Ysleta del Sur Pueblo Code of Laws, Article 1

Ysleta Del Sur Pueblo
Tribal Council
119 S. Old Pueblo Rd. • (915) 859-7913 • El Paso, Texas 79907

YSLETA DEL SUR PUEBLO
TRIBAL RESOLUTION TC-91-97

Pertaining to Article 1 of the Tribe's Code of Laws Entitled "General Provisions"

WHEREAS,	the Tribal Council (the "Council") of the Ysleta del Sur Pueblo (the "Pueblo"), is the duly constituted traditional governing body of the Ysleta del Sur Pueblo exercising all inherent governmental power, fiscal authority, and tribal sovereignty as recognized in sections 101 and 104 of the Act of August 18, 1987 (the Ysleta del Sur Pueblo Restoration Act), 101 Stat. 666, Public Law No. 100-89; and,
WHEREAS,	the Pueblo has operated from time immemorial as a Native American political sovereign without organic or written constitution, charter, or by-laws; and,
WHEREAS,	the Pueblo governs itself by oral tradition; and,
WHEREAS,	the civil and criminal law authority of the Pueblo is vested in the. Council consisting of the Cacique, the Governor, the Lieutenant Governor, the War Captain, the Alquacil, and four (4) Council members; and,
WHEREAS,	the Council has determined that it is in the best interest of the Tribe to adopt general provisions for the Tribal Code of Laws; and,
WHEREAS,	the Council has authorized the Governor of the Pueblo to act for the Tribe in the signing of this resolution; and,
WHEREAS,	the Council intends that this Resolution shall constitute evidence of the authorization of the Council to pass such Rules and Regulations.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the Pueblo as follows:
1.	The preambles hereto shall be incorporated herein and made part of the Resolution.
2.	That Tribal Ordinance No. 009-97, which adopts Article 1 of the Tribe's Code of Laws entitled "General Provisions," a true and correct copy of which is attached hereto as Exhibit "A" and, by reference, is incorporated herein for all purposes as if set forth at length, is hereby enacted to be effective immediately.
ADOPTED this the 10th day of December, 1997.
CERTIFICATION
I, the undersigned, as Governor of the Ysleta del Sur Pueblo hereby certify that the Ysleta del Sur Tribal Council, at a duly called Tribal Council Meeting, convened and held on the 10th day of December, 1997, at the Ysleta del Sur Pueblo approved the foregoing Resolution, a quorum being present, and that 7 voted for, 0 opposed, 0 abstained.
Ysleta del Sur Pueblo............
____________/s/__________ VINCE MUNOZ Tribal Governor
ATTEST:
____________/s/__________ Sylvia Garcia/Lory Granillo Tribal Secretary

TRIBAL ORDINANCE NO. 009-97

ADOPTING ARTICLE 1 OF THE TRIBE'S CODE OF LAWS
ENTITLED "GENERAL PROVISIONS"

Pursuant to the authority vested in the Tribal Council (the "Council") as the duly constituted traditional governing body of the Ysleta del Sur Pueblo (the "Pueblo"), a federally recognized Indian Tribe exercising all inherent governmental powers, fiscal authority and tribal sovereignty as recognized in the Ysleta del Sur Pueblo Restoration Act (Public Law 100-89 as codified in 25 U.S.C. § 1300g, hereinafter the "Restoration Act"), and its lawful authority to provide for health, safety, morals, welfare, tribal economic development and self-sufficiency of the Pueblo, the Council of the Pueblo hereby enacts this Ordinance for the purpose of establishing general provisions for the Tribal Code of Laws. Therefore, be it resolved and ordained by the Council of the Pueblo:

That the attached Article entitled "General Provisions," which by reference, is incorporated herein as if set forth at length, is hereby adopted as Article 1 of the Tribe's Code of Laws.

YSLETA DEL SUR PUEBLO

By:____________/s/_________
Vince Munoz

Title: ___Tribal Governor___

ATTEST:

By:____________/s/________
...............Lory Granillo

Title: Tribal Council Secretary

ARTICLE 1 - GENERAL PROVISIONS

Section 1. Sovereignty.

1.01. The Ysleta del Sur Pueblo has operated since time immemorial as a Native American political sovereign and governs itself by oral tradition without any organic or written constitution, charter or by-laws. Except as may be specifically set forth in another Article of this Code of Laws, nothing in this Code, nor its enactment, is intended or shall be construed as a waiver of the sovereign immunity of the Ysleta del Sur Pueblo nor a grant of jurisdiction to any entity over the Ysleta del Sur Pueblo or any person located or action occurring within the jurisdiction of the Ysleta del Sur Pueblo. No officer, employee, or member of the Ysleta del Sur Pueblo shall be authorized to waive the sovereign immunity of the Pueblo or to agree or accede to any grant of jurisdiction over the Pueblo or any person located or action occurring within the jurisdiction of the Pueblo, such authorization being limited to the unanimous vote of the Tribal Council.

Section 2. Tribal Traditions and Customs.

2.01. Except as may be specifically set forth in this Code of Laws, nothing in this Code, nor its enactment, is intended or shall be construed as terminating, supplanting, modifying, limiting, or codifying Tribal traditions or customs concerning religious matters or the manner by which the Ysleta de Sur Pueblo governs itself or its members. This Code of Laws, and its enactment, is intended and shall be construed as creating and implementing a non-exclusive legal system by which the rights and privileges of the Tribe and its members are protected and grievances can be redressed. In case of a conflict between Tribal traditions and customs with a provision of this Code of Laws, the provision will be construed, if reasonably possible, in harmony with Tribal tradition and custom. If a provision of this Code of Laws cannot be construed in harmony with Tribal traditions and customs, the provision of the Code shall prevail.

Section 3. Tribal Council.

3.01. Whenever this Code of Laws grants or ascribes any rights, powers, duties, obligations or responsibilities to any body, organization, or entity, and such body, organization, or entity has not been created, does not exist, or has ceased to exist, this Code of Laws shall be construed as granting or ascribing such rights, powers, duties, obligations, or responsibilities to the Tribal Council.

Section 4. Severability.

4.01. In the event one or more provisions of the Code of Laws is found to be invalid, illegal, or unenforceable in any respect, such fact shall not effect any other provision.

Section 5. Repealer and Amendments.

5.01. Any and all other substantive or procedural enactments of the Ysleta del Sur Pueblo, whether in the form of ordinances, resolutions, or other written documentation, are repealed in their entirety if any provision in this Code of Laws deals with the subject matter found in any provision in the earlier enactment. Any amendments to this Code of Laws which likewise deals with the subject matter of any provision of an earlier enactment shall constitute a complete repealer of such enactment. The Tribal Council shall endeavor to codify in this Code of Laws any earlier enactments not repealed by the enactment of this Code of Laws. In enacting future laws, the Tribal Council shall attempt to do so by amending this Code of Laws. This Code of Laws may be amended by a majority vote of the Tribal Council.