Eastern Shawnee Tribe of Oklahoma - Tribal Constitution
Amended: 1999
PREAMBLE
We, the Eastern Shawnee Indians of Oklahoma, whose inherent sovereignty has existed since historic times, and who therefore hold those inherent powers to self-government that have not been extinguished by Congress, wish to develop a stronger self-determination policy in order to advance socially and economically, and to take advantage of the Thomas-Rogers Oklahoma Indian Welfare Act of June 26, 1936 (49 Stat. 1967), do adopt the following constitution which shall supersede the Constitution and Bylaws of the Eastern Shawnee Tribe approved by the Assistant Secretary of the Interior on November 7, 1939.
ARTICLE I - NAME
The name of this nation shall be the "Eastern Shawnee Tribe of Oklahoma."
ARTICLE II - TERRITORY AND JURISDICTION
The unique relationship which the Eastern Shawnee Tribe has with the United States empowers the Tribe to have complete jurisdiction, subject to applicable Federal law, over the Eastern Shawnee lands, which are located in the north east section of the State of Oklahoma, and such other territory as may hereafter be added thereto.
ARTICLE III - MEMBERSHIP OF THE TRIBE
Section 1. The membership of the Eastern Shawnee Tribe of Oklahoma shall consist of the following persons:
(a) All persons of Indian blood whose names appear on the official census roll of the Tribe as of January 1, 1938; or
(b) All children born since the date of the said roll, both of whose parents are members of the Tribe; or
(c) Any child born to a member of the Eastern Shawnee Tribe and a member of any other Indian tribe who chooses to a affiliate with the Eastern Shawnee Tribe; or
(d) Any child born to a member of the Eastern Shawnee Tribe and any other person, if such child is enrolled before attaining the age of five (5) years. Where no such enrollment is made, such person may be admitted to membership by the Eastern Shawnee General Council.
Section 2. The Business Committee shall have the power to prescribe
rules and regulations, subject to Federal law, and final approval of
the General Council covering future membership, including adoptions
and the loss of membership.
ARTICLE IV - MEMBERSHIP OF THE GENERAL
COUNCIL
Section 1. The supreme governing body of the Eastern Shawnee Tribe shall be the Eastern Shawnee General Council hereafter referred to as the General Council. The membership of the General Council shall consist of all the members of the Eastern Shawnee Tribe, eighteen (18) years of age and older.
Section 2. The General Council shall have power to:
(a) Vote in all tribal elections;
(b) Elect business committee members and officers;
(c) Exercise the power of initiative and referendum;
(d) Recall and remove elected tribal officials;
(e) Amend this Constitution;
(f) Make advisory recommendations to the Business Committee.
ARTICLE V - BILL OF RIGHTS
Nothing in this Constitution shall authorize or empower the governing body, while exercising its power of self-government, to:
(a) make or enforce any law prohibiting the free exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;
(b) violate the right of the people to be secure in their persons, house, papers, and effects against unreasonable search and seizures, nor issue warrants, but upon probably cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;
(c) subject any person for the same offense to be twice put in jeopardy;
(d) compel any person in any criminal case to be a witness against himself;
(e) take any private property for a public use without just compensation;
(f) deny to any person in a criminal proceeding the right to a speedy and public trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and at his own expense to have the assistance of counsel for his defense;
(g) require excessive bail, impose excessive fines, inflict cruel and unusual punishment, and in no event impose for conviction of any one offense and penalty or punishment greater than imprisonment for a term of one (1) year or a fine of $5,000, or both:
(h) deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of law;
(i) pass any bill of attainder or ex post facto law; or
(j) deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six (6) persons.
ARTICLE VI - ORGANIZATION OF GOVERNMENT
The government of the Eastern Shawnee Tribe shall be composed of three (3) separate and independent branches: The Executive, consisting of the Chief; the Legislative, consisting of the Eastern Shawnee Business Committee; and the Judicial, consisting of the Eastern Shawnee Judiciary.
ARTICLE VII - EXECUTIVE BRANCH
Section 1. The executive power of the Eastern Shawnee Tribe shall be vested in the office of the Chief of the Eastern Shawnee Tribe. The Chief shall be elected by a majority of the votes cast by the qualified voters of the Tribe for a term of four (4) years.
Section 2. The Chief shall be the chief executive officer of
the Eastern Shawnee Tribe and presiding officer of the General Council.
The Chief shall oversee the implementation of all laws, ordinances,
resolutions and rules made by the Business Committee. The Chief shall
regularly report to the Business Committee concerning the affairs of
the Eastern Shawnee Tribe and make recommendations to assist in the
governing of the Eastern Shawnee Tribe.
Section 3. The Chief shall have veto power over all laws, ordinances
and resolutions made by the Business Committee. The Chief shall have
five (5) working days from date of presentation to him in which to approve
or veto any law, ordinance or resolution passed by the Business Committee.
If any law, ordinance or resolution presented to the Chief has not been
acted upon within five (5) working days from presentation to him, such
law, ordinance or resolution shall become law as if it had been signed
by him. If vetoed it must be returned to the Business Committee, with
a statement of the objections, for reconsideration. If after such reconsideration
a unanimous vote of the Business Committee is reached it shall become
a law. If no unanimous decision can be reached, the subject would go
before the General Council as prescribed by Article XIV, Section 2.
ARTICLE VIII - LEGISLATIVE BRANCH
Section 1. Business Committee. The legislative powers of the Eastern Shawnee Tribe shall be vested in the Eastern Shawnee Business Committee. The Business Committee shall include the Second Chief, Secretary, Treasurer and three (3) Council persons.
Section 2. Second Chief. The Second Chief shall preside over
the Business Committee. The Second Chief shall perform such duties of
the Chief, subject to the supervision of the Chief, as the Chief may
from time to time delegate. The Second Chief shall be a member of the
Business Committee with voting power only in case of a tie.
Section 3. Secretary. The Secretary shall make out the order
of business for the Business Committee, assuring at least a public notice
of such business at least ten (10) days prior to such meeting. The Secretary
shall assure the correct recording of the proceedings of all meetings,
and render a written report at the annual General Council meeting. The
Secretary shall have custody of the records and all papers of the Business
Committee. Such records and papers shall be open to inspection at any
time during business hours, by any member of the tribe desiring to read
such. The Secretary shall keep a correct list of all members of the
Eastern Shawnee Tribe and of the Business Committee. The Secretary shall
determine the validity of petitions submitted under Article XIV. The
Secretary shall be a full voting member of the Business Committee.
Section 4. Treasurer. The Treasurer shall monitor the financial
records maintained by the Tribe to insure compliance with the approved
budgets. The Treasurer shall make reports to the Business Committee
and General Council as deemed necessary by the Eastern Shawnee General
Committee. In the absence of the Second Chief the Treasurer shall preside
over the Business Committee. Should the Second Chief be unable to serve
as the acting Chief pro tem when required to do so, the Treasurer shall
serve as acting Chief. The Treasurer shall be a full voting member of
the Business Committee.
Section 5. Term of Office. At the first election held under this
Constitution a system of staggered terms shall be established. At the
first election under this Constitution the newly elected Chief and the
person receiving the highest number of votes for First Business Committee
Member shall serve for a term of four (4) years. The persons receiving
the highest number of votes for Second Chief and Second Business Committee
Member shall serve for a term of three (3) years. The persons receiving
the highest number of votes for Treasurer and Third Business Committee
Member shall serve for a term of two (2) years. The person receiving
the highest number of votes for Secretary shall serve a term of one
(1) year. Thereafter, all terms of office shall be for four (4) years.
Members shall hold office until their successors are duly elected and
seated.
Section 6. Quorum. No business shall be transacted by the Business
Committee unless a quorum is present. A quorum shall consist of four
(4) members of the Business Committee.
Section 7. Voting. Voting on any ordinance or resolution or other
enactment shall be by roll call and the Secretary shall record each
vote.
Section 8. Conflict of Interest. Any Business Committee Member or
tribal official who may have a direct personal or financial interest
in any matter before the Eastern Shawnee Business Committee shall not
vote on such matter.
ARTICLE IX - POWERS OF THE BUSINESS COMMITTEE
Section 1. The Eastern Shawnee Business Committee shall have all the legislative powers vested in the Eastern Shawnee Tribe and shall, subject to the express limitations contained in the Constitution and laws of the United States or in the Constitution of the Eastern Shawnee Tribe, have the following powers:
(a) To allow suitable compensation for the officials, subject to availability of funds.
(b) To make and use a common seal and alter the same at will.
(c) To appoint such subordinate committees and agents as the business of the Tribe may require and to allow suitable compensation.
(d) To enter into any obligations or contracts essential to the transaction of its ordinary affairs or for purposes above set forth.
(e) To borrow money from my other governmental agency, lending institution, or from any member or association of members of the Tribe, and to use such funds directly for productive tribal enterprises.
(f) To deposit tribal funds in a Federally Chartered Band, which is a member of the Federal Depositor Insurance Corporation or in the Postal Savings Bank or with a bonded disbursing officer of the United States or any other as may be deemed appropriate.
(g) To negotiate with the Federal, State or local governments and to advise or consult with the representatives of the Interior Department on all activities of the Department that may affect the Eastern Shawnee Tribe of Oklahoma.
(h) To employ counsel for the protection and advancement of the rights of the Tribe and its members, subject to the approval of the Secretary of the Interior.
(i) To prevent any disposition, lease, or encumbrance of tribal lands, interests in land, or other tribal assets.
(j) To make assignments of tribal land to members of the Tribe, and to regulate the use and disposition of such assignments.
(k) To appropriate available funds for public purposes of the Eastern Shawnee Tribe of Oklahoma.
(l) To regulate the procedure and manner of holding tribal elections.
(m) To regulate the procedure of the General Council and Business Committee and all other tribal committees and offices.
(n) To protect and preserve the persons, property, natural resources, crafts and tradition of the Eastern Shawnee Tribe of Oklahoma
(o) To purchase, take by gift, bequest or otherwise, own, hold, manage, operate, and dispose of property of every description, real or personal, subject to the limitations of Section 2.
(p) To issue bonds or other interest in tribal property in exchange for restricted Indian lands.
(q) To protect all rights to the Eastern Shawnee Tribe of Oklahoma by Treaty.
(r) To delegate to subordinate bodies, committees, or officers, or to any cooperative association which is open to all members of the Tribe, any of the foregoing powers, reserving the right to review any actions taken by virtue of such delegated powers.
(s) To exercise such further powers as may in the future be deemed necessary.
(t) To promote, protect and provide for the public health, peace, education and general welfare of the Tribe and its members.
(u) To adopt, approve and amend annual budgets and to authorize the expenditure of funds in accordance with these budgets.
(v) To manage all tribal and economic affairs and enterprises.
(w) To enact laws, ordinances and resolutions necessary or incidental to the exercise of its legislative powers.
(x) To determine all terms and conditions of employment for all persons employed by the Tribe through the adoption of appropriate ordinances.
Section 2. The foregoing tribal powers shall be subject to the following
limitations:
(a) No tribal land or interest in land shall ever be mortgaged; no tribal land or interest in land shall ever be sold except in the exercise of the law of eminent domain or by majority vote of the General Council.
(b) No tribal land or interest in land shall be leased for a period longer than ten (10) years, except that oil, gas or mineral leases may be made for longer periods when authorized by law.
(c) Any lease, grazing permit, or timber sale contract covering tribal land shall provide that the person to whom such lease, permit, or contract is awarded must conform with regulations issued by the Secretary of the Interior under section 6 of the Act of June 18, 1934 (48 Stat. 984).
(d) No assignment of future tribal income shall be made for more than (5) years in advance, except as security for a loan from the United States unless approved by a majority vote of the General Council.
(e) In any attorney's contract hereafter executed by the Tribe, the choice of attorneys and the fixing of fees shall be subject to the approval of the Secretary of the Interior so long as such approval is required by Federal law.
(f) No distribution of tribal property among the members of the Tribe shall be made, except out of the net profits of tribal enterprises after all debts then due have been paid, subject to applicable Federal laws.
(g) Neither Chief, members of the Business Committee, nor the Judge shall vote, select or participate as an official on any issue where there exists an apparent conflict of interest.
ARTICLE X - JUDICIAL BRANCH
Section 1. Until such time as the Business Committee determines that the Tribe is financially and otherwise prepared to maintain a separate Tribal Court, the judicial authority of the Tribe shall be exercised by the Court of Indian Offenses. The jurisdiction of the Court of Indian Offenses shall include, but not be limited to, criminal and civil jurisdiction, including settlement of tribal disputes and interpretation of this Constitution and tribal enactments.
Section 2. When the Business Committee determines that the Tribe
is prepared to begin exercising its judicial authority, it shall notify
the Court of Indian Offenses by resolution, transmitting the following:
(a) a copy of the judicial ordinance;
(b) a plan for establishing the Tribal Court; and
(c) a time table and procedures for orderly transition of pending cases.
In line with the above provisions, the judicial authority of the Tribe shall, thereafter, be exercised by the Tribal Court. If, because of financial or other reasons, it is not appropriate for the Tribe to continue to maintain a separate Tribal Court, the Business Committee may restore jurisdiction to the Court of Indian Offenses.
Section 3. If the Business Committee determines that the Tribe shall
maintain a separate Tribal Court, or courts, that court shall possess
all of the judicial powers of the Tribe, including such powers that
may, in the future, be granted to the Tribe by Federal law. The Business
Committee shall enact a judicial ordinance subject to approval by the
Secretary of the Interior to provide for the Tribal Court to exercise
judicial powers including those set forth in Section 1 of this Article.
Other features of the Tribal Court are set forth below:
(a) Judicial Power. The judicial power of the Eastern Shawnee Tribe shall be vested in the Eastern Shawnee Judiciary which shall consist of a Tribal Court consisting of three (3) Judges and such inferior courts as may be established by tribal law.
(b) Jurisdiction. The tribal court shall exercise jurisdiction over all cases and controversies within the jurisdiction of the Tribe in law and equity, arising under this Constitution, the laws, ordinances and customs of the Eastern Shawnee Tribe.
(c) Qualifications of Judges. The qualifications for the tribal judges shall be established by ordinance enacted by the Business Committee.
(d) The Judges of the Eastern Shawnee Tribe shall be selected by the Chief and confirmed by the Business Committee within thirty (30) days of such election. If the Business Committee fails to confirm the Chief's selections, the Business Committee must within five (5) days state in writing their objections to the selection and make their recommendations.
(e) The Judges of the Eastern Shawnee Tribe shall serve six (6) year terms beginning at the date of their confirmation in office and until their successor shall be duly confirmed and installed.
(f) The Judges of the Eastern Shawnee Tribe shall be removed from office in the same manner that tribal officials and Business Committee members may be removed from office. In no case may a Judge be removed from office because of his/her decision in any case before the court.
(g) Compensation. The Judges shall receive for his/her services compensation established by the Business Committee which shall not be diminished during his/her term of office.
(h) The judicial ordinance may include provisions for a Tribal Police Force.
ARTICLE XI - ELECTIONS
Section
1. Voters. Any member of the Eastern Shawnee Tribe who has reached
the age of eighteen (18) years at the time of the election shall have
the right to vote in tribal elections.
Section 2. Election Ordinance. All tribal elections shall be conducted
in accordance with an election ordinance enacted by the Business Committee
consistent with this Constitution. Such ordinance shall provide for
secret balloting; absentee voting; voter registration; nomination of
candidates and filing procedures prior to the election; runoff election;
appointment of an impartial election board who shall be responsible
for conducting all tribal elections; and a procedure for resolving election
disputes. Further, provision shall also be included regarding the conduct
of initiative, recall and referendum elections and uniform procedures
for submitting petitions.
Section 3. Regular Elections. Regular elections shall be held on
the first Saturday following Labor Day for the purpose of electing tribal
officials. Failure of any candidate to receive a majority of the ballots
cast shall result in a runoff election of the two (2) candidates receiving
the highest number of votes for a specific office. Any tie vote shall
be decided by lot.
Section 4. Secret Ballot. Members of the Business Committee and
all other elected officials of the Tribe shall be chosen by secret ballot
the form of which shall be established in the election ordinance.
Section 5. Election Board. An election board, appointed by the Chief
and confirmed by the Business Committee within thirty (30) days of appointment
shall supervise and administer all elections in accordance with the
election ordinance and in conformity with this Constitution; PROVIDED,
That no member shall be at the same time a member of the Business Committee
or a candidate for tribal office.
Section 6. No person shall be a candidate for more than one office
in any election.
ARTICLE XII - VACANCIES
Section 1. If a vacancy should occur in the office of an elected official of the Eastern Shawnee Tribe for any reason, the office shall be declared vacant and the office shall be filled as follows:
(a) If the vacancy occurs in the office of the Chief, the Second chief shall immediately succeed to the office of the Chief.
(b) If the vacancy occurs in any position on the Business Committee, the Business Committee shall within sixty (60) days call and hold a special election to fill the vacancy for the unexpired term.
Section 2. All resignations from an elected tribal official shall
be in writing. A voluntary resignation, once submitted, cannot be withdrawn.
ARTICLE XIII - REMOVAL AND RECALL
Section 1. Removal. Any member of the Eastern Shawnee Business Committee of the Eastern Shawnee Tribe who during the term for which he/she is elected or appointed is convicted of any felony or crime involving dishonesty, in any court of competent jurisdiction, shall automatically forfeit his office effective on the date of his/her initial conviction in court. Any member of the Eastern Shawnee Business Committee found guilty or moral turpitude, gross neglect of duty, malfeasance in office, or misconduct reflecting on the dignity and integrity of the tribal government shall be removed from office by unanimous vote of the remaining members of the Business Committee. Before any vote for removal is taken, the committee member shall be given a written statement of the charges against him or her at least ten (10) days before a meeting of the Business Committee is called to consider such removal action. The accused shall be given an opportunity to answer any and all charges at the designated committee meeting. No Business Committee member shall preside over the meeting at which his/her removal is being considered. A vote of four (4) members of the Business Committee shall be necessary to call a meeting for the removal of a Business Committee member. The decision of the Business Committee shall be final.
Section 2. Recall. The eligible voters of the Eastern Shawnee Tribe
shall have the right to recall any elected tribal official. The right
of recall shall be exercised subject to the following procedures:
(A) A recall shall be initiated by submitting a petition with the Secretary of the Election Board, or his or her authorized representative, signed by at least thirty-percent (30%) of the total number of registered voters who cast ballots in the general election immediately preceding the submission of the recall petition, but thirty-percent (30%) shall be no less than one hundred (100) registered voters. Within five (5) days of the submission of the petition, the Secretary of the Election Board shall verify in writing that the petition is valid under the terms of the Election Ordinance and must then deliver said petition and written verification to the presiding chair of the Business Committee prior to the very next regularly scheduled Business Committee meeting at which time it shall become a priority matter on the agenda for that meeting. Should the Secretary of the Election Board find that a recall petition is invalid under the terms of the petition with a written explanation of its deficiencies and that it may be resubmitted once the deficiencies have been corrected.
(B) Upon receipt of the petition and written verification, it shall be the duty of the Business Committee to immediately issue a resolution directing the Election Board to hold a special election for recall. A copy of the petition for recall and written verification along with the resolution issued to hold a special election for recall shall be served by the Secretary of the Business Committee, by return receipt mail, on the Chairperson of the Election Board within two (2) business days of the date of issuing said resolution and such service shall constitute notice on the Election Board for purposes of compelling the Election Board to set a special election for recall within no less than sixty (60) days but no more than ninety (90) days after receipt of said resolution.
(C) Upon being compelled to call and set a special election for recall, the Election Board shall conduct said special election following procedures set forth in the Election Ordinance regarding regular elections in all manner so as not to deny the right of all eligible voters of the Eastern Shawnee Tribe the right to vote. In addition, a written narrative of the issues by the originator of the petition for recall, along with a written rebuttal by the individual subject to recall, shall be mailed by the Election Board to all registered voters at least thirty (30) days prior to the date of the special election for recall. Results of the special election for recall shall be tabulated, certified and posted in accordance with those provisions of the Election Ordinance and such results shall be effective and binding as of the date that they are so certified and posted and shall be final upon the individual subject to said recall. If the recall of an elected tribal office is mandated by a voting majority, the position of said official so recalled shall be deemed vacant at the time the election results are certified and posted as aforesaid and such vacancy shall be filled according to article XII of this Constitution.
(D) The right of recall may only be exercised as to one (1) tribal official per recall.
(E) The right of recall cannot be exercised against an elected tribal official within six (6) months of the date of the expiration of their term.
(F) The right of recall shall only be exercised against an elected tribal official upon a showing that such official has either been derelict in their official duties, has abused the authority or power of their office, or has used the authority or power of their office for personal gain. 1
Section 3. The Eastern Shawnee Business Committee shall enact such
ordinances as are necessary to implement removal and recall elections
consistent with the Article. Vacancies shall be filled in accordance
with Article XI.
___________________
1 Article XIII, Section 2 amended by Secretarial Election
June 17, 1999.
ARTICLE XIV - POPULAR PARTICIPATION
Section 1. Initiative. The members of the Eastern Shawnee Tribe reserve the power to independently propose ordinances, resolutions or other enactments affecting the Eastern Shawnee Tribe. Any proposed initiative measure shall be presented to the Business Committee accompanied by a petition signed by at least thirty (30) eligible voters of the Tribe. Upon receipt of the petition, the Business Committee shall either adopt the initiative measure by a majority vote without alteration or call a special election the purpose of allowing the tribal members to vote on the initiative measure. The election shall be held within ninety (90) days from the date a valid petition is presented and shall be conducted in the manner prescribed by Article XI. The decision of a majority of the voters in such election shall be binding on the Business Committee.
Section 2. Referendum. The Eastern Shawnee Business Committee shall
either at the direction of the Business Committee or upon receipt of
a petition signed by at least thirty (30) eligible voters submit any
enacted or proposed ordinance, resolution or other measure to a referendum
of the eligible voters. The Business Committee shall call a referendum
within ninety (90) days of receipt of a valid petition and said referendum
shall be conducted in the manner prescribed by Article XI.
ARTICLE XV - QUALIFICATIONS OF ELECTED
OFFICIALS
Section 1. A person shall be eligible to run for and hold office if such person is an enrolled member of the Eastern Shawnee Tribe, registered to vote in tribal elections, and has attained the age of twenty-one (21) years or more.
Section 2. Any person who has been convicted of any felony or other
serious offense including bribery, embezzlement, extortion, fraud, forgery,
perjury, theft, habitual drunkenness or felonious assault or felonious
battery shall not be eligible for candidacy to any elective office unless
he shall have been pardoned.
ARTICLE XVI - MEETINGS
Section 1. Annual Meetings. Annual meetings of the Eastern Shawnee General Council shall be held on the first Saturday following Labor Day for purposes of electing officers, and business committee members, approving the annual administrative budget, receiving reports and transacting any other business which may come before the General Council. There must be thirty (30) eligible voting members present for a quorum.
Section 2. Special Meetings. Special meetings of the Eastern Shawnee
General Council may be called by the Chief at his/her discretion and
shall be called by him/her upon the written request of (4) members of
the Business Committee or upon the written request of thirty (30) members
of the Tribe; PROVIDED, That at least ten (10) days written public notice
shall be given at each instance. There must be thirty (30) eligible
voting members present for a quorum.
Section 3. The principal object of the special meeting must be stated
in the notice and may include the words "and for the transaction
of other business that may be presented." Unless these words are
added, no other business can be transacted except for the object stated
in the notice.
Section 4. Regular Meetings of the Business Committee. Unless otherwise
provided by resolution, the regular meetings of the Business Committee
shall be held on the third Wednesday of each month.
Section 5. Special Meetings of the Business Committee. Special meetings
of the Business Committee may be called at the discretion of the Second
Chief and shall be called upon the written request of four (4) members
of the Business Committee. Should the Second Chief fail to call the
requested special meeting, any other member of the Business Committee
shall do so.
Section 6. Unless some other point is designated in the call of
notice, all meetings of the General Council and of the Business Committee
shall be held at the tribal complex, West Seneca, Oklahoma.
ARTICLE XVII - ORDINANCES AND RESOLUTIONS
Section 1. Ordinances. All final decisions of the Business Committee on matters of permanent interest to members of the Eastern Shawnee Tribe and necessary to the orderly administration of tribal affairs shall be embodied in ordinances. The ordinances shall be available for public inspection at all reasonable times.
Section 2. Resolutions. All final decisions of the Business Committee
on matters of temporary interest shall be embodied in resolutions. Resolutions
shall be available for public inspection at all reasonable times.
Section 3. Form. All ordinances and resolutions shall be dated and
numbered and shall include a certificate showing the presence of a quorum,
the number of members voting for and against the proposed enactment
and the appropriate constitutional authority for such action.
ARTICLE XVIII - SAVINGS CLAUSE
All resolutions and ordinances currently in force shall, in so far as they are not inconsistent with this Constitution, remain in full force and effect until such time as they may be changed by the appropriate tribal authority.
ARTICLE XIX - AMENDMENTS
This Constitution may be amended by a majority vote of the registered voters of the Eastern Shawnee Tribe voting in an election called for that purpose by the Secretary of the Interior; PROVIDED, That at least thirty percent (30%) of those duly registered to vote shall vote in such election; but no amendment shall become effective until it has been approved by the Secretary of the Interior.
It shall be the duty of the Secretary of the Interior to call an election at the request of four (4) members of the Business Committee or upon receipt of a petition signed by at least 100 eligible voters of the Eastern Shawnee Tribe.
ARTICLE XX - ADOPTION
This Constitution when adopted by a majority vote of the qualified registered voters of the Eastern Shawnee Tribe, voting at an election called for that purpose by the Secretary of the Interior in which at least thirty percent (30%) of those entitled to vote shall vote, shall be submitted to the Secretary of the Interior for his approval and, if approved, shall be effective from the date of such approval.
CERTIFICATE OF RESULTS
OF ELECTION
Pursuant to a Secretarial Election authorized by the Acting Muskogee Area Director on March 2, 1999, the attached Amendment to the Constitution of the Eastern Shawnee Tribe of Oklahoma was submitted to the qualified voters of the tribe on June 17, 1999. Proposed Amendment was duly ratified by a vote of 115 for 48 against, and 6 spoiled. At least 30 percent of the two hundred and seventy (270) members entitled to vote, cast their ballot in accordance with Thomas Rogers Oklahoma Indian Welfare Act of June 26, 1936.
|
/s/ |
| /s/ Lena Mae Elliott, Board Member |
| /s/ Glen Brock, Board Member |
Date: June 17, 1999
I, James E. Fields, Acting Area Director, Muskogee Area Office, Bureau of Indian Affairs, by virtue of the authority delegated to me by the Secretary of the Interior do hereby approve the foregoing Amendment to the Constitution of the Eastern Shawnee Tribe of Oklahoma as set forth in Resolution No. 021999-R-01 adopted by the Business Committee of the Eastern Shawnee Tribe of Oklahoma on February 19, 1999. The Amendment will become effective upon its ratification by the qualified voters of the Eastern Shawnee Tribe; PROVIDED, That nothing contained in this approval shall be construed as authorizing any action under this Amendment that would be contrary to Federal law.
| /s/ Acting Area Director Muskogee Area Office |
|
| Muskogee, OK | |
| Date: March 2, 1999 |
Having been duly approved and adopted, the proposed Amendment as set forth in Resolution No. 021999-R-01 and referred to as Amendment #A on the ballot is hereby designated as Amendment Number 1 to the Constitution of the Eastern Shawnee Tribe of Oklahoma.
Constitution of the Eastern Shawnee Tribe of Oklahoma Last amended: 1999