Constitution and Bylaws of the Sauk-Suiattle Indian Tribe – The Constitution • Constitution.com

PREAMBLE

We, the members of the Sauk – Suiattle Indian Tribe, by virtue of our sovereign and aboriginal rights as an Indian Tribe, and pursuant to the authorities conferred by the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), do hereby establish this constitution for the Sauk – Suiattle Indian Tribe for the purpose of establishing a tribal community organization, fostering the social and economic advancement of our people, securing justice, freedom and political independence; and for preserving our community resources and our cultural identity and heritage for the welfare and benefit of our tribal membership.

ARTICLE I NAME AND TERRITORY

Section 1

The name of the Indian tribe shall be the Sauk – Suiattle Indian Tribe.

Section 2

The jurisdiction of the Sauk – Suiattle Indian Tribe, exercised by the people or delegated to the tribal council, shall extend to all land within the exterior boundaries of the Sauk – Suiattle reservation and to such other lands as may be acquired by purchase, gift, act of congress, or otherwise, to the full extent permitted by federal law.

Section 3

Nothing in this article shall restrict treaty hunting and fishing rights which may be established as belonging to the tribe, including the right to hunt and fish in the usual and accustomed places.

ARTICLE II MEMBERSHIP

Section 1

The membership in the Sauk – Suiattle Indian Tribe shall extend to the following persons provided they do not hold membership in another tribe except as provided for under the provisions of honorary membership.

(A) All persons of Sauk – Suiattle Indian blood whose names appear on the Skagit – Suiattle (Public Domain) census roll dated January 1, 1942

*(B) All persons who possess at least one-fourth (¼) Indian blood born since the date of said roll who are direct descendants of persons named on base roll.

*(C) Corrections may be made in the tribal membership roll at any time by the tribal council, subject to the approval of the secretary of the interior or his authorized representative.

*Section 2

The Sauk – Suiattle Indian tribe shall have the power to pass ordinances, governing future membership including adoption, honorary membership and loss of membership, subject to the approval of the secretary of the interior or his authorized representative.

ARTICLE III GOVERNING BODY

Section 1

The governing body of the Sauk – Suiattle Indian Tribe shall be known as the Sauk – Suiattle Tribal Council.

Section 2

The tribal council shall consist of seven (7) members duly elected by the eligible voters, each of whom shall serve a term of three (3) years.

Section 3

The tribal council shall elect annually from its own members a tribal chairman who shall be the chief administrative official of the tribe.

Section 4

The tribal council shall elect from its own members a vice-chairman, a secretary, and a treasurer, annually. The council may also appoint such other officials and committees, either from within or without the council. As in the tribal council’s discretion are necessary. Officials or committee members appointed from without the council’s membership shall not be considered members of the council.

Section 5

The first election of the tribal council hereunder shall be called, held and supervised by the present tribal council within sixty (60) days after the ratification and approval of this constitution. For the first election, the two candidates receiving the highest number of votes shall hold office for three (3) years, the next three highest for two (2) years, and the two next highest for one (1) year; and shall hold his office until their successors are duly elected and installed. Thereafter, each elected council member shall hold his office for three (3) years, or until his successor is duly elected and installed, unless the term is concluded prior to that time pursuant to other provisions of this constitution.

Section 6

Joint Land Use Committee: The Chairman of the Sauk-Suiattle Indian Tribe and committee members designated by the tribal council shall work in conjunction with representatives of the Upper Skagit Indian Tribe to transact business regarding common property taken pursuant to the Act of June 30, 1913 (38 Stat. 101), for the Upper Skagit and Sauk-Suiattle Tribes.

ARTICLE IV ELECTIONS AND NOMINATIONS

Section 1

An election board shall be appointed by the tribal chairman, confirmed by the tribal council, to supervise and administer all elections in conformity with established tribal ordinances, and in accordance with this constitution.

Section 2

Any enrolled member of the Sauk – Suiattle Indian Tribe eighteen (18) years of age or over at the time of election shall have the right to vote in any election.

Section 3

The tribal council shall enact an ordinance to provide for the conduct of elections, including provisions establishing an election board, absentee voting, and the use of a secret ballot.

*Section 4

General elections for the tribal council positions shall be held annually during the month of December. The times and places of voting shall be designated by the tribal council, and appropriate public notice shall be given sixty (60) days prior to the election.

ARTICLE V VACANCIES AND REMOVAL

*Section 1

If a member of the tribal council or other elected official shall die, resign, or be found guilty of a felony; or of a misdemeanor involving dishonesty, in any Indian, state or federal court, the tribal council shall declare the position vacant and shall appoint a new member to serve until the next regular election when a successor shall be elected.

Section 2

Any member of the tribal council found guilty of a misdemeanor, gross neglect of duty or malfeasance in office may be removed from office by a two-thirds (2/3) vote of the tribal council only after the individual has had full notice of the charges and an opportunity to be heard. The tribal council shall enact an ordinance clearly establishing the procedures for removal.

Section 3

The general tribal membership may remove a tribal councilman from his position by filing a petition with the secretary of the tribal council. The petition must be signed by at least twenty-five percent (25%) of the eligible tribal voters asking for the removal of said council member and must detail the alleged misconduct of the tribal council member. Upon receipt of a valid petition, the tribal council shall hold, within thirty (30) days, a special meeting of the general membership to consider such removal. The named council member shall have an opportunity to respond to written charges presented to him at least ten (10) days prior to said meeting. A majority vote of the eligible voters present at said meeting shall decide whether such person is to be removed; provided at least thirty percent (30%) of the eligible voters present shall vote in said meeting.

Section 4

If a member of the tribal council shall be removed, die or resign his position, the tribal chairman, subject to the approval of the tribal council, shall appoint an eligible tribal member to fill the vacant position until the next general election when a successor will be elected for the unexpired term.

ARTICLE VI REFERENDUM

Upon receipt of a petition signed by at least twenty-five percent (25%) of the eligible voters of the Sauk – Suiattle Indian Tribe, or upon request of a majority of the tribal council, the chairman shall call a meeting of the tribe within fifteen (15) days from the date the petition or request is received to vote on any enacted or proposed ordinance or resolution. A majority of the eligible voters who vote in such a meeting shall decide whether the ordinance or resolution shall be in effect; provided that at least twenty-five percent (25%) of the eligible voters shall vote.

ARTICLE VII POWERS OF THE COUNCIL

Section 1

Enumerated Powers The Sauk – Suiattle Tribal Council shall have the following powers subject to all applicable laws of the United States, this constitution, and the regulations of the Secretary of the Interior; and the approval of the Secretary when required by Federal law.

(A) To represent the tribe and act in all matters that concern the welfare of the tribe and to make decisions not inconsistent with, or contrary to this constitution.

(B) To negotiate with the Federal, state and local governments on behalf of the tribe, and to advise and consult with the representatives of the Department of the Interior on all activities of the Department that may affect the Sauk – Suiattle Indian Tribe.

(C) To borrow money from the Federal Government or other lenders for tribal use, and to pledge or assign future tribal income as security for such loans.

(D) To administer any funds or property within the exclusive control of the tribe, and to make expenditures from available funds for public purposes of the tribe, including salaries and remuneration of elected officials and tribal employees.

(E) To administer charity.

(F) To manage all economic affairs and enterprises of the tribe.

(G) To levy taxes upon non-members subject to the approval of the Secretary of the Interior and to pass ordinances authorizing the levy and collection of taxes from members of the tribe.

(H) To charter subordinate organizations for economic purposes and to regulate the activities of all cooperative associations of members of the tribe by ordinances.

(I) To regulate the conduct of businesses owned or operated by nonmembers when such business is located on tribal land, subject to the approval of the Secretary of the Interior.

(J) To encumber, lease, mortgage, sell (provided that any sale must be approved first by a majority of the eligible voters of the tribal organization at a meeting at which a quorum is present), zone, manage, or provide for management of, tribal organization lands, interests in such lands, or other organizations assets; to purchase or otherwise acquire lands or interests in lands within or without the reservation; and to regulate the use and disposition of tribal organization property of all kinds, subject to the approval of the Secretary of the Interior wherever such approval is required. To veto the sale, disposition, lease or encumbrance of tribal organization lands, interests in lands, or other organization assets.

(K) To take land in trust in the event the Congress of the United States or other Federal laws so provide.

(L) To allow the owner of restricted land and/or fee patent land to voluntarily convey his land to the Sauk – Suiattle Indian Tribe.

(M) To develop and adopt regulations for the protection of wildlife and natural resources of the Sauk – Suiattle Tribe on any property which may be currently owned or acquired for the Sauk – Suiattle Indian Tribe in the future.

(N) To adopt resolutions and ordinances regulating the procedure of the tribal council itself and of other tribal agencies and tribal officials.

(O) To employee legal counsel for the protection and advancement of the rights of the tribe and its members. The choice of counsel and fixing of fee to be subject to approval of the Secretary of the Interior.

*(P) To promulgate and enforce ordinances governing the conduct of all persons within the jurisdiction of the Sauk – Suiattle Indian Tribe, and providing for the maintenance of law and order and the administration of justice by establishing a court system and defining its duties and powers.

Section 2 Future Powers

The tribal council of the Sauk – Suiattle Indian Tribe may exercise such further powers as may in the future be delegated to it by the Secretary of the Interior, or by any other duly authorized official or agency of government.

Section 3

Any rights and powers heretofore vested in the Sauk – Suiattle Indian Tribe, but not expressly referred to in this constitution, shall not be abridged by this article, but may be exercised by the people of the Sauk – Suiattle Indian Tribe through the adoption of appropriate bylaws and constitutional amendments.

ARTICLE VIII BILL OF RIGHTS

All members of the Sauk – Suiattle Indian Tribe Shall be accorded equal rights pursuant to tribal law. No member shall be denied any of the rights or guarantees enjoyed by citizens under the Constitution of the United States, freedom of speech, the right to orderly association or assembly, the right to petition for action or the redress of grievances, and due process of law. The protection guaranteed to persons by Title II of the Civil Rights Act of 1968 (82 Stat. 77) against actions of an Indian entity in the exercise of its powers of self-government shall apply to the members of the Sauk – Suiattle Indian Tribe.

ARTICLE IX AMENDMENTS

Section 1

This Constitution may be amended at an election called by the Secretary of the Interior:

(A) Whenever, by majority vote of the tribal council, the governing body of the tribe shall authorize the submission of a proposed amendment to the electorate of the tribe, or,

(B) Whenever a petition signed by a minimum of thirty percent (30%) of the eligible voters of the tribe is presented to the Secretary requesting that he call such an election.

Section 2

If, at such election, the amendment is adopted by majority vote or the qualified voters of the tribe voting therein, and if the number of ballots cast represents not less than thirty percent (30%) of the qualified voters, such amendments shall be submitted to the Secretary of the Interior or his authorized representative and shall be effective upon approval.

APPROVAL

I, Stanley Speaks, Area Director, Bureau of Indian Affairs, Portland, Oregon, by virtue of the authority granted to the Secretary of the Interior of the United States, by the Act of June 18, 1934 (48 Stat. 984), as amended, and delegated to the Commissioner of Indian Affairs by 230 DM 1.1 and redelegated to me by 10 BIAM 3.1, do hereby approve the foregoing Amendment 1 to the Constitution and Bylaws of the Sauk – Suiattle Indian Tribe. This Amendment was adopted by a majority of the qualified voters of the said Sauk-Suiattle Indian Tribe voting July 21, 1984.

(Sgd) Stanley Speaks

Area Director Bureau of Indian Affairs

Portland, OR

Date __________________________________

APPROVAL

I, (Sgd) Morris Thompson, ___________________________ Commissioner of Indian Affairs, by virtue of the authority granted to the Secretary of the Interior by the Act of June 18, 1934 (48 Stat. 984), as amended, and delegated to me by 230 DM 1.1, do hereby approve the Constitution and Bylaws of the Sauk-Suiattle Indian Tribe.

(Sgd) Morris Thompson

Washington, D.C.

Date: SEPT 18 1975

*Amendments A, B, D, D, E, F, & G

Approved by Area Director 08/06/84.

BYLAWS OF THE SAUK – SUIATTLE INDIAN TRIBE

ARTICLE I DUTIES OF OFFICERS

Section 1 Chairman of the Tribal Council

The chairman shall preside over all meetings of the tribal council and the general tribal membership and shall be the chief administrative officer exercising any authority delegated to him by the tribal council. He shall vote only in the case of a tie.

Section 2 Vice-Chairman of the Tribal Council

The vice-chairman shall assist the chairman when called upon to do so and, in the absence of the chairman, shall preside at all meetings and assume all functions of the chairman.

Section 3 Secretary of the Tribal Council

The Secretary shall be responsible for all tribal correspondence and shall keep accurate records of all maters transacted at tribal council meetings. It shall be the secretary’s duty to submit promptly to the Agency Superintendent and to the Commissioner of Indian Affairs copies of all resolutions, ordinances and minutes of regular and special meetings of the tribal council.

Section 4 Treasurer of the Tribal Council

The treasurer shall accept, receive, receipt for, preserve and safeguard all funds in the custody of the tribal council, whether same be tribal funds or special funds for which the tribal council is acting as trustee or custodian. He shall deposit all such funds in such bank or elsewhere as directed by the tribal council and shall make and preserve a faithful record of such funds and shall report on all receipts and expenditures and the amount and nature of all funds in his possession or custody, such report being made in writing to the tribal council at regular meetings and at such other times as requested by the tribal council.

He shall not pay out or otherwise disburse any funds in his possession or custody, or in the possession or custody of the tribal council, except which properly authorized to do so by resolution duly passed by the council.

The books and records of the treasurer shall be audited by a competent auditor employed by the tribal council at least once a year at such times as the tribal council or the commissioner of Indian Affairs may direct.

The treasurer shall be required to give a bond satisfactory to the tribal council and to the Commissioner of Indian Affairs, such bond to be financed by appropriate tribal funds.

*Section 5 Appointive Positions

The duties of all appointive committee or officials of the tribe shall be clearly defined by ordinance of the tribal council at the time of their creation or appointment. Such committees or officials shall report from time to time as required to the tribal council, and their activities and decisions shall be subject to review by the tribal council.

ARTICLE II QUALIFICATIONS OF THE MEMBERS OF THE TRIBAL COUNCIL

No person shall be a candidate for membership in the tribal council unless he shall be a member of the Sauk – Suiattle Indian Tribe and shall be at lease 21 years of age.

ARTICLE III CERTIFICATION OF ELECTION

It shall be the duty of the election board to certify the election of the duly elected members. This shall be done within five (5) days after the election and the certificate filed with the secretary of the tribal council.

ARTICLE IV INSTALLATION OF COUNCILMEN

Newly elected members who have been duly certified shall be installed at the first regular meeting of the tribal council following the election upon subscribing to the following oath given in the presence of the council, which shall be administered by the incumbent tribal chairman and certified by the incumbent secretary and placed permanently in the minutes: “I ______________________________ do hereby solemnly swear (or affirm) that I shall preserve, support, and protect the Constitution of the United States, and the Constitution and Bylaws of the Sauk-Suiattle Indian Tribe to the best of my ability, so help me God.”

ARTICLE V SALARIES

The tribal council may prescribe such salaries of members of the council as it deems advisable. After the first council elected under the constitution sets its initial salary, no further salary changes for council members shall become effective until approved by majority vote of the general council at its annual meeting.

ARTICLE VI TIME AND PLACE OF REGULAR MEETINGS AND PROCEDURE

Section 1 Meeting Regular meetings of the council shall be held on the first Friday of each month at a designated building or hall where official records shall be kept. Special meetings shall be called by a written notice signed by the chairman, or by a majority of the tribal council; and, when so called, the tribal council shall have the power to transact business as in regular meetings.

*Section 2 Annual Meeting of the General Tribal Membership

The Chairman of the Tribal Council shall call a meeting of the general tribal membership annually during the month of November, at which time he shall report to the membership what has been done during the past year and set forth the plans for the tribal council for the coming year. This shall be freely discussed by the tribal members at the general meeting, and the wishes of the people may be expressed by resolution, which shall govern the future actions of the tribal council, to be carried into effect by appropriate ordinances or resolutions.

Section 3 Quorum

No business shall be transacted by the Sauk – Suiattle Indian Tribal Council unless a quorum is present. A quorum shall consist of four (4) members of the tribal council.

A quorum of the general tribal membership shall consist of twenty (20) voting members at the annual meeting and fifteen (15) voting members at any special meeting.

Section 4 Order of Business

The following order of business is established for all meetings:

Call to Order by the chairman.

Roll call.

Ascertainment of a quorum.

Reading of the minutes of the last meeting.

Adoption of the minutes by vote or consent.

Unfinished business.

New business.

Adjournment.

Section 5 Ordinances and Resolutions

All questions of procedure shall be decided by the ruling of the chairman in all ordinances, resolutions, or motions the tribal council may act by majority vote unless otherwise provided. Parliamentary procedure shall otherwise be governed by Robert’s Rules of Order.

Section 6 Legislative Forms

Every ordinance shall begin with the words: “Be it enacted by the tribal council of the Sauk – Suiattle Indian Tribe.” Every resolution shall begin with the words: “Be it resolved by the tribal council of the Sauk – Suiattle Indian Tribe.”

ARTICLE VII ADOPTION

This constitution and bylaws, when adopted by a majority of the qualified voters of the Sauk – Suiattle Indian Tribe voting in a special election called by the Secretary of the Interior in which at least thirty percent (30%) of the qualified voters vote, shall be submitted to the Secretary of the Interior for his approval and shall be effective from the date of approval.

APPROVAL

(Sgd) Stanley Speakes

Bureau of Indian Affairs

Portland, OR

Date __________________________________

APPROVAL

I, (Sgd) Morris Thompson, Commissioner of Indian Affairs, by virtue of the authority granted to the Secretary of the Interior by the Act of June 18, 1934 (48 Stat. 984), as amended, and delegated to me by 230 DM 1.1 do hereby approve the Constitution and Bylaws of the Sauk-Suiattle Indian Tribe.

(Sgd) Morris Thompson

Commissioner of Indian Affairs

Washington, D.C.

Date Sep 17, 1975

*Amendments A, B, C, D, E, F, & G

Approved by Area Director 08/06/84