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CONSTITUTION OF THE CATAWBA INDIAN NATION |
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5 | | Preamble |
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Article I: Territory, Jurisdiction, and Supremcy [sic. Supremacy] |
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Section 1.1 -- Description of Territory and Jurisdiction |
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Section 1.2 -- Statement of Supremacy |
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Article II: Membership |
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Section 2.1 -- Membership of the Catawba Indian Nation of South Carolina |
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Section 2.2 -- Terms and Conditions for Changes to the Roll |
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Article III: Civil Rights |
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Section 3.1 |
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Article IV: Government |
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Section 4.1 -- Type of Government and Separation of Powers |
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Section 4.2 -- Executive Committee Qualifications |
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Section 4.3 -- Composition of Executive Committee |
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Section 4.4 -- Powers & Duties of Executive Committee |
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Section 4.5 -- Executive Committee Meetings |
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Section 4.6 -- Recording Secretary | |
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Section 4.7 -- Judicial Court System |
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Article V : Vacancies and Removal from Office |
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Section 5.1 Mandatory Declaration of Vacancies |
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Section 5.2 Failure to Attend Meetings |
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Section 5.3 Removal |
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Section 5.4 Filling Vacancies |
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Section 5.5 -- Oath of Office |
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Article VI: General Council |
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| Section 6.1 -- Definition of General Council |
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Section 6.2 -- Meetings and Vote of the General Council |
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Section 6.3 -- Agenda for General Council Meetings |
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Section 6.4 -- Procedures for Meetings |
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Section 6.5 -- Powers of the General Council |
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Section 6.6 -- Visitation on the Reservation |
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Section 6.7 -- Reservation Home Site Application |
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Article VII: Official Records of the Catawba Indian Nation |
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Section 7.1 -- Description and Deposition of Records |
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Article VIII: Elections |
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Section 8.1 -- Administration and Elections |
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Section 8.2 -- Voting Age |
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Section 8.3 -- Voting Requirements |
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Article IX: Amendments |
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Section 9.1 -- Process |
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Article X: Initiative and Referendum |
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Section 10.1 Initiative |
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Section 10.2 Referendum |
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Section 10.3 Procedures |
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Article XI: Adoption of Constitution |
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Section 11.1 -- Process for Adoption of Constitution |
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Section 11.2 -- Procedures to Follow Adoption |
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Certification of Adoption. |
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Preamble |
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We, the people of the Catawba Indian Nation of South Carolina, a federally
recognized sovereign |
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Indian Nation (hereinafter "The Catawba Indian Nation" or
"Nation"), in order to establish an |
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effective tribal government, to improve our social and economic welfare,
to preserve our lands and |
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cultural identity and to secure the benefits of organization for ourselves
and our posterity, do hereby |
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proclaim and establish this Constitution of the Catawba Indian Nation. In
doing so we affirm our |
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existence as a self-governing Nation since time immemorial. The people of
the Catawba Indian |
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Nation, desiring to reaffirm our claim to the sovereign rights, which are
common to all Native |
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Americans who share the heritage of freedom, proclaim this Constitution as
a statement of the |
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principles of government, which shall guide our future and by which we will
excercise our powers of |
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self-government for our common welfare. Preserve, secure, and exercise all
the inherent sovereign |
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rights and powers of an Indian Nation. |
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Article I - Territory, Jurisdiction, and Supremcy
[Supremacy] |
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Section 1.1 Description of Territory and Jurisdiction |
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Our homelands, which sustained the lives of our forebearers', and
to which they and we have |
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returned for refuge and rest, lie generally throughout the
Southeastern United States and particularly |
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Within the region now known as the State of South Carolina. The
jurisdiction of the Catawba Indian |
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Nation shall be the lands held in trust by the Secretary of Interior,
for the use and benefits of its |
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members. Nothing in this article shall be construed to limit the
ability of the tribe to exercise its |
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jurisdiction, based upon its inherent sovereignty as an Indian
Nation. |
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Section 1.2 Supremacy |
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This Constitution is the supreme law of the Catawba Indian Nation of
South Carolina. |
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Article II - Membership |
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Section 2.1 The Membership of the Catawba Indian Nation of South
Carolina shall consist of: |
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|
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(a) All persons of Catawba blood whose names appear on the tribal
roll of July 24, 2000 as recognized. |
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by the Bureau of Indian Affairs and the U.S. Department of Interior. |
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(b) All children of blood descent born to any enrolled member of the Catawba Indian Nation. |
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Section 2.2 Terms and Conditions for Changes to the Roll |
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(a) The General Council shall have the power to pass ordinances covering
future membership of the |
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Catawba Indian Nation. |
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(b) The membership of the Catawba Indian Nation shall from time to time
be adjusted to reflect the |
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births, deaths, and omissions. |
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(c) The Roll Coordinator in conjunction with the Secretary/Treasurer
will present their requests along |
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with supporting documents to the Executive Committee for review.
When the Executive Committee is |
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satisfied with the documents provided; then the roll changes shall
be made. |
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(d) Supporting documents that could be used for proof are a genealogy
lineal descent form, long form |
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birth certificate (listing who parents are), notarized sworn statement,
or blood test if required, and death |
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certificates as required. |
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Article III: Civil Rights |
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Section 3.1 Incorporation of the Indian Civil Rights Act: |
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The Catawba Indian Nation hereby incorporates by reference in Public Law 90-284
(codified at 25 |
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U.S.C. 1301 - 1303, 1968 as amended) and otherwise known the Indian Civil
Rights Act. |
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The Catawba Indian Nation also reserves unto itself and its members the right
to exercise the |
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traditional rights and privileges of members of this Nation, which are not in
conflict with other |
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provisions of this Constitution. |
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Article IV: Government |
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Section 4.1 Type of Government and Separation of Powers: |
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The governing bodies of the Catawba Indian Nation are the General Council
(when in session), and |
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the Executive Committee subject to the constraints of this Constitution. No branch
shall exercise the |
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powers of the other or have authority over the other except as may be granted by
this Constitution. |
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The General Council shall be composed of those members on the Tribal Rolls who
are 18 years of |
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age or older on the day of the meeting or elections. |
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Section 4.2 Executive Committee Qualifications: |
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To run for office a person must be at least 25 years of age, a member in good
standing with the |
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Catawba Indian Nation, be able to pass a criminal background check, complete
and pass a drug |
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screening test, be bondable and never convicted of a felony crime punishable
by more than 1 year in |
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prison unless they have received a complete pardon. |
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Section 4.3 Composition of Executive Committee |
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(a) The Executive Committee shall consist of a Chief, Assistant Chief,
Secretary/Treasurer and |
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Four (4) Council/Committee Members who are elected by secret ballot of the General
Council. |
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(b) To be eligible to vote, a member must be 18 years of age and on the Tribal Roll
at the time of |
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the election. |
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(c) At the initial election to be held after the ratification of this Constitution,
the positions of Chief |
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and Secretary/Treasurer and the two Committee members with the highest vote totals
will be |
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elected to a four-year term. The positions of the Assistant Chief and two other
Committee |
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members receiving the second highest vote totals will be for a Two (2) year term
initially. |
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(d) At each subsequent election the terms of office shall be four years. |
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(e) Individuals are elected for four year, staggered, terms with no more than
Four individuals |
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being voted upon at any given time. In the event of a vacancy during their term
an election would |
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be held in accordance with the rules deemed in the constitution. Their terms
shall be only for the |
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duration of the term of vacancy that is being filled. |
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(f) These elected individuals shall represent the Tribe in all business matters and
public relations. |
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(g) When the Executive Committee is in session, each Committee Member shall have
one equal |
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vote. The Chief shall cast a vote only in case of a tied vote. |
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(h) The Chief, or Assistant Chief in his or her absence, shall be the official
spokesperson for the |
20 | | tribe. |
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(i) Each elected official can serve for only two (2) consecutive terms (8 years total)
per position. |
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They must skip a term in order to run for that same position again. |
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Section 4.4 Powers and Duties of the Executive Committee |
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The Executive Committee shall have all powers vested in the tribe through its
inherent sovereignty |
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or federal law. It shall execute these powers in accordance with established customs
of the tribe and |
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subject to the expressed limitations contained within the constitution or other
applicable laws. These |
30 | |
powers include but are not limited to the following: |
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(a) The Executive Committee shall execute and carry out the laws and ordinances of
the Nation as |
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enacted by the General Council and the Executive Committee shall exercise any authority
delegated |
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to the Executive Committee by the General Council not already contained in this
Constitution. |
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(b) The Executive Committee shall prepare and administer plans concerning any
management and |
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investments of the assets of the Nation. |
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(c) The Executive Committee shall prepare and adopt an annual operating budget for
the Nation. It |
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will present such budget information at the July meeting of the General Council.
It shall update the |
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information at the January meeting of the General Council and report on compliance
with the |
39 | | budget. |
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(d) The Executive Committee shall negotiate and enter into contracts and other
agreements with |
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all Federal, State, and Local Governments on behalf of the Nation. |
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|
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(e) The Executive Committee shall apply for and accept grant funding
on behalf of the Nation. |
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(f) The Executive Committee shall conduct all routine daily business that is necessary
to |
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operate an efficient and effective government on behalf of the tribal membership.
This shall |
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include, but not limited to the hiring and firing of personnel, the contracting
for goods and service |
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as needed to conduct business for the Nation. |
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(g) The Executive Committee is responsible for establishing written policies to be
used in all tribal |
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businesses and entities. These policies will establish guidelines for the hiring and
firing of personnel. |
9 | |
These policies will allow tribal employees who are members of the Catawba Indian
Nation their |
10 | |
right under the Indian Civil Rights Act. |
11 | |
(h) The Executive Committee shall enforce all laws and ordinances of the General
Council and the |
12 | |
Executive Committee; as well as adopting and implementing all appropriate policies and
procedures |
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governing financial, fiscal, personnel, and purchasing matters. |
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(I) The Executive Committee shall have the right to issue bonds as provided by the
Internal Revenue |
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Codes. |
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Section 4.5 Executive Committee Meetings: |
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Meetings will be held weekly and at any other time as called for on special
occasions. At the 2nd |
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meeting of each month, at least one (1Hr.) shall be open to any members of the Tribe
to present |
21 | |
their opinions on tribal issues to the Executive Committee. Any member
wishing to address will |
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notify the Secretary at least 48 hours prior to the meeting. The Executive
Committee reserves the |
23 | |
right to meet on issues in closed session when it pertains to personnel and other
confidential matters. |
24 | |
The Executive Committee reserves the right to forgo weekly meetings upon
extenuating |
25 | |
circumstances, travel, meetings or other business activity, or the lack of
business issues to be |
26 | | discussed. |
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Section 4.6 Recording Secretary: |
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The Executive Committee shall have the right to appoint a Recording Secretary.
This person shall |
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have no voting powers in Executive Committee meetings. It is the responsibility
of the Recording |
31 | |
Secretary to record and transcribe the minutes of the Executive Committee Meetings
and the General |
32 | |
Council Meetings. The minutes are the property of the Tribe and shall be kept in
a secure and locked |
33 | |
area at all times. The transactions are to be reduced to minutes and distributed
at each Executive |
34 | |
Committee meeting, affirming the accuracy of them, and recorded as official history
and records of |
35 | |
the Tribe. All the Executive Committee Member's votes will be by roll call and duly
recorded by the |
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Recording Secretary. |
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Section 4.6 [sic. 4.7] Judicial System: |
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The General Council may adopt a Tribal Court System as allowed by law pursuant to
Public Law |
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03-116 in the Settlement Act of October 27, 1993. |
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Article V: Vacancies and Removals from Office |
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5.1 Mandatory Declaration of Vacancy: In the event of death, resignation,
permanent |
6 | |
removal from Tribal service area, or removal of any member of the Executive
Committee or |
7 | |
any other elected official of the Nation from [office], or if such committee member
or elected official is |
8 | |
found guilty in any court of a felony involving dishonesty or moral turpitude,
the Executive |
9 | |
Committee shall declare the office of the Committee member to be vacant. |
10 | | |
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12 | | |
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5.2 Failure to Attend Meetings: If a member of the Executive Committee
fails to attend three |
14 | |
consecutive regularly scheduled Executive Committee meetings, without good cause,
illness |
15 | |
or other cause beyond the control of the committee member, the Executive
Committee shall by |
16 | |
majority vote, declare the office held by the absent committee member to be
vacant. |
17 | | |
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5.3 Removal: |
19 | |
Any member of the Executive Committee found guilty of gross misconduct or gross
neglect of |
20 | |
duty shall be removed from the Executive Committee in the following
manner: |
21 | |
(a) In the event that Fifteen percent (15%) of the voting age members of the
Nation present a |
22 | |
written complaint against an Executive Committee member, it will be presented
to the General |
23 | |
Council when in session, alleging that a member of the Executive Committee
has engaged in |
24 | |
conduct constituting gross misconduct or gross neglect of duty as defined in
Section 4.3, together |
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with supporting evidence of the truth of such allegations, the Executive
Committee shall examine |
26 | |
the complaint to determine its merits and its gravity. |
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(b) If upon such examination the complaint is determined sufficient on its face
and is of a serious |
28 | |
nature warranting further inquiry, the Executive Committee shall appoint a
Hearing - Committee |
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consisting of five members of the General Council who are not members of the
Executive |
30 | |
Committee or among the members of the nation filing the complaint. |
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(c) Within 45 days of its appointment, or such reasonable time as may be extended by
the Hearing |
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Committee, not to exceed 60 days, the Hearing Committee shall hold a public hearing
in order |
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to examine evidence related to the allegations and determine whether any further
action is |
34 | | |
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necessitated by the complaint. The hearing procedures shall be recorded and shall
be conducted |
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as an administrative hearing. |
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(d) The Executive Committee member having the complaint filed against them
shall be provided |
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30 days written notice of the date, place and time of the hearing together
with a copy of the |
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complaint. |
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(e) During the hearing the complaining parties shall designate a representative
to present their case. |
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The representative shall have the right to present testimony and other evidence
relevant to the |
42 | |
issue of whether the Executive Committee member being complained against should
be removed |
43 | |
from office and to cross-examine the accused, if the accused testifies and his
witnesses and to |
44 | |
otherwise rebut the evidence presented by the accused. |
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(f) During the hearing the Executive Committee member being
complained against shall have the |
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right to be represented by a person of his own choosing and at his own expense
to confront his |
3 | |
accusers, to present testimony and other evidence relevant to the question of he
should be |
4 | |
removed from office and to cross-examine the witnesses and to rebut the evidence
presented by the |
5 | |
complaining parties. |
6 | |
(g) Within fifteen days of the conclusion of the hearing, the Hearing Committee
shall file a written |
7 | |
report with the Executive Committee summarizing its findings and conclusions
recommending a |
8 | |
dismissal of the complaint or removal from office of the Executive Committee
member |
9 | |
complained against. Upon submittal of the report the work of the Hearing
Committee shall be |
10 | |
completed and the committee shall immediately be dissolved. |
11 | |
(h) Upon receipt of the Hearing Committees' report the Executive Committee shall
meet |
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in Executive session to consider the report and act on its recommendations.
The Executive |
13 | |
Committee shall act on the hearing report by voting to remove Executive Committee
member |
14 | |
complained against from office, if this is the recommendation of the Hearing
Committee. Any |
15 | |
vote to dismiss the complaint or to remove the guilty Executive Committee member
from office |
16 | |
must be by a majority vote. Following any vote for removal, the Executive Committee
shall |
17 | |
immediately enact a resolution declaring the office of the Executive Committee
member |
18 | |
complained against to be vacant. |
19 | |
(i) Filling Vacancies: Any vacancy in the Executive Committee resulting from
application of the |
20 | |
above provisions of this constitution, Section 4.3 a), b) or c), or for any other
cause shall be filled |
21 | |
for the remainder of the term of the vacant office by the procedures of election to
that office. |
22 | | |
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23 | |
Section 5.4 Oath of Office: |
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24 | |
Each elected official of the Nation, prior to assuming the duties of their office,
must take the |
25 | |
following Oath of Office before the General Council. |
26 | |
"I, ______________________, do solemnly swear (affirm); that I will support,
defend, uphold, and |
27 | |
enforce the Constitution of the Catawba Indian Nation and that I will faithfully and
impartially fulfill |
28 | |
the duties of my office to the best of my abilities while always seeking to
promote and protect the |
29 | |
best interest of the Catawba Indian Nation and its people,
so help me God." |
30 | |
The Oath will be administered by the Chief or Assistant Chief. |
31 | | |
32 | | |
33 | | |
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Article VI: General Council |
35 | | |
36 | |
Section 6.1 Definition of The General Council: |
| | |
37 | |
The General Council shall be comprised of all members of the Catawba Indian Nation
who are of |
38 | |
qualified voting age (18 years of age) on the day of a legally called General
Council meeting. |
39 | | |
40 | |
Section 6.2 Meetings and Votes of the General Council: |
| | |
41 | |
These meetings shall be scheduled in the months of January and July. At that time
the Executive |
42 | |
Committee shall make reports on the status of the Nation and discuss any
general business matters. |
|
1 | |
Recommendations for future topics of business or matters to be
voted upon may be made from the |
2 | |
floor of the General Council, seconded from the floor, and placed on the
agenda for the next |
3 | |
meeting. All General Council meetings will be chaired by the Chief,
in His or Her absence by the |
4 | |
Assistant Chief or other elected officials as called upon or deemed required.
The election of officials |
5 | |
shall always be by secret ballot. Except as otherwise provided in the
Constitution, all general votes |
6 | |
taken by the General Council shall be decided by a simple majority provided a
quorum is present at |
7 | |
the time of the vote. A quorum shall consist of Fifteen (15)% of the
eligible voters. |
8 | | |
9 | | |
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10 | |
Section 6.3 Agenda for General Council Meetings: |
| | |
11 | |
(a) The agenda for meetings of the General Council shall be set by the Executive
Committee and |
12 | |
include time for discussion for any old business and new business. The agenda
shall be |
13 | |
posted in all tribal government offices and made available for pickup in these
offices at least |
14 | |
twenty-one (21) days in advance of the General Council meeting. |
15 | |
(b) Copies of the proposed agenda will be mailed upon request from individual
members. |
16 | |
(c) Suggested topics of discussion may be presented or submitted to any Executive
Committee |
17 | |
member thirty (30) days prior to the scheduled General Council meeting. |
18 | |
(d) All minutes from the last General Council meeting must be read, and/or
amended and |
19 | |
approved at the beginning of every General Council meeting.
The minutes will be approved by |
20 | |
a majority show of hands. |
21 | | |
22 | | |
23 | | |
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24 | |
Meetings of the General Council shall be governed by Robert's Rules of Order at
all times. |
25 | |
The Executive Committee may appoint with the approval of the General Council a
Parliamentarian |
26 | |
to facilitate meetings. |
27 | | |
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28 | | |
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29 | |
Section 6.5 Powers of the General Council: |
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30 | |
(a) The General Council retains all powers not herein delegated to the
Executive Committee. |
31 | | |
32 | |
(b) The General Council retains unto itself the right to propose legislation
and amendments, which |
33 | |
do not conflict with the powers and duties of the Executive Committee as
provided by this |
34 | |
Constitution. |
35 | |
(c) The General Council shall receive reports and information from the
Executive Committee at the |
36 | |
Jan. and July meetings on plans concerning management, potential economic
planned ventures and |
37 | |
investments of the assets of the Nation and the progress of the
plans for Economic Development. |
38 | |
(d) The General Council shall approve or disapprove the appointment of
the members of the Election |
39 | |
Board nominated by the Executive Committee. |
40 | |
(e) The General Council must vote on any amendments to the Constitution,
under the procedures of
|
41 | |
Article 9. |
|
1 | |
(f) Special call meetings of the General Council can be called
by a petition of fifteen (15%) of the |
2 | |
voting age members of the tribe. All petitions will be verified as to the
validity of the named |
3 | |
petitioners. The special meeting will be held within 15 days of verification. The date, time, and
|
4 | |
place of the meeting shall be announced by the Chief. |
5 | |
The Chief can call for special meetings at any time as he or she deems
necessary. |
6 | | |
7 | | |
8 | |
Section 6.6 Visit on the Reservation: |
| | |
9 | |
Visitors to the Catawba Indian Nation are subject to the Constitution,
By - Laws and Resolutions of |
10 | |
the Catawba Indian Nation. Authority of enforcement is vested in the
Executive Committee to |
11 | |
uphold the laws of the Catawba Indian Nation. |
12 | | |
13 | | |
14 | |
Section 6.7 Reservation Home Site Application: |
| | |
15 | |
Reservation land can be claimed and utilized by tribal members after
completing an application to |
16 | |
the Executive Committee for the purpose of home sites for families.
Members must furnish proof of |
17 | |
eligibility. |
18 | | |
19 | | |
| | |
20 | |
Article VII: Official Records of
the Catawba Indian Nation |
21 | | |
| | |
22 | |
Section 7.1 Description and Deposition of Records: |
| | |
23 | |
(a) The official records and written history of the Catawba
Indian Nation shall be kept in a location |
24 | |
designated by the Executive Committee and made known to the General
Council; this is to include |
25 | |
all former records. |
26 | |
(b) A copy of these records should also be kept in a second location
in the case of fire, theft, or |
27 | |
weather related hazards. |
28 | |
(c) These records are the property of the Catawba Indian Nation,
accessible to all tribal members |
29 | |
upon written request, and after the information request form has been completed.
These will become | |
30 | |
records for the Tribe. |
31 | |
(d) These records include, but not limited to, all minutes, statements,
records, and ballots of the |
32 | |
governing bodies of the Tribe. To see or view these records a written
request must be made to the |
33 | |
Secretary/Treasurer office, and all public records will be provided
upon request. |
34 | |
(e) No confidential information on another tribal member shall be
divulged at any time. |
35 | | |
36 | | |
| | |
37 | |
Article VIII: Elections |
38 | | |
| | |
39 | |
Section 8.1 Administration of Elections: |
|
1 | |
The Executive Committee with the approval of the General
Council shall establish an Election Board |
2 | |
for conducting all elections. This Board will be charged with conducting
the election, filing |
3 | |
procedures, voter registration, providing notices to eligible voters
of the election and the counting of |
4 | |
all votes. The Election Board shall be responsible for developing
an Election Ordinance, which will |
5 | |
be presented to the Executive Committee for final approval. The ordinance
must provide for voting |
6 | |
to occur over a two day period, with the voting polls open for
twelve hours each day. The members |
7 | |
of the Board shall serve a term of two (2) years. |
8 | | |
9 | | |
10 | |
Section 8.2 Voting Age: |
| | |
11 | |
All members of the Catawba Indian Nation who are at least 18 years
of age on the voting date and |
12 | |
are either base enrolled of a lineal descendant of a base enrollee
shall be an eligible voter. |
13 | | |
| | |
14 | |
Section 8.3 Voting Requirements: |
| | |
15 | |
(a) All eligible tribal members must present an identification card
(tribal identification card or |
16 | |
current validate drivers license) prior to voting and their names will be verified as being on the final
|
17 | |
base membership roll and checked off prior to voting. |
18 | |
(b) Elections under the new adopted Constitution by the General
Council shall use the July 24, |
19 | |
2000 final base membership roll in determining whom is
eligible to vote. |
20 | | |
21 | | |
22 | |
Article IX: Amendments |
23 | | |
24 | |
Section 9.1 Process: |
| | |
25 | |
The Constitution and By - Laws of the Catawba Indian Nation may be
amended by a magority vote |
26 | |
of the General Council what at least thirty (30)% of the qualified voters are participating. Any vote
|
27 | |
of the General Council that involves an amendment of this Constitution
shall only occur after at least |
28 | |
thirty days written notice is given to all qualified members. |
29 | | |
30 | | |
31 | |
Article X: Initiative and Referendum |
| | |
32 | |
Section 10.1 Initiative |
33 | | |
34 | |
The Executive Committee shall submit any proposed ordinance or
resolution, except those regarding |
35 | |
land, housing or the adoption of tribal members. An initiative petition
requires at least thirty percent |
36 | |
(30%) of the eligible voters of the tribe or upon the request of the
majority members of the Executive |
37 | |
Committee. The initiative election shall be held within sixty (60)
days after receipt of the qualifying |
38 | |
number petition signatures or at the Executive committee's request.
The vote of the majority of the |
39 | |
eligible voters shall decide whether the proposed ordinance or
resolution should therefore be in |
40 | |
effect, provided, that at least thirty percent of the eligible shall vote
in such initiative. |
41 | | |
|
1 | |
Section 10.2 Referendum: |
2 | | |
3 | |
The Executive Committee shall submit any enacted ordinance,
resolution or other official action of |
4 | |
the Executive Committee, except those regarding land, housing or the
adoption of tribal members, to |
5 | |
popular referendum upon petition of at least thirty percent (30%)
of the eligible voters of the tribe or |
6 | |
upon the request of the Executive Committee. The referendum election
shall be held within sixty |
7 | |
(60) days after the receipt of the qualifying number of petition
signatures. The majority of the |
8 | |
eligible voters in such a referendum shall decide whether the enacted
ordinance, resolution or other |
9 | |
official action shall therefore be in effect provided that at least
thirty percent (30%) of the eligible |
10 | |
voters shall vote in such a referendum. |
11 | | |
12 | | |
13 | | |
14 | | |
15 | |
Section 10.3 Procedures |
16 | | |
17 | |
Initiative and referendum elections shall be conducted by the
election board and shall be held in |
18 | |
accordance with the provision of an election ordinance which
shall include a section on initiative and |
19 | |
referendum procedure. |
20 | | |
21 | | |
22 | | |
23 | | |
24 | |
Article XI: Adoption |
25 | | |
26 | |
Section 11.1 Process for adoption of Constitution: |
| | |
27 | |
The Constitution of the Catawba Indian Nation shall be adopted by a
majority vote of the General |
28 | |
Council when at least thirty (30) % of the qualified voters are
participating. Thirty (30) days prior to |
29 | |
a vote on this constitution, all qualified members of the General
Council shall receive a copy of the |
30 | |
proposed Constitution for their review. |
31 | | |
32 | | |
| | |
33 | |
Section 11.2 Procedure to Follow Adoption: |
| | |
34 | |
(a) The results of the Constitution vote shall be certified, and the
results announced at the next |
35 | |
General Council meeting to be held within thirty days after the vote.
The current members of the |
36 | |
Executive Committee shall serve as leaders of the Tribe,
fully subject to the terms of the |
37 | |
constitution, until such time as an election is held in accordance
with the Legislative Settlement of |
38 | |
1993 and the Constitution and new Executive Committee members are
installed in office. |
39 | |
(b) Elections for a new Executive Committee shall be held no later
than one hundred twenty (120) |
40 | |
days after the adoption of a new constitution. |
41 | |
(c) Ballots will designate the names of all candidates, the
office for which they are running, and the |
42 | |
terms for that office. This information shall be mailed at least 45
days prior to the election date. |
1 | |
The elected officials shall take office 30 days after
the vote has been certified and they are dully |
2 | |
sworn into office by outgoing officers. |
3 | | |
4 | | |
5 | |
CERTIFICATION OF ADOPTION |
6 | | |
7 | |
I, the undersigned Secretary/Treasurer of the Catawba Indian
Nation's Executive Committee,do |
8 | |
hereby certify that this Constitution is a true and correct copy of the
Constitution adopted for the |
9 | |
Catawba Indian Nation by the General Council vote of _______ for,
and _______ against, on the Month |
10 | |
of __________, Date _______, Year ______. |
11 | | |
| | |
12 | |
__________________________________ Secretary/Treasurer |
13 | | |
14 | |
Witnessed By the Following Executive Committee Members: |
| | |
| |
__________________________________ |
Chief |
|
__________________________________ |
Assistant Chief |
|
|
| |
__________________________________ |
Executive Committee |
|
__________________________________ |
Executive Committee |
|
|