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Constitution and By-laws of the Cold Springs Rancheria, Fresno County, California

Amended: 2001

Table of Contents

Preamble
Article I - Name
Article II - Territory
Article III - Membership
Article IV - Governing Body
Article V - Elections
Article VI - Removal, Recall and Forfeiture
Article VII - Vacancies
Article VIII - Powers of the Tribal Council
Article IX - Meetings
Article X - Bill of Rights
Article XI - Amendment
Article XII - Referendum
Article XIII - Severability

Bylaws of the Cold Springs Rancheria

Article I - Duties of Officers
Article II - Adoption
Certificate of Results of Election
Approval

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Constitution and Bylaws of the Cold Springs Rancheria, Fresno County, California

Last amended: 2001

PREAMBLE


We, the people of the Cold Springs Rancheria in Fresno County, California, in order to establish a formal organization and promote our common welfare, do hereby adopt this constitution and bylaws which shall supercede the Amended Articles of Association of the Sycamore Valley Association adopted April 11, 1970.

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ARTICLE I -NAME


The name of this organization shall be the Cold Springs Rancheria.

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ARTICLE II - TERRITORY


The jurisdiction of the Cold Springs Rancheria, not inconsistent with applicable Federal and State Laws, shall extend to all lands now or hereafter comprising the Cold Springs Rancheria.

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ARTICLE III -MEMBERSHIP


Amendment to Article III. Membership, Section 1: Approved April 23, 2001 is as follows:

Section 1. Membership in the Cold Springs Rancheria shall consist persons in the following categories:

(a) All individuals who were listed as distributees or dependent members of distributees in the Plan for Distribution of Assets of the Cold Springs Rancheria as approved by the Secretary of the Interior on August 26, 1960.

(b) All persons who qualify and were recognized as members of the Sycamore Valley Association on the effective date of this constitution, January 2, 1980.

(c) Persons who are lineal descendants of individuals eligible for membership under (a) and (b) above, regardless of whether the ancestor through whom eligibility is claimed is living or deceased, providing such descendants possess at least one-fourth (1/4) degree California Indian blood.

Having been duly adopted and approved, proposed Amendment I is hereby designated as Amendment No. I to the Constitution and Bylaws of the Cold Springs Rancheria.


CERTIFICATE OF APPROVAL

Amendment I to the Constitution and Bylaws of the Cold Springs Rancheria, Fresno County, California which was adopted by the qualified voters of the Tribe on March 31, 2001 is hereby approved pursuant to the authority delegated to the Secretary of the Interior by the Act of June 18, 1934 (48 Stat. 984), as amended and delegated to the Deputy Commissioner of Indian Affairs by 230 D.M. 2.4 and redelegated to me by Memorandum of Agreement dated August 16, 1994.


                              /s/                             
Acting Regional Director


                      April 23, 2001                
                        Date

[Digitizer's note: day might be 29; fax is unclear.]

Sec. 2. A person who has been allotted on another reservation or is officially enrolled with or is a recognized member of some other tribe or band shall not be enrolled. A "recognized member of another tribe or rancheria" is a person whose name is listed on the membership roll of another tribe or rancheria, or has received a land use assignment on another reservation.


Sec. 3
. The official membership roll shall be prepared in accordance with an ordinance adopted by the governing body and approved by the Secretary of the Interior or his authorized representative. Such ordinance shall contain provisions for enrollment procedures, enrollment committees, application form, approval or disapproval of applications, rejection notice, appeals, corrections and provisions for keeping the roll on a current basis.

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ARTICLE IV - GOVERNING BODY


Section 1
. The governing body of the Cold Springs Rancheria shall be the Cold Springs Tribal Council.

The tribal council shall consist of six (6) members elected at-large from the general council. The tribal council shall consist of a chairperson, vice-chairperson, secretary-treasurer and three (3) members, each elected by a majority vote of the voters in any such election, provided at least fifty-one percent (51 %) of those eligible to vote have voted. In the event that fifty-one percent (51%) of the voters do not participate in the election, a subsequent election will be held within thirty (30) days. Other committees may be appointed or elected when deemed necessary. The secretary-treasurer may receive such compensation as may be determined by the tribal council. Members of the tribal council may also receive compensation for travel and other expenses as may be authorized by the tribal council.


Sec. 2. General Council. The general council shall consist of all enrolled members of the rancheria, eighteen (18) years of age or older. The general council shall exercise those authorities delegated to it by this constitution and bylaws.

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ARTICLE V - ELECTIONS


Section 1. Voter Qualification. All enrolled members of the Cold Springs Rancheria, who are eighteen (18) years of age or older and who have resided for at least one (1) year on the Cold Springs Rancheria prior to an election are qualified voters.


Sec. 2.
Qualification of Candidates. A candidate for the position of chairperson or vice-chairperson must be a qualified voter of the Cold Springs Rancheria twenty-five (25) years of age or older. Any qualified voter regardless of age is eligible to be a candidate for secretary-treasurer and members of the council.


Sec. 3
. All elections of tribal officials shall be by secret ballot.


Sec. 4.
First Election. The officers of the Sycamore Valley Association in office at the time of approval of this constitution and bylaws by the Secretary of the Interior or his authorized representative shall hold office until their successors are duly elected and seated. The first regular election of officials under this constitution shall be held on the first Saturday in May of 1980. At the first election held under this document, the chairperson, the secretary-treasurer and one (1) member-at-large shall be elected to hold office for a period of two (2) years; the vice-chairperson and two (2) members of the tribal council shall be elected for a period of one (1) year. Thereafter, all terms of office shall be for two (2) years and elections shall be held annually on the first Saturday in May. Members shall hold office until their successors are duly elected and installed.


Sec. 5.
Nominations. The time, place and manner of nominations shall be specified in the election ordinance adopted pursuant to Section 6 of this constitution.


Sec. 6.
Election Ordinance. An election ordinance shall be adopted by the general council within six (6) months following the effective date of this constitution. Such ordinance shall include but not be limited to the following provisions: secret balloting; nomination of candidates; absentee balloting; and a procedure for resolving election disputes.

Provisions should also be included regarding the conduct of recall and referendum elections and a uniform procedure for submitting petitions. Elections to amend this constitution shall be conducted in accordance with Article XI of this constitution.

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ARTICLE VI - REMOVAL, RECALL AND FORFEITURE


Section 1.
Removal. Any member of the tribal council or other official of the Cold Springs Rancheria who, during the term for which he is elected or appointed, is convicted of a felony in any Federal or State Court shall automatically forfeit his office effective on the date of his initial conviction in court. Any official found guilty by the tribal council of behavior involving misconduct reflecting on the dignity and integrity of the tribal government, malfeasance in office, or gross neglect of duty shall be removed from office if at least four (4) members of the tribal council vote in favor of such removal. Voting must be by secret ballot and the chairman is entitled to vote. If the accused is a member of the tribal council, the accused shall have the right to cast a secret ballot. Before any vote for removal is taken, such member or official shall be given a written statement of the charges against him at least ten (10) days before the meeting of the tribal council at which he is to appear and he shall be given an opportunity to answer any and all charges at the designated tribal council meeting. The decision of the tribal council shall be final. No member of the tribal council shall preside over the meeting at which his removal is being considered.


Sec. 2.
Recall. Upon receipt of a petition signed by at least fifty percent (50%) of the qualified voters of the rancheria, it shall be the duty of the tribal council to call and conduct within thirty (30) days an election to consider the recall of an elected official.

The election shall be conducted pursuant to the election ordinance. Once an individual has been subjected to recall proceedings, he shall not again be subject to such action during the balance of his term of office.


Sec. 3.
Forfeiture. If any member of the tribal council shall be found guilty of a felony in any Federal or State Court, shall die, resign or is absent without being excused by the tribal council for more than three (3) consecutive meetings in succession, he shall automatically forfeit his office.

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ARTICLE VII - VACANCIES


Section 1
. Any office which has been vacated, whether it be by removal, recall or forfeiture, shall be filled by appointment of the tribal council at its next meeting and such replacement shall serve the unexpired term of office.

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ARTICLE VIII - POWERS OF THE TRIBAL COUNCIL


Section 1
. The tribal council shall have powers and responsibilities hereinafter provided, subject to any limitations imposed upon such powers by the statutes and laws of the United States or the State of California.

(a) To consult, negotiate, contract or conclude agreements with Federal, State and local governments on activities which may affect the Cold Springs Rancheria. .

(b) To employ legal counsel, the choice of counsel and fixing of fees to be subject to the approval of the Secretary of the Interior or his authorized representative.

(c) To receive advice from and make recommendations to the Secretary of the Interior with regard to all appropriation estimates for all projects which are for the benefit of members of the Cold Springs Rancheria prior to the submission of such estimates to the Office of Management and Budget and Congress.

(d) To manage, lease or otherwise operate all unassigned tribal property and to control the use of and development on assigned tribal lands. Toward this end the tribal council shall within one (1) year of the effective date of this constitution and bylaws submit for ratification to a referendum vote of the rancheria a land assignment and land use ordinance.

(e) To acquire property and to accept gifts.

(f) To join and/or charter tribal housing authorities.

(g) To charter tribal enterprises, corporations and associations.

(h) To prescribe rules and regulations governing future membership, loss of membership and the adoption of members.

(i) To administer tribal assets and manage all economic affairs and enterprises of the rancheria.

(j) To promote the peace, safety, health and general welfare of the members of the rancheria.


Sec. 2
. Any rights and powers heretofore vested in the Cold Springs Rancheria, but not expressly referred to in this constitution, shall not be lost by reason of their omission but may be exercised by the tribal council through the adoption of appropriate amendments to this constitution and bylaws.

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ARTICLE IX - MEETINGS


Section 1
. Regular meetings of the tribal council shall be held on the first Saturday of each month in a place designated by the tribal council.

Special meetings of the tribal council may be called by the chairperson and shall be called by him upon receipt of a petition signed by at least three (3) council members and when so called, the tribal council shall have power to transact business as in regular meetings provided that a quorum is present. Members shall be notified at least three (3) days in advance of all special tribal meetings.


Sec. 2
. A quorum of the tribal council shall consist of four (4) members of the tribal council. No business shall be transacted unless a quorum is present.


Sec. 3
. Regular meetings of the general council shall be held quarterly on the Cold Springs Rancheria. The date, time and place of such meetings shall be determined by the tribal council. Special meetings of the general council may be called by the chairperson and shall be called by him upon receipt of a petition signed by at least fifty-one percent (51%) of the members of the general council.


Sec. 4
.
A quorum of the general council shall consist of fifty-one percent (51%) of the general council. No business shall be conducted unless a quorum is present.

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ARTICLE X - BILL OF RIGHTS


Section 1
. All members of the rancheria shall enjoy without hindrance, freedom of worship, conscience, speech, press, assembly and association.


Sec. 2
. This constitution and bylaws shall not in any way alter, abridge, or otherwise jeopardize the rights and privileges of the members of the rancheria as citizens of the State of California or the United States.


Sec. 3
. The individual property rights of any member of the Cold Springs Rancheria shall not be altered, abridged or otherwise affected by the provisions of this constitution and bylaws.


Sec. 4
. Tribal members shall have the right to review all tribal records, including financial records, at any reasonable time in accordance with procedures established by the tribal council.


Sec. 5
. In accordance with Title II of the Indian Civil Rights Act of 1968 (82 Stat. 77), the Cold Springs Rancheria in exercising its powers of self- government shall not:

(a) Make or enforce any law prohibiting the full exercise of religion, or abridging the freedom of speech, or of the press, or the right of the people peaceably to assemble and to petition for a redress of grievances;

(b) Violate the right of the people to be secure in their persons, houses, papers and effects against unreasonable search and seizure, nor issue warrants, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or thing to be seized;

(c) Subject any person for the same offense to be twice put in jeopardy;

(d) Compel any person in any criminal case to be a witness against himself;

(e) Take any private property for a public use without just compensation;

(f) Deny to any person in a criminal proceeding the right to a speedy trial, to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and, at his own expense, to have the assistance of counsel for his defense;

(g) Require excessive bail, impose excessive fines, inflict cruel and unusual punishments, and in no event impose for conviction of any one offense any penalty or punishment greater than imprisonment for a term of six (6) months or a fine of $500 or both;

(h) Deny to any person within its jurisdiction the equal protection of its laws or deprive any person of liberty or property without due process of laws;

(i) Pass any bill of attainder or ex post facto law;

(j) Deny to any person accused of an offense punishable by imprisonment the right, upon request, to a trial by jury of not less than six (6) persons.

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ARTICLE XI - AMENDMENT


Section 1.
This constitution and bylaws may be amended by a majority vote of the qualified voters of the Cold Springs Rancheria voting in an election called for that purpose by the Secretary of the Interior or his authorized representative, provided that at least fifty-one percent (51%) of those entitled to vote shall vote in such election, but no amendment shall become effective until approved by the Secretary of the Interior or his duly authorized representative.


Sec. 2. It shall be the duty of the Secretary of the Interior to call an election at the request of the tribal council or upon receipt of a petition signed by at least thirty percent (30%) of the qualified voters of the Cold Springs Rancheria.

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ARTICLE XII - REFERENDUM


Section 1
. Upon presentation to the Cold Springs Tribal Council of a petition signed by thirty percent (30%) of the qualified voters, the tribal council shall either (1) adopt the provisions of the petition by ordinance, resolution or other appropriate action; or (2) provide that the issue presented by the petition be voted on within sixty (60) days, by secret ballot, at a regular or special election. The Cold Springs Tribal Council shall abide by the vote of the majority of the voters in any such election, provided that at least fifty-one percent (51%) of those eligible to vote have voted.

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ARTICLE XIII - SEVERABILITY


If any provision of this constitution and bylaws shall, in the future, be declared invalid by a court of competent jurisdiction, the invalid provision or provisions shall be severed and the remaining provisions shall continue in full force and effect.

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BYLAWS OF THE COLD SPRINGS RANCHERIA


ARTICLE I - DUTIES OF OFFICERS


Section 1
. Newly elected officers shall assume their respective office and duties immediately upon being elected.


Sec. 2
. The chairperson shall preside at all meetings of the rancheria and of the tribal council and shall execute on behalf of the rancheria all contracts, leases or other documents approved by the tribal council. He shall vote only in the case of a tie. He shall have general supervision of all other officers, employees and committees of the rancheria and see that their duties are properly performed. When the tribal council is not in session, he shall be the official representative of the rancheria.


Sec. 3
. The vice-chairperson shall assist the chairperson when called upon to do so. In the absence of the chairperson, he shall preside and when so presiding shall have all the rights, privileges, duties and responsibilities of the chairperson.


Sec. 4. The secretary-treasurer shall keep the minutes of all meetings and shall attest to the enactment of all resolutions and ordinances. Copies of all minutes, resolutions, and ordinances shall be submitted by him, to the Bureau of Indian Affairs as soon after enactment as possible. The secretary-treasurer shall issue notices of all meetings and elections and conduct all general correspondence as directed by the tribal council. The secretary-treasurer shall carry out the financial directives of the tribal council, receive all local monies of the reservation and keep an accurate account of the receipts and disbursements. Funds shall be deposited in the Cold Springs Rancheria's account in a local bank selected by the tribal council where depositor's funds are insured by the Federal Deposit Insurance Corporation. All disbursements shall be made by check in accordance with resolutions of the tribal council. The secretary-treasurer shall file a bond satisfactory to the tribal council and the Area Director. The tribal council shall authorize payment of the annual bond premium from the local reservation funds. The secretary-treasurer shall give a financial report to the tribal council once a month, and all financial records shall be available for inspection by any member of the Cold Springs Rancheria and shall be open at all times for audit and inspection by representatives of the Bureau of Indian Affairs. At the expiration of his term of office, the secretary-treasurer shall turn over all the records and papers in his possession to his successor or to the tribal council.

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ARTICLE II - ADOPTION


Section 1. This constitution and bylaws, when adopted by a majority vote of the qualified voters of the Sycamore Valley Association of the Cold Springs Rancheria, voting at an election called for that purpose by the Secretary of the Interior or his authorized representative, in which at least fifty-one percent (51%) of those entitled to vote shall vote, shall be submitted to the Secretary of the Interior for his approval, and shall be effective from the date of his approval.

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CERTIFICATE OF RESULTS OF ELECTION


Pursuant to an election authorized by the Acting Deputy Commissioner of Indian Affairs on July 18, 1979, the foregoing Constitution and Bylaws of the Cold Springs Rancheria in Fresno County, California, was submitted to the qualified voters of the rancheria and was on November 29, 1979, duly adopted by a vote of 12 for, and 3 against, in an election in which at least fifty-one percent (51%) of the 27 entitled to vote cast their ballots in accordance with Article II - Adoption in the Bylaws of the Cold Springs Rancheria.

 

                           /s/                            
Chairman, Election Board

 

                            /s/                           
Election Board Member

 

                           /s/                            
Election Board Member

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APPROVAL

I,    /s/ Theodore C. Krenzke  , 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 Cold Springs Rancheria, Fresno County, California.

 

/s/ Theodore C. Krenzke
Acting Deputy Commissioner of Indian Affairs

Washington, D. C.

Date: Jan 2, 1980

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