(SEAL)
Washington.
D.C.
Nov. 10, 1958
b
Article 5, Sec. 5(b), Added Tribal Election, May 26,
1982.
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