2
3
4
5
6
7
8
9
10
11
12
13
14
15
CONSTITUTION OF THE CATAWBA INDIAN NATION
March 16, 2001
Proposed New Constitution of the Catawba Indian Nation
|
To all Tribal Members, Enclosed is the final draft of the Constitution of the Catawba Nation, which you as members will vote to accept or reject. I believe this Constitution will guide our people now and into the future. Many people have worked very hard to put this Constitution together. I know we will never have a Constitution that everyone will agree with, but I believe this Constitution to be a good one. The members of the Nation have a right to know what activities we are involved in as a Nation. They should and will have input on all major endeavors of the Nation. The time has come to put the past behind us and look to the future. Let us learn front the past, and prepare for the future. This Constitution has been put together with no particular group in mind. It is a Constitution for the people, now and forever. Regardless of who the leaders of the Nation are, this Constitution will allow them to run the affairs of the Nation and at they same time, they have an obligation to the members to keep them informed and to represent them fairly and honestly in all things. One final note, of all the voting age members, we must have at least 30% (472 people) participate, or any voting will not be valid. This is per the settlement agreement, so we have no control over that decision. We must all make an effort to get 30% of our voting age people out to vote. Remember this so there will not be any confusion later. If 25% vote, and the draft passed or rejected, the vote will be invalid. We must have at least 30% (472) of qualified voters participate in order to make a decision. Let’s all work hard to get our people out to vote so we can move forward. The voting days and hours will be as follows: 7:OOam-7:OOpm on Friday, May 18, 2001, and 7:00am- 7:00pm on Saturday, May 19, 2001. Voting will take place at the Catawba Cultural Center, located on Tom Stevens Road in Rock Hill. Thanks, /Chief Gilbert Blue/ Chief Gilbert B. Blue |
| Page | Line | ||
| 1 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 |
CONSTITUTION OF THE CATAWBA INDIAN NATION
March 16, 2001
|
Pages 2 and 3 are merely an unfinished table of contents, and will therefore be omitted.
| Page | Line | ||
|
4 4 4 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 |
Preamble
We, the people of the Catawba Indian Nation of South Carolina, a federally recognized sovereign Indian Nation (hereinafter "The Catawba Indian Nation"or "Nation"), in order to establish an effective tribal government, to improve our social and economic welfare, to preserve our lands and cultural identity and to secure the benefits of organization for ourselves and our posterity, do hereby proclaim and establish this Constitution of the Catawba Indian Nation. In doing so we reaffirm our existence as a self-governing Nation since time immemorial. The people of the Catawba Indian Nation, desiring to reaffirm our claim to the sovereign rights, which are common to all Native Americans who share the heritage of freedom, proclaim this Constitution as a statement of the principles of government, which shall guide our future and by which we will exercise our powers of self-government for our common welfare. Preserve, secure, and exercise all the inherent sovereign rights and powers of an Indian Nation. Article I- Territory and Jurisdiction
Section 1:1 Description of Territory Our homelands, which sustained the lives of our forebearers', and to which they and we have returned for refuge and rest, lie generally throughout the Southeastern United States and particularly Within the region now known as the state of South Carolina. The jurisdiction of the Catawba Indian Nation shall be the lands held in trust by the Secretary of Interior, for the use and benefits of its members. Nothing in this article shall be construed to limit the ability of the tribe to exercise its jurisdiction, based upon its inherent sovereignty as an Indian Nation. Article II- Membership Section 2.1 The Membership of the Catawba Indian Nation of South Carolina shall consist of: (a) All persons of Catawba blood whose names appear on the tribal roll of July 1,1943, February 25,1961, or July 24, 2000 final rolls as recognized by the Bureau of Indian Affairs and the U.S. Department of Interior. (b) All children of blood descent born to any enrolled member of the Catawba Indian Nation who meet the criteria as called for in this Constitution. Section 2.2 Terms and Conditions for Changes to the Roll: (a) The General Council shall have the power to pass ordinances covering future membership of the Catawba Indian Nation. (b) The membership of the Catawba Indian Nation shall from time to time be adjusted to reflect the births, deaths, and omissions. |
| Page | Line | ||
|
5 5 5 5 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 |
(c) The Roll Coordinator in conjunction with the Secretary/Treasurer will present these requests along with supporting documents to the Executive Committee for review. When the Executive Committee is satisfied as to the proof provided, then the roll changes shall be made. (d) Supporting documents to be used as proof could include a genealogy lineal descent form, or birth certificate (listing who parents are), or notarized sworn statement, or blood test if required, and death certificates as required. Article III: Civil Rights
Section 3.1 Incorporation of the Indian Civil Rights Act: The Catawba Indian Nation hereby incorporates by reference in Public Law 90-284 (codified at 25 U.S.C. 1301 - 1303, 1968 as amended) and otherwise known as the Indian Civil Rights Act. The Catawba Indian Nation also reserves unto itself and its members the right to exercise the traditional tights and privileges of members of this Nation, which are not in conflict with other provisions of this Constitution. Article IV: Government Section 4.1 Type of Government and Separation of Powers: The governing bodies of the Catawba Indian Nation are the General Council (when in session), and the Executive Committee subject to the constraints of this Constitution. No branch shall exercise the powers of the other or have authority over the other except as may be granted by this Constitution. The General Council shall be composed of those members on the Tribal Rolls who are 18 years of age or older on the day of the meeting or elections. Section 4.2 Judicial System: The General Council may adopt a Tribal Court System as allowed by law pursuant to Public Law 103-ll6inthe Settlement Act of October 27, 1993. Section 4.3 Vacancies and Removals from Office: (a) Mandatory Declaration of Vacancy. In the event of the death, resignation, permanent removal from the Tribal service area, or removal of any member of the Executive Committee or any other elected official of the Nation from, or if such committee member or elected official is found guilty in any court of a felony, or of a misdemeanor or other criminal offense involving dishonesty or moral turpitude, the Executive Committee shall declare the office of the Committee member or official to be vacant. |
| Page | Line | ||
|
6 6 6 6 6 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 |
(b)Failure To Attend Meetings. If a member of the Executive Committee fails to attend three consecutive regularly scheduled Executive Committee meetings, without good cause, illness or other cause beyond the control of the committee member, the Executive Committee shall by majority vote, declare the office held by the absent committee member to be vacant. (c) Removal. Any member of the Executive Committee found guilty of gross misconduct or gross neglect of duty shall be removed from the Executive Committee in the following manner: (1) In the event that Fifteen percent (15%) of the voting age members of the Nation present a written complaint against an Executive Committee member, it will presented to the General Council when in session, alleging that a member of the Executive Committee has engaged in conduct constituting gross misconduct or gross neglect of duty as defined in Section 4.3, together with supporting evidence of the truth of such allegations, the Executive Committee shall examine the complaint to determine its merits and its gravity. (2) If upon such examination the complaint is determined sufficient on its face and is of a serious nature warranting further inquiry, the executive committee shall appoint a Hearing - Committee consisting of five members of the General Council who are not members of the Executive Committee or among the members of the nation filing the complaint. (3) Within 45 days of its appointment, or such reasonable time as may be extended by the Hearing Committee, not to exceed 60 days, the Hearing Committee shall hold a public hearing in order to take evidence related to the allegations and determine whether any further action is necessitated by the complaint. The hearing procedures shall be recorded and shall be conducted as an administrative hearing. (4) The Executive Committee member being complained against shall be provided 30 days written notice of the date, place and time of the hearing together with a copy of the complaint. (5) During the hearing the complaining parties shall designate a representative to present their case. The representative shall have the right to present testimony and other evidence relevant to the issue of whether the Executive Committee member being complained against should be removed from office and to cross-examine the accused, if the accused testifies and his witnesses and to otherwise rebut the evidence presented by the accused. (6) During the hearing the Executive Committee member being complained against shall have the right to be represented by a person of his own choosing and at his own expense to confront his accusers, to present testimony and other evidence relevant to the question of whether he should be removed from office and to cross-examine the witnesses and to rebut the evidence presented by the complaining parties. (7) Within fifteen days of the conclusion of the hearing, the Hearing Committee shall file a written report with the Executive Committee summarizing its findings and conclusions recommending a dismissal of the complaint or removal from office of the Executive Committee member complained against. Upon submittal of the report the work of the Hearing Committee shall be complete and the committee shall immediately be dissolved. (8)Upon receipt of the Hearing Committees' report the Executive Committee shall meet in Executive session to consider the report and act on its recommendations. The Executive Committee shall act on the hearing report by voting to remove the Executive Committee member complained against from office, if this is the recommendation of the Hearing Committee. Any |
| Page | Line | ||
|
7 7 7 7 7 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 |
vote to dismiss the complaint or to remove the guilty Executive Committee member from office must be by majority vote. Following any vote for removal, the Executive Committee shall immediately enact a resolution declaring the office of the Executive Committee member complained against to be vacant. (d)Filling Vacancies. Any vacancy in the Executive Committee resulting from application of the above provisions of this constitution, Section 4.3 a), b) or c), or for any other cause shall be filled for the remainder of the term of the vacant office by the procedures of election to that office. Section 4.4 Oath of Office: Each elected official of the Nation, prior to assuming the duties of their office, must take the following Oath of Office before the General Council. "I, , do solemnly swear (affirm); that I will support, defend, uphold, and enforce the Constitution of the Catawba Indian Nation and that I will faithfully and impartially fulfill the duties of my office to the best of my abilities while always seeking to promote and protect the best interest of the Catawba Indian Nation and its people, so help me God." The Oath will be administered by the Chief or Assistant Chief. Article V: General Council Section 5.1 Definition of The General Council: The General Councils shall be comprised of all members of the Catawba Indian Nation who are of qualified voting age (18 years of age) on the day of a legally called General Council meeting. Section 5.2 Meetings and Votes of the General Council: These meetings shall be scheduled the third Saturday of January and July. At that time the Executive Committee shall make reports on the status of the Nation and discuss any general business matters. Recommendations for future topics of business or matters to be voted upon may be made from the floor of the General Council, seconded from the floor, and placed on the agenda for the next meeting. All General Council meetings will be chaired by the Chief; or in His/Her absence by the Assistant Chief or other elected officials as called upon or deemed required. The election of officials shall always be by secret ballot. Except as otherwise provided in the Constitution, all general votes taken by the General Council shall be decided by a simple majority provided a quorum is present at the time of the vote. A quorum shall consist of Fifteen (15) % of the eligible voters. Section 5.3 Agenda for General Council Meetings: (a)The agenda for meetings of the General Council shall be set by the Executive Committee and include time for discussion for old business and new business. The agenda shall be posted in all tribal government offices and made available for pickup in these offices at least twenty-one (21) days in advance of the General Council meeting. (b) Copies of the agenda will be mailed upon request from individual members. |
| Page | Line | ||
|
8 8 8 8 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 |
(c) Suggested topics of discussion may be presented or submitted to any Executive Committee person thirty (30) days prior to the scheduled General Council meeting. (e) All minutes from the last General Council meeting must be read, and/or amended and approved at the beginning of every General Council meeting. The minutes will be approved by a majority show of hands. Section 5.4 Procedure for Meetings: Meetings of the General Council shall be governed by Robert's Rules Of Order at all times. The Executive Committee may appoint with the approval of the General Council a Parliamentarian to facilitate meetings. Section 5.5 Powers of the General Council: (a) The General Council retains all powers not herein delegated to the Executive Committee. (b) The General Council retains unto itself the right to propose legislation and amendments, which donot conflict with the powers and duties of the Executive Committee as provided by this Constitution. (c) The General Council shall receive reports and information from the Executive Committee at the Jan. and July meetings on plans concerning management, and investments of the assets of the Nation and the progress of the plans for Economic Development. (d)The General Council shall approve or disapprove the appointment of the members of the Election Board nominated by the Executive Committee. (e) The General Council must vote on any amendments to this Constitution, under the procedures of Article 9. (f) Special call meetings of the General Council can be called by a petition of fifteen (15%) of the voting age members of the tribe. All petitions will be verified as to the validity of the named petitioners. The special meeting will be held within 15 days of the verification. The date, time, and place of the meeting will be announced by the Chief. The Chief can call for special meetings at any time as he/she deems to be necessary. Section 5.6 Visitation on the Reservation: Visitors to the Catawba Indian Nation are subject to the Constitution, By - Laws and Resolutions of the Catawba Indian Nation. Authority of enforcement is vested in the Executive Committee to uphold the laws of the Catawba Indian Nation. |
| Page | Line | ||
|
9 9 9 9 9 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 |
Section 5.7 Reservation Home Site Application: Reservation land can be claimed and utilized by tribal members by application to the Executive Committee for the purpose of home sites for families. Members must furnish proof of eligibility. Article VI: The Executive Committee
Section 6.1 Qualifications: To run for office a person must be at least 25 years of age, a member in good standing with the Catawba Indian Nation, be able to pass a criminal background check, drug screening, bondable and never convicted of a felony crime punishable by more than 1 year in prison, or the have received a complete pardon. Section 6.2 Composition of Executive Committee: (a) The Executive Committee shall consist of a Chief, Assistant Chief; Secretary/Treasurer and Four (4) Committee/Council Members who are elected by secret ballot of the General Council. (b) To be eligible to vote, a member must be 18 years of age and on the Tribal Roll at the time of the election. (c) At the initial election to be held after the ratification of this Constitution, the positions of Chief and Secretary/Treasurer and the two Committee members with the highest vote totals shall be elected for a four-year term. The positions of the Assistant Chief and the next two Committee members with the second highest vote totals will be for a Two (2) year term initially. (d) At each subsequent election the terms of office will be for four years. (e) Individuals are elected for four year, staggered, terms with no more than Four (4) individuals being voted upon at any given time. In the event of a vacancy during their term an election will be held in accordance to the rules deemed in the constitution. Their terms will be only for the duration of the terms of the vacancy that is filled. (f) These elected officials shall represent the Tribe in all business matters and public relations. (g) When the Executive Committee is in session, each Committee Member shall have one equal vote. The Chief shall vote only as a tie- breaker. (h)The Chief, or the Assistant Chief in his/her absence, shall be the official spokesperson for the tribe. (i) Each elected official can serve for only two (2) consecutive terms (8 years total)per position They must skip a term in order to run for the same position again. Section 6.3 Powers and Duties of the Executive Committee: The Executive Committee shall have all powers vested in the tribe through its inherent sovereignty or federal law. It shall execute these powers in accordance with established customs of the tribe and |
| Page | Line | ||
|
10 10 10 10 10 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 |
subject to the expressed limitations contained within the constitution or other applicable laws. These powers include but are not limited to the following: (a) The Executive Committee shall execute and carry out the laws and ordinances of the Nation as enacted by the General Council and the Executive Committee shall exercise any authority delegated to the Executive Committee by the General Council not already contained in this Constitution. (b)The Executive Committee shall prepare and administer plans concerning management and investment of the assets of the Nation. (c)The Executive Committee shall prepare and adopt an annual operating budget for the Nation. It shall present such budget information at the July meeting of the General Council. It shall update the information at the January meeting of the General Council and report on compliance with the budget. (d) The Executive Committee shall negotiate and enter into contracts and other agreements with Federal, State, and Local Governments on behalf of the Nation. (e)The Executive Committee shall apply for and accept grant funding on behalf of the Nation. (f)The Executive Committee shall conduct all routine daily business that is necessary to operate an efficient and effective government on behalf of the tribal membership. This shall include, but not limited to the hiring and firing of personnel, and contracting for goods and services as needed to conduct business for the Nation. (g)The Executive Committee is responsible for establishing written policies to be used in all tribal businesses and entities. These policies will establish guidelines for the hiring and firing of personnel. These policies will allow tribal employees who are members of the Catawba Indian Nation their tights under the Indian Civil Rights Act. (h) The Executive Committee shall enforce all laws and ordinances of the General Council and the Executive Committee; as well as adopting and implementing all appropriate policies and procedures governing financial, fiscal, personnel, and purchasing matters. (I)The Executive Committee shall have the right to issues bonds as provided by the Internal Revenue Codes. Section 6.4 Executive Committee Meetings: Meetings will be held weekly and at any other time as called for on special occasions. At the 2nd meeting of each month, at least one (lHr.) shall be open to members of the Tribe to present their opinions on tribal issues to the Executive Committee. Any member wishing to address will notify the Secretary at least 48 hours prior to the meeting. The Executive Committee reserves the right to meet on issues in closed session when it pertains to personnel and other confidential matters. The Executive Committee reserves the right to forgo weekly meetings upon extenuating Circumstances or the lack of business issues to be discussed. Section 6.5 Recording Secretary The Executive Committee shall have the right to appoint a Recording Secretary. This person has no voting powers in Executive Committee meetings. It is the responsibility of the Recording Secretary |
| Page | Line | ||
|
11 11 11 11 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 |
to record and transcribe the minutes of the Executive Committee Meetings and the General Council Meetings. The minutes are the property of the Tribe and shall be kept in a secure and locked area at all times. The transactions are to be reduced to minutes and distributed at each Executive Committee meeting, affirming the accuracy of them, and recorded as official history and records of the Tribe. At all times the Executive Member's vote will by roll call and duly recorded by the Recording Secretary. Article VII: Official Records of the Catawba Indian Nation:
Section 7.1 Description and Deposition of Records: (a) The official records and written history of the Catawba Indian Nation shall be kept in a location designated by the Executive Committee and made known to the General Council ; this is to include all former records. (b) A copy of these records should also be kept in a second location in case of fire, theft, or weather related hazards. (c)These records are the property of the Catawba Indian Nation and will be accessible to tribal members upon written request for information form being completed. These will become records for the Tribe. (d) These records include, but are not limited to, all minutes, statements, records, and ballots of governing bodies of the Tribe. To see or view these records a written request must be made to the Secretary/Treasurer office, and all public records will be provided upon request. (e) No confidential information on another tribal member shall be divulged at any time. Article VIlI: Elections Section 8.1 Administration of Elections The Executive Committee with the approval of the General Council shall establish an Election Board for conducting elections. This Board will be charged with conducting the election, filing procedures, voter registration, providing notices to eligible voters of the election and the counting of votes. The Election Board shall be responsible for developing an Election Ordinance, which will be presented to the Executive Committee for final approval. The ordinance must provide for voting to occur over at least a two day period, with the voting poll open at least open for twelve hours each day. The members of the Board shall serve a term of two (2) years. Section 8.2 Voting Age: All members of the Catawba Indian Nation who are at least 18 years of age on the voting date and are either a base enrolled or lineal descendant of a base enrollee shall be eligible voters. |
| Page | Line | ||
|
12 12 12 12 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 |
Section 8.3 Voting Requirements: (a) All eligible tribal members must present an identification card (tribal identification card or drivers license) prior to voting and their names will be verified as being on the final base membership roll and checked off prior to voting. (b) Elections under the new adopted Constitution by the General Council shall use the July 24, 2000 final base membership roll in determining who is eligible to vote. Article IX: Amendments Section 9.1 Process: The Constitution and By - Laws of the Catawba Indian Nation may be amended by a majority vote of the General Council when at least thirty (30)% of the qualified voters are participating. Any vote of the General Council that involves an amendment of this Constitution shall only occur after at least thirty days written notice is given to all qualified members. Article X: Initiative and Referendum
Section 10.1 InitiativeThe Executive Committee shall submit any proposed ordinance or resolution, except those regarding land, housing or the adoption of tribal members. An initiative petition requires at least thirty percent (30%) of the eligible voters of the tribe or upon the request of the majority members of the Executive Committee. The initiative election shall be held within sixty (60) days after receipt of the qualifying number petition signatures or at the Executive committee's request. The vote of the majority of the eligible voters shall decide whether the proposed ordinance or resolution should therefore be in effect, provided, that at least thirty percent (30%) of the eligible voters shall vote in such initiative. Section 10.2 Referendum The Executive Committee shall submit any enacted ordinance, resolution or other official action of the Executive Committee, except those regarding land, housing or the adoption of tribal members, to popular referendum upon petition of at least thirty percent (30%) of the eligible voters of the tribe or upon the request of the Executive Committee. The referendum election shall be held within sixty (60) days after the receipt of the qualifying number of petition signatures. The majority of the eligible voters in such a referendum shall decide whether the enacted ordinance, resolution or other official action shall therefore be in effect provided that at least thirty percent (30%) of the eligible voters shall vote in such a referendum. |
| Page | Line | ||
|
13 13 13 13 13 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 |
Section 10.3 Procedures Initiative and referendum elections shall be conducted by the election board and shall be held in accordance with the provision of an election ordinance which shall include a section on initiative and referendum procedure. Article XI Savings Clause
Section 11.1 Enactments All enactments or contracts with the Catawba Indian Nation adopted or approved before the effective date of this Constitution shall continue in fiuli force and effect to the extent they are consistent with this constitution. Article XII: Severability
Section 12.1 Statement of Severability: In the event that an article, section, or subsection of this Constitution is found to be unconstitutional or otherwise invalid, that finding will not have any effect or bearing upon the constitutionality or validity of any other article, section, or subsection of this Constitution. Article XIII: Supremacy
Section 13.1 Statement of Supremacy: This Constitution is the supreme law of the Catawba Indian Nation of South Carolina. Article XIV: Adoption
Section 14.1 Process for Adoption of Constitution: The Constitution of the Catawba Indian Nation shall be adopted by a majority vote of the General Council when at least thirty (30) % of the qualified voters are participating. Thirty (30) days prior to a vote on this constitution, all qualified members of the General Council shall receive a copy of this proposed Constitution for their review. Section 14.2 Procedure to Follow Adoption: (a) The results of the Constitution vote shall be certified, and the results announced at the next |
| Page | Line | ||
|
14 14 |
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 34 |
General Council meeting to be held within thirty days after the vote. The current members of the Executive Committee shall serve as leaders of the Tribe, fully subject to the terms of this constitution, until such time as an election is held in accordance with the Legislative Settlement and this Constitution and new Executive Committee members are installed in office. (b) Elections for a new Executive Committee shall be held no later than one hundred twenty (120) days after the adoption of this constitution. (c)Ballots will designate the names of all candidates, the office for which they are running, and the terms for that office. This information shall be mailed at least 45 days prior to the election date. The elected officials shall take office 30 days after the vote has been certified and they are dully sworn into office by outgoing officers. CERTIFICATION OF ADOPTION I, the undersigned Secretary/Treasurer of the Catawba Indian Nation's Executive Committee, hereby certify that this Constitution is a true and correct copy of the Constitution adopted for the Catawba Indian Nation by the General Council vote of for; and against, on the Month of , Date, Year . Secretary/Treasurer Witnessed by the following Executive Committee Members: Chief Asst. Chief Executive Committee Executive Committee |