ARTICLE I
WESTERN CHEROKEE NATION TRIBAL COUNCIL
Section 1. Authority to act concerning the following matters
shall be vested in the Western Cherokee Nation’s Tribal Council unless
specifically designated.
a. Approval of annual budget, control of the nations funds and
financial accountability.
b. Claims.
c. Sale of tribal land.
d. Purchase of tribal land.
e. Long term industrial, commercial, or development leases.
f. Contracts with federal, state, local government or private firms.
g. Legal council contacts and any or all employment of attorneys.
h. Ratify selection of tribal employees.
i. All local, state, or Federal grants or loans to the Nation.
j. All appropriation of new funding.
k. Appointment and oversight of all committees deemed necessary to
the function of tribal government, including the establishment of any
Business Committees that are to operate non-profit corporations on the
Nation’s behalf.
l. In cases of issues that require immediate attention between
Council meetings, the Tribal Council may take appropriate action after
conducting a poll of the Tribal Council, which must be made official by an
official recounting of the poll results at the next Tribal Council meeting.
m. All powers not vested in the Executive Offices by ARTICLE II of
this Constitution shall be retained by the Tribal Council.
Section 2. The Western Cherokee Tribal Council shall be the
Legislative body of the tribe, composed of fourteen (14) tribal members who
are at least twenty-one (21) years of age. No person shall simultaneously
serve on both the Tribal Council and either the Board of Tribal Elders or
the Executive Office. The above individuals shall be empowered to act on
those matters outlined in Section 1 of this article. Such matters shall be
presented and discussed at meetings of the Tribal Council pursuant to
Section 5. One Tribal Council member shall be elected to a four (4) year
term from each of fourteen voting districts established by the election
board. One half (7) of the districts shall elect their Tribal Council
members in each even-numbered year that is divisible by four; the other
seven districts shall elect their Tribal Council members in each
even-numbered year that is not divisible by four. The Tribal Council
members shall see that the wishes and best interest of their districts are
represented at the meetings of the Tribal Council.
Section 3. Whenever it becomes necessary, the Western Cherokee
Nation shall employ tribal employees. The employees shall be tribal
members, if at all possible, but may not be elected officials of the tribe
or immediate family of elected officials. Applicants must apply to the
Secretary who shall submit all applications at the next meeting of the
Tribal Council for a vote to employ tribal employee(s). The funds for salary
may be allocated funds, tribal funds, state or federal funds, or funds
provided by any organization, foundation, or other sources as long as
approved by Tribal Council. Any and all tribal employees shall come under
jurisdiction of this Constitution and by-laws. A work and expense report of
and by employees shall be submitted to the Secretary each quarter and be
presented quarterly to the General Council.
Section 4. Any right and power heretofore vested in the Western
Cherokee Tribal Council but not expressly referred to in this constitution
and by-laws shall not be abridged but these rights or powers may be
exercised by the membership of the Western Cherokee Nation through the
adoption of appropriate amendments. By this article, all powers not
expressly vested in the Tribal Council are reserved by the people of this
Nation.
Section 5. The purpose of the meetings of the Tribal Council
shall be to give information to discuss and make decisions as to matters
pertaining to the people of the Western Cherokee Nation. Council’s official
position on all matters shall be reflected in the vote and/or minutes taken
at each meeting. No comments or opinions of individuals should be reflected
in the official release of the minutes.
Section 5a. Special meetings of the Tribal Council shall be
called by either the Tribal Council or the Executive Office whenever it is
deemed necessary by a majority vote of either body. When possible fifteen
(15) days advance notice will be given. There shall also be bimonthly
meetings, of both the Executive Office and the Tribal Council, at a time and
place to be determined by the Tribal Council.
Section 5b. All members of the Tribal Council are expected to attend
all regularly scheduled meetings of the Tribal Council. If for a valid
reason they cannot attend, they must notify the Council Secretary.
Traditional Principals shall prescribe the voting and absence of meetings.
Section 5c. There shall be a council Chairman
Speaker elected by the Tribal
Council to preside over meetings of the Tribal Council. Also, a council
Vice-Speaker will be elected to preside in the absence of the council Speaker.
(Amended 06/07/03)
Section 5d. There shall be a council Secretary chosen annually by
the membership of the Tribal Council. The duties of the council Secretary
are as follows:
a. The council Secretary shall provide, to the Tribal Council and
the Executive Office, notice of meetings of the Tribal Council at least two
weeks prior to the meeting or within one week of the establishment of the
meeting.
b. The agenda for the meeting shall be prepared by the council
Secretary with input from the Executive Office and Tribal Council. This
agenda shall be distributed by the Council Secretary along with notice of
the meeting.
c. The council Secretary shall see that minutes are taken at all
meetings of the Tribal Council.
Section 6. No business of any nature shall be conducted unless a
quorum is present. A quorum shall consist of majority of the seated Tribal
Council. Decisions shall be reached by those present but in each case if
the Principal Chief is not present the Principal Chief must be informed of
any action taken by those present. The Tribal Council may reverse any
actions or votes taken by the Executive Office within sixty-five (65) days
of the Executive Office meeting.
Section 7. Conduct of Meetings
a. All meetings shall be conducted in accordance with Traditional
Principals unless otherwise approved by a majority vote in advance.
b. Any person wishing to express his/her opinions during the course
of a meeting shall first obtain consent of the Council for the right to
speak. He/she will then be permitted to address the Council in either
Cherokee or English. If in Cherokee the Council may require a translation
to English.
(Section 5, b, and 7, a Amended 10/09/04)
ARTICLE II
WESTERN CHEROKEE NATION EXECUTIVE OFFICE
Section 1. The Western Cherokee Executive Office, a three (3)
member body empowered to act on those matters outlined herein. This office
shall represent the Western Cherokee Nation in all official external matters
and shall conduct the day-to-day business of the tribe.
Section 2. The Western Cherokee Nation Executive Office shall
consist of the following:
a. Principal Chief
b. Vice Chief
c. Tribal Treasurer
These officers will be non-voting observers at Tribal Council meetings
unless the Vice Chief, or in his/her absence another designated appointee,
is assigned by the General Council to vote to break a tie.
Section 3. The term of office for each of the officers shall be
for a period of four (4) years and/or until a successor is duly elected and
installed in office. No person shall be elected to the office of Principal
Chief more than twice, and no person who has held the office of Principal
Chief, or has acted as Principal Chief, for more than two years of a term of
which some other person was elected Principal Chief shall be elected to the
office of the Principal Chief more than once. No person shall be elected or
appointed to the position of Vice Chief who is ineligible to serve as
Principal Chief.
Section 4. All members of the Western Cherokee Nation who have
reached the age of twenty-eight (28) shall be eligible to serve as members
of the Executive Office and run for elected office, except for the Tribal
Treasurer position, which is an appointed position by the Principal Chief
and approved by the Tribal Council. No person shall simultaneously serve on
both the Executive Office and either the Board of Tribal Elders or the
Tribal Council. All members of the Executive Office must possess Western
Cherokee membership. The above notwithstanding, no one may serve as an
Executive Office member who has previously convicted in a court of competent
jurisdiction of a felony in the past 10 years involving dishonesty.
Section 5. The Western Cherokee Nation’s Executive Office shall
be empowered to take necessary action on the following.
a. Revocable permits, farm and grazing leases, oil, gas, and mineral,
easements, and rights or ways, subject to approval of the council.
b. Appoint subordinate committees, with approval of Tribal Council.
c. Prepare annual budgets for submission for approval of the Western
Cherokee Nation’s Tribal Council.
d. Accept applications for tribal employment and submit all
applications to the Tribal Council for selection.
e. Recommend term of employment and salary for tribal employees to
the Tribal Council.
f. To promulgate and enforce ordinances and codes governing law,
order and peace, health, safety and general welfare, on land determined to
be within tribal jurisdiction, subject to the laws of the states and
approved by the Tribal Council.
g. In cases of issues that require immediate attention between
Council meetings, the Principal Chief may take appropriate action after
conducting a poll of the Tribal Council, which must be made official by an
official recounting of the poll results at the next Tribal Council meeting.
h. Any and all actions and decisions of the Executive Office may be
overturned or upheld by the Tribal Council if it proves to be, in the Tribal
Council’s opinion, necessary to protect the nation. This will require a 2/3
vote of the Tribal Council.
Section 6. When it is deemed necessary for a delegation to
represent the Western Cherokee Nation, the delegates are to be chosen by the
Principal Chief and approved by Tribal Council. Delegates shall be held to
a minimum as requirements dictate. Delegates cease to be delegates when
their specific representative function is completed. When a delegation is
authorized, it shall act for the Western Cherokee Nation. No matter
affecting tribal matters shall be discussed with local, state, or federal
officials unless it has been previously approved by the Executive Office and
include an authorizing resolution of the Tribal Council. A full written
report of the delegates’ findings shall be given to the council Secretary,
forwarded to the Principal Chief, given to the Tribal Council at its next
regularly scheduled meeting, and appropriately publicized for the
information of tribal members after the delegation returns from meeting with
local, state or federal officials.
Section 7. Any right and power heretofore vested in the Western
Cherokee Executive Office but not expressly referred to in this constitution
and by-laws shall not be abridged but these rights or powers may be
exercised by the membership of the Western Cherokee Nation through the
adoption of appropriate amendments. By this article, all powers not
expressly vested in the Executive Office are reserved by the Tribal Council
or the people of this Nation.
Section 8. The Executive Office will consist of the following:
a. (Principal Chief) The Principal Chief shall serve as the
political representative for the people of the Western Cherokee Nation, and
shall perform all of the duties pertaining to the office of Principal Chief.
b. (Vice Chief) The Vice Chief of the Western Cherokee Nation
shall act as an assistant to the Principal Chief in carrying out the
political objectives of the Western Cherokee Nation. The Vice Chief shall
act as the Principal Chief in the temporary absence of the Principal Chief;
and if the Principal Chief vacates his/her position the Vice Chief shall
assume the duties of said office until a successor is duly elected and
installed in office pursuant to Section 3.
c. (Tribal Treasurer) The Tribal Treasurer of the Western Cherokee
Nation shall be recommended by the Principal Chief and approved by a
majority vote of the Tribal Council. The Tribal Treasurer must have
knowledge of general accounting and book keeping. He/she shall be
responsible for each yearly budget allowance received by the Executive
Office and shall keep an accurate account of all receipts and disbursements
from this budget allowance. The Tribal Treasurer shall make appropriate
reports (of all accounts) to the Executive Office and present summary
reports to the Tribal Council on a bi-monthly basis. The accounts and
records of the Western Cherokee Nation shall be open at all times for
inspection and audit by the Tribal Council and the Attorneys General of the
States of Arkansas and Missouri and the United States in accordance with the
policy established by the Executive Office. All budget funds entrusted to
the care of the Tribal Treasurer shall be kept in special accounts
authorized by the Executive Office and all disbursements thereof shall be
made from checks countersigned by another member of the Executive Office
after approval to pay bills is given by the Tribal Council. All
disbursements of tribal funds shall be made under authority of a
properly-exercised resolution of the Tribal Council. The Tribal Treasurer
once appointed will be a member of the Executive Office.
Section 9. Special meetings of the Executive Office may be called
by the Principal Chief or upon a request of a majority of the Executive
Officers. Purpose of special meetings will be discussed in detail at the
next General Council meeting.
ARTICLE III
WESTERN CHEROKEE NATION BOARD OF TRIBAL ELDERS
Section 1.
There shall be a Board of Tribal elders composed of
not more than fourteen (14) tribal members, who shall be at least forty five
(45) years of age, and members in good standing. The board of Tribal
Elders constitutes the judicial branch of the nation’s government. They
shall be recommended by the Executive Office and confirmed by the Tribal
Council. No person shall simultaneously serve on both the Board of Tribal
elders and either the Tribal Council or the Executive Office. No person
shall serve on both the Board of Tribal Elders and the Election Board at the
same time. The term of office for members of the Board of Tribal Elders is
six (6) years with the date of the most recent past election being the
appointment date, with no limit as to how many times they can be
re-appointed. A quorum for a meeting of the Elders will be at least 2/3 of
the elders who have been appointed and remain active in the position.
Elders may have meeting via phone or Internet and may vote in that manner.
All official correspondence on Elder concerns, decisions, or votes must be
reported to the Tribal Council by an Elder designated by the group to do
so. A majority vote of existing elders shall constitute a judicial
decision.
Section 2. Action of the Board of Tribal Elders may be initiated
by a request from the Executive Office, the Tribal Council, or a tribal
member. A Board of Tribal Elders recorder or secretary shall keep records
on all proceedings. All decisions of the Board of Elders as to whether an
issue is to be submitted for a vote of the Tribal Council or a vote of the
general membership shall be final.
Section 3. It shall be the responsibility of the Board of Elders
pursuant to ARTICLE V, Section 1, of this Constitution, to decide whether a
proposal to recall a tribal official shall be denied, put in a probationary
position or returned to the Tribal Council for a second recall vote.
Section 4. The Board of Tribal Elders shall also consider appeals
of Election Board decisions rendered in conjunction with any election as
provided in ARTICLE XI, Section 6, of this Constitution.
Section 5. The Board of Tribal Elders shall have the option of
judicial review and may require any action of the Tribal Council or
Executive Office to be reconsidered by the initiating body. Upon
reconsideration, any measure so questioned shall require a 2/3 vote to
stand. In the case of an affirmative vote, the Board of Tribal Elders may
again require the action to be reconsidered, in which case the measure can
only pass with a unanimous vote by both the Tribal Council and the Executive
Office.
ARTICLE IV
OATH OF OFFICE
Section 1. Each member of the Tribal Council and each Executive Officer
or subordinate officer elected or appointed shall take the oath of office,
and pledge him/herself to support the Constitution of the Western Cherokee
Nation. The following oath of office shall be given:
I, ________________________, do hereby solemnly affirm that I will support
the constitution of the Western Cherokee Nation. I will carry out
faithfully and impartially the duties of my office to the best of my
abilities and will promote the best interests of the Western Cherokee Nation
Indian people.
The oath of office shall be administered by the Principal Chief or the
Vice Chief. In the case that both are absent, the council Secretary will
administer the oath.
ARTICLE V
RECALL AND FILLING VACANCIES
Section 1. Any elected or appointed official or any tribal
employee charged by a fellow tribesman with, (1) habitual neglect of duties;
or (2) immorality or a felonious crime; or (3) habitual absence from
regularly scheduled meetings without a valid cause; or (4) the violation of
any part of this constitution and by-laws, shall be subject to recall
proceedings. He/she shall have a public hearing before the Tribal Council.
If a Tribal Council meeting is not scheduled within two (2) weeks of the
charges, that person may be suspended from all duties and replaced by proxy
until the next Tribal Council meeting by a majority vote of the polled
Tribal Council. A written statement of the charges shall be presented to
the person so charged at least ten (10) days prior to the scheduled
hearing. An affirmative vote at this hearing by the majority of the Tribal
Council will determine if the charges stand, in which case the individual
will be recalled from office. The individual may appeal this ruling to the
Board of Tribal Elders whose decision shall be to let the Council’s vote
stand or to refer it back to the Council for a 2/3 majority vote. The
individual so accused shall not be allowed to vote in his/her own defense,
but shall be able to voice his/her opinions to the council and be present
when any vote is taking place concerning this action.
Section 2. Any vacancies on the Tribal Council or Executive
Office shall be filled on a temporary basis within sixty (60) days by a
majority vote of the Tribal Council or a recommendation by the Principal
Chief with the approval of the Tribal Council. As soon as possible after
this appointment, a special election shall be arranged in the appropriate
jurisdiction to fill the vacancy until the next regularly-scheduled election
for that position.
Section 3. Should the Tribal Council be permanently unable to
raise a quorum, the Principal Chief can call for a special election when
deemed absolutely necessary.
ARTICLE VI
TRIBAL MEMBERSHIP
The Enrollment Ordinance of 1978 was developed by the Enrollment
Committee of the Western Cherokee Nation for the purposes of clearly
defining the meaning of the Western Cherokee and membership of such persons
in the Western Cherokee Nation.
Section 1.
Individuals whose families are recognized by the Western Cherokee Nation
Tribal Council as being Western Cherokee Indian shall consist of the
following:
a. Individuals whose names appeared on either the 1875 or 1908 tribal
membership list of the Eastern Cherokees of Missouri and Arkansas or the
White River Band of Cherokee Indians, they or their descendants shall be
eligible for enrollment, provided they prove direct lineage.
b. Other individuals can qualify for membership if they show that
their families were part of the tribe in 1721 or historical times and that
their ancestors should have been listed on either the 1875 or 1908 tribal
membership list. This can be done by providing birth and death records
showing that their ancestors lived within the historical areas of the tribe
and that they lived near other Western Cherokee families recognized by the
tribe as being Western Cherokee Indian; by their providing sworn statements
from tribal elders stating that they know these to be Western Cherokee
Indian descent; by their providing documents such as census records, church
or other records, old Cherokee census, etc. which identify the family as
Western Cherokee, Eastern Cherokee, American Indian, etc. These individuals
would qualify for membership provided they possess Cherokee Indian blood.
Not all of the above established showing that the individual’s ancestors
were considered a part of the tribe in 1875 and again in 1908. Or ancestor
from 1721 and old settlers of 1817 or other old rolls. [note: we are unsure
what this means, and are leaving it in for now as we attempt to determine
the original intent of these two sentences. –Tim]
c. Individuals whose Western Cherokee ancestry can be deduced from
existing records of enrolled family members are eligible for membership in
the Nation.
Section 2. RIGHT OF MEMBERSHIP
It is the right of every individual of Western Cherokee Indian descent to
gain and retain membership in the Western Cherokee Nation provided they
possess Western Cherokee Indian blood. No one of Western Cherokee Indian
descent will now or ever be barred from membership due to being descended
from any other race, tribe, nationality, or due to one’s actions or
religious beliefs. Any tribal official who attempts to do this is subject
to recall (in accordance with this Constitution of the Western Cherokee
Nation).
Section 3. APPLICATION PROCEDURES
In order for an individual not enrolled at the time that this revision is
passed by the General Council to become a member of the Western Cherokee
Nation, he/she must submit an application for enrollment, along with proof
that would satisfy Section 1 and 2 of this Article. Upon approval of an
application by the Enrollment Committee, a tribal membership card will be
issued to that individual stating their membership of Western Cherokee
Nation and signed by both the Principal Chief and the Enrollment Committee
chair. No card will be issued while there is any question as to that
person’s status. Individuals who do not meet the requirements for tribal
membership shall be notified by mail of such a decision. They shall be
given ninety (90) days by which to provide additional information to the
Enrollment Committee to clarify their status or to withdraw their
application.
Section 4. The Western Cherokee Tribal Council shall have the
power to prescribe rules and regulations covering future membership,
including updating adoptions, the relinquishing of membership, and any other
directives to be issued to the Enrollment Committee.
ARTICLE VII
REFERENDUM
Section 1. Upon receipt of a valid petition signed by 5% of the
qualified voters of the Western Cherokee Nation protesting any enactment of
the Tribal Council, the Election Board shall call and hold a special
referendum of the tribe to vote on whether the action of the Tribal Council
shall be vetoed or upheld. No such petition may be filed later than ninety
(90) days following the questioned enactment of the Tribal Council. The
majority of the votes cast in such a referendum shall be conclusive and
binding on the Tribal Council for a period of twelve (12) months. The
expense of such a referendum shall be borne by the tribe. Any petition for
referendum must state clearly the nature of the petition and contain
verifiable contact information of all petitioners.
ARTICLE VIII
BILL OF RIGHTS
Section 1. All members of the tribe shall enjoy without
hindrance, freedom of speech, worship, conscience, press, assembly, and
association.
Section 2. This Constitution shall not alter, abridge or
otherwise jeopardize the rights and privileges of the tribal membership as
citizens of the United States of America.
Section 3. The individual property rights of any member of the
Western Cherokee Nation shall not be altered or abridged or in any other way
be affected by this Constitution.
Section 4. Tribal members shall have the right to review and
examine tribal records at any reasonable time in accordance with the
procedures established by the Executive Office.
Section 5. The protection guaranteed to individual tribal members
by the Civil Rights Act of 1968 against actions of a tribe in exercising its
power of government shall apply to the members of the Western Cherokee
Nation.
Section 6. No punitive measure may be taken by the Nation against an
individual elected, appointed, employee or member without due process as set
fourth by this Constitution and/or Traditional Principals or Tradition.
(Section 6. Amended 10/09/04)
ARTICLE IX
AMENDMENTS
Section 1. This Constitution may be amended in an authorized vote
of the Tribal Council by a 2/3 majority of the membership of each of the
following bodies: the Tribal Council, the Executive Office, and the Board
of Tribal Elders.
Section 2. The membership of the Western Cherokee Nation may
propose an amendment to the Constitution by petition. It shall be the duty
of the Vice Chief to forward to the Principal Chief a request for an
amendment election upon receipt of a petition signed by at least 5% of the
qualified voters. Any petition for an amendment must contain the exact
wording of the amendment and contain verifiable contact information of all
petitioners. The amendment will be presented for a vote in the manner
prescribed in Section 1 of this Article. If the proposed amendment does not
pass when voted on according to the provisions outlined in Section 1 of this
Article, the amendment will be placed on the ballot at the next
regularly-scheduled election, and will become effective if approved by 2/3
of the voters in the election.
ARTICLE X
WESTERN CHEROKEE ELECTION BOARD
Section 1. There shall be a Western Cherokee Election Board
composed of seven (7) members appointed by the Executive Office and approved
by the Tribal Council. No person shall be able to serve on the Election
Board and the Board of Elders at the same time. The appointments to the
Election Board shall be for a term of two years and shall begin six months
after the most recent election. The Election Board shall elect from its
membership a Chairperson and a Secretary.
Section 2. A current voting list shall be furnished to the
Executive Office and Tribal Council before each election.
Section 3. The Board shall determine any claim as to the right of
any individual listed or not listed to vote.
Section 4. The Election Board shall be vested with the authority
to establish guidelines for the election process, including but not limited
to establishment of voting districts, rules for running for office, voting
regulations, and subcommittees; and all such decisions shall be subject to
approval by the Tribal Council and must not violate any provision of this
Constitution.
Section 5. No candidate for office shall be an Election Board
member or a member of any subcommittee of the Election Board.
Section 6. The Election Board shall have the authority to rule
upon the eligibility of the candidates and the responsibility to ascertain
that the election rules are being followed; any decision of the Election
Board deemed incorrect may be appealed to the Board of Elders.
ARTICLE XI
ELECTIONS
Section 1. Elections shall be held pursuant to the regulations
prescribed by the Election Board which shall be consistent with this
Constitution. There shall be a charge of twenty-five dollars or more for
all applicants who file for a position in an upcoming general election.
Section 2. All voting in general or special elections shall be
done by secret ballot.
Section 3. Absentee ballots will be issued for every election as
deemed necessary by the Election Board.
Section 4. Tribal members who are at least eighteen (18) years of
age by election day regardless of their place of residence shall be eligible
to vote.
ARTICLE XII
APPROVAL AND ADOPTION
