Constitution of the Prairie Band Potawatomi Nation

PREAMBLE

We, the Prairie Band Potawatomi Nation, in order that our rights: inherent, United States Constitutional, treaty rights and other rights which arise from statutory law, Executive Order, tribal or other law and judicial administration be fully protected, exercised, and preserved, to insure justice and our security, to maintain Potawatomi traditions and customs, to promote harmony, the common good, social and general welfare and to secure the blessings of spiritual, educational, cultural, and economic development for ourselves and our posterity, do ordain and establish this constitution.

ARTICLE I - TERRITORY AND JURISDICTION

Section 1. The authority and jurisdiction of the Prairie Band Potawatomi Nation shall extend to the fullest extent possible, including, without limitation,

(a) to any and all persons, including non-members and members of the Prairie Band Potawatomi Nation and including any corporation, other entity or any person located or doing business on the Nation's Reservation and

(b) to all surface, subsurface or other territory or real or personal property of any nature within the Nation's Reservation.

Sec. 2. The Nation's Reservation means:

(a) all territory within the exterior boundaries of the area recognized as the Prairie Band Potawatomi Nation's Reservation and

(b) all other territory i) which is or in the future may be located outside of said boundaries and ii) to which it is possible to extend the Nation's jurisdiction or authority, including, without limitation, territory within the exterior boundaries of Indian country of the Nation or of its members and all property held by the United States in trust for the Prairie Band Potawatomi Nation or in trust for a member of the Prairie Band Potawatomi Nation.

ARTICLE II - LAND

Section 1. Recognition. We, the Prairie Band Potawatomi Nation, do not accept a diminishing of our sovereign status as a nation and of our vested or inherent rights by the act of adopting this constitution.

Sec. 2. The Tribal Council shall establish a standing Committee vested with the responsibility of protecting and preserving our land rights in accordance with the land policies of the Nation which are hereby declared to be:

(a) The Potawatomi Indian Reservees, under a treaty, have a right paramount and superior to any grant of land to states or others. Until our collective or individual title shall be fully extinguished in compliance with treaty law, the grants or assignments of our land to others by executive or legislative action, in whatever form, cannot operate. We, the Potawatomi, maintain our inherent and sovereign right to negotiate with the United States for just compensation for unlawful removal of our lands or property from the jurisdiction of the Potawatomi Nation without just compensation. We maintain our right to sue for lands of individual reservees under treaty law.

(b) We thereby claim, by treaty law, all Potawatomi lands granted to religious orders or educational institutions, which parties failed as agreed to adequately educate Potawatomi members in exchange for the rights to occupy and possess such lands.

Sec. 3. It shall be the duty of the Tribal Council to protect and preserve the individual members' rights and ownership of trust lands, including the right of inheritance under applicable law. Further, the Tribal Council shall have the duty to protect and preserve all tribal lands and to prevent the loss of such lands from tribal ownership.

ARTICLE III - MEMBERSHIP

Section 1. The membership of the Prairie Band Potawatomi Nation shall consist of the following persons:

(a) All persons born prior to February 19, 1976 (date of approval of this constitution) who qualified for membership under the previous membership requirements of the Prairie Band Potawatomi Nation.

(b) All persons of Prairie Band Potawatomi Indian blood born on or after February 19, 1976 (date of approval of this constitution) who possess at least one-fourth (1/4) degree Indian blood, who are descendants by blood of Prairie Band Potawatomi allottees of Prairie Band Potawatomi Indian blood and whose membership application has been received by the Nation's enrollment office on or before May 13, 2000, the date of adoption of this amendment.

(c) All persons whose membership applications are received by the Nation's enrollment office after the adoption of this amendment who possess at least one-fourth (1/4) degree Prairie Band Potawatomi Indian blood.

(d) The blood degrees shown on the Prairie Band of Potawatomi 1940 Census Roll shall be used in all cases for computing the degree of Potawatomi Indian blood.

Section 2. Any person who has shared in any land or money by virtue of having been enrolled as a member of another Indian tribe shall not be enrolled as a member of the Prairie Band of Potawatomi Indians following the effective date of this amendment.

Section 3. Any person who meets the eligibility criteria in Section 1 but is enrolled as a member of another Indian tribe may be enrolled as a member of the Prairie Band Potawatomi Nation provided that they have not shared in any land or money by virtue of their enrollment with the other tribe and provided further that they execute a relinquishment of membership from all other tribes.

Section 4. The Tribal Council shall have the power to adopt ordinances consistent with this constitution governing future membership, loss of membership, and the adoption of members into the Prairie Band Potawatomi Nation.

ARTICLE IV - GOVERNING BODY

Section 1. The General Council of the Prairie Band Potawatomi Nation shall consist of all enrolled members of the Nation who are eighteen (18) years of age or older meeting in a general council.

Sec. 2. The General Council of the Prairie Band Potawatomi Nation shall elect from its eligible voters by secret ballot a seven (7) member governing body, called the Tribal Council, composed of a Chairperson, Vice-Chairperson, Secretary, Treasurer, and three Council Persons empowered to act on behalf of the Nation as provided in this constitution.

Sec. 3. Reserved Powers. No provision of this constitution shall be construed as a limitation of the inherent residual sovereign powers of the Prairie Band Potawatomi Nation. Any such powers not delegated to the Tribal Council by this constitution are retained for direct exercise by the General Council of the Nation through referendum as provided for herein, or for exercise by the Tribal Council following amendment of the constitution.

ARTICLE V - ENUMERATED POWERS OF TRIBAL COUNCIL

Section 1. The Prairie Band Potawatomi Nation through its Tribal Council shall exercise the following powers by appropriate code, ordinance, or resolution subject only to those limitations imposed by the constitution or by statutes of the United States:

(a) To negotiate, consult, and contract with Federal, State, local governments, tribal governments, private enterprises, individuals, or other organizations;

(b) To employ attorneys subject to approval by the Secretary of the Interior or his authorized representative, as long as such approval is required by federal law;

(c) To prevent any sale, lease, disposition, or encumbrance of tribal land, funds, or assets without the consent of the tribe;

(d) To advise the Secretary of the Interior with regard to all appropriation estimates of Federal projects for the benefit of the Prairie Band Potawatomi Nation prior to the submission of such estimates to the Office of Management and Budget and to Congress;

(e) To enact ordinances governing future tribal membership, adoptions, and loss of membership;

(f) To charter, and to issue charters, and to regulate subordinate organizations, and to appoint subordinate committees and representatives;

(g) To enact laws or ordinances and take other actions to regulate law and order;

(h) To encourage Indian arts, crafts, and culture;

(i) To enact laws or ordinances and to take other actions to promote and protect the health, peace, morals, education or welfare of the Nation or its members or to serve any other appropriate governmental or tribal purpose;

(j) To adopt a tribal election ordinance, and to administer tribal elections;

(k) To regulate domestic relations;

(l) To determine and act on administrative matters before the Tribal Council, including the appointment and removal of subordinate tribal officials and employees;

(m) To adopt ordinances prohibiting trespass on tribal land;

(n) To allocate funds for tribal land acquisition;

(o) To give special recognition to all veterans and members of the armed services;

(p) To regulate the use of all lands and property within the jurisdiction of the Nation, and to adopt and enforce zoning and land use codes and ordinances;

(q) To administer tribal matters in accordance with accounting, property control and personnel procedures established by the Tribal Council. To make expenditures from available funds for tribal purposes, including salaries or remuneration of tribal officials or employees, such salaries or remuneration to be paid only for services authorized in a regular and legal manner and actually rendered. All expenditures of tribal funds by the Tribal Council shall be made in accordance with a budget approved by a majority vote of the Tribal Council.

(r) To delegate any of the above powers to subordinate officers, committees, or cooperative associates;

(s) To levy and collect taxes, including, without limitation, taxes on businesses;

(t) To protect the natural resources of the Nation, including without limitation water, air, timber, gas and oil and other minerals;

(u) To regulate hunting, fishing, trapping, and plant gathering;

(v) To regulate public recreational activities.

ARTICLE VI - ELECTIONS AND NOMINATIONS

Section 1. All enrolled members of the Prairie Band Potawatomi Nation who are 18 years of age or older, or any eligible person 18 years of age or older who has made application for enrollment, shall be entitled to vote in the first tribal election. Thereafter only enrolled members 18 years of age or older shall be entitled to vote in any tribal election.

Sec. 2. Within 15 days after the approval of this constitution the Commissioner of Indian Affairs shall give notice of the Tribal Council election and within sixty (60) days thereafter assist the Nation in the conduct of an election for members of the first Tribal Council under this constitution. The form of the first Tribal Council election shall be by mail only. The Commissioner of Indian Affairs shall make the necessary regulations in conformity with this constitution for the first election. In the event there are five (5) or more candidates for any one office, the Commissioner may make provisions for a run-off election between the two candidates receiving the highest number of votes. Any qualified member of the Nation who desires that his name be placed on the ballot as a candidate for the office of Chairperson, Vice-Chairperson, Secretary, Treasurer or Council Person shall file a declaration of candidacy with the Superintendent of the Horton Agency for the first election under this constitution showing their name and the office for which they desire to become a candidate. Such statement must be filed thirty (30) days prior to the election date.

Sec. 3. Conduct of all elections after the first election shall be pursuant to the provisions of this constitution and an ordinance enacted by the Tribal Council within nine (9) months from date of adoption of the constitution.

Sec. 4. In order to be qualified for office and seek election to a seat on the Tribal Council a person must:

(a) Be an enrolled member of the Prairie Band Potawatomi Nation.

(b) Candidates for the offices of Chairperson, Vice-Chairperson, Secretary, and Treasurer must be 25 years of age or older.

(c) Candidates for the offices of Council Person must be 21 years of age or older.

(d) No person convicted of a felony within the past 5 years shall be a candidate for any office.

Sec. 5. Tenure of Office. Beginning with the first regular election following approval of this amendment the Chairperson, Secretary, and 1 Council Person shall be elected for a term of four (4) years and the Vice-Chairperson, Treasurer and 2 Council Persons shall be elected for a term of two (2) years and shall serve until their successors are elected and installed in office. Thereafter, Tribal Council members elected in regular elections shall serve four (4) year terms or until their successors are elected and installed in office.

The Term "Tribal Council members", as used in this constitution, shall mean all officers and Council Persons.

ARTICLE VII - OFFICERS OF THE TRIBAL COUNCIL

Section 1. The Chairperson shall preside over all meetings of the Tribal Council and of the General Council, except as otherwise provided in this constitution and bylaws, and shall perform the administrative duties of a Chairperson and exercise only the authority delegated to the Chairperson by the Tribal Council. The Chairperson may be a cosigner on all negotiable instruments executed on behalf of the tribe. The Chairperson shall not vote except in the case of a tie and during regular and special elections of the tribal council members.

Sec. 2. The Vice-Chairperson of the Tribal Council shall assist the Chairperson when called upon to do so. In the absence of the Chairperson, the Vice-Chairperson shall have all the rights, privileges, duties, as well as the responsibilities of the Chairperson.

Sec. 3. The Secretary shall be responsible for the recording of all meetings and prompt and efficient handling of all correspondence pertaining to the business of the Tribal Council and General Council. The Secretary, under the direction of the Chairperson, shall notify all committees of their appointments and shall maintain custody of the records and all papers of the Tribal Council and the Nation. The Secretary shall maintain a correct list of all members of the Council, and shall authenticate all accounts or orders of the Council. In the absence of the Chairperson and Vice-Chairperson, shall call the meetings to order until a Chairperson pro-tempore is selected, and shall issue notices of all meetings and conduct all general correspondence, as directed by the General Council and the Tribal Council. At the expiration of the term of office the records and all papers in the Secretary's possession shall be turned over to the newly elected Secretary.

Sec. 4. The Treasurer shall keep an accurate account of receipts and disbursements of all funds belonging to the tribe which may come into his or her hands and make appropriate report to the Tribal Council and to the General Council at the annual meeting. Disbursements of 20% program funds from judgment awards shall be made only according to approved programs and budgets. An annual accounting of the judgment funds expenditures and use shall be submitted to the Horton Agency Superintendent according to the provisions of the Code of Federal Regulations. The accounts and records of the Tribal Council and the General Council shall be available at all times for inspection. An audit by the Bureau of Indian Affairs of the accounts and records may be made upon request by the Tribal Council or upon petition by thirty percent (30%) of the eligible voters. Any tribal funds entrusted to the care of the Treasurer shall be kept in a special account and all disbursements therefrom shall be made by check or other commercially appropriate means. The treasurer shall file a surety bond satisfactory to the Tribal Council. The cost of such bond may be paid from tribal funds. The Treasurer shall be cosigner on all negotiable instruments executed or issued on behalf of the tribe and shall have the authority to disburse funds when so authorized by the Tribal Council. The Tribal Council shall have the authority to appoint a temporary acting treasurer from within the Tribal Council only in the event the elected treasurer is incapacitated for any reason, in the interim period before a vacancy in the Treasurer's position is filled according to Article X, Section 1, or whenever the Treasurer shall refuse to execute or be unavailable to execute a document approved by the Tribal Council.

ARTICLE VIII - MEETINGS

Section 1. The General Council shall meet annually on the third Saturday in July at a time and place designated by the Tribal Council. Should the Tribal Council determine that it is not possible or appropriate to hold the annual meeting on the specified date, it shall be held within thirty (30) days following on a date to be determined by the Tribal Council; provided, that at least thirty (30) days notice shall be given of such meeting. The annual meeting in election years shall be held at least two weeks prior to the regular election. Special meetings of the General Council may be called by the Tribal Council when it is deemed expedient and shall be called upon the written request of four (4) members of the Tribal Council. A thirty (30) day notice shall be given for such special meeting which shall include the purpose for which the meeting is being called. The Tribal Council shall have the authority to declare any General Council meeting closed to all non-tribal members except those who were invited or requested to attend for a special purpose.

Sec. 2. A quorum of the General Council shall consist of sixty-five (65) enrolled members of voting age. A quorum is not required for a special election which may be held in General Council meeting to fill Tribal Council vacancies. No quorum is required in General Council to present information of interest to tribal members and for program and office reports. All other voting except as otherwise provided in this constitution, shall require a quorum of the General Council.

Sec. 3. The General Council in the conduct of its business shall be governed by rules of order specified by resolution of the Tribal Council.

Sec. 4. General Council meetings are to be held on the Prairie Band Potawatomi Nation's Reservation.

Sec. 5. All meetings of the Tribal Council may be called by the Chairperson at his or her discretion and shall be called by him or her for the date and time requested upon the written request of any four (4) members of the Tribal Council. Should the Chairperson refuse to call the requested meeting, any four (4) members of the Tribal Council shall be empowered to do so. All members of the Tribal Council shall be notified of any called meeting.

Sec. 6. A quorum of the Tribal Council shall consist of four (4) members.

Sec. 7. The Tribal Council shall have the privilege of calling closed executive sessions by the decision of a majority vote of the quorum.

ARTICLE IX - POPULAR PARTICIPATION IN GOVERNMENT

Section 1. Initiative. Upon receipt of a valid petition signed by at least three hundred (300) adult enrolled tribal members, it shall be the duty of the Election Board to call and conduct within sixty (60) days, an initiative election to be conducted at a special meeting of the General Council. Such meeting shall be for the purpose of presenting to the qualified voters for their determination any issue or question, except recall, and as otherwise provided by this constitution.

If the Election Board refuses to notify the petition spokesman of the validation, or invalidation of the petition, within 15 days or refuses to call and conduct an initiative election, the petition spokesman shall be empowered to do so. If the Election Board determines that the petition is invalid because of minor errors that can be corrected, the petition spokesman shall be officially notified and given at least one opportunity to bring the petition up to validation according to the petitioning provisions of the Election Ordinance.

A decision by the majority of those voting shall be binding on the Tribal Council until it expires by its own terms or is otherwise changed by action of the voters. A quorum must be present to validate such action. Once an initiative issue has been submitted to the voters and rejected, the same issue shall not again be considered for such action for at least six (6) months.

Sec. 2. Referendum. Upon receipt of a valid resolution supported by an affirmative vote of at least four (4) members of the Tribal Council, the Election Board shall refer to the voters for their determination, such issue requested by the Tribal Council. The Election Board shall decide whether the referendum will be conducted by mail or at an annual or special meeting of the General Council provided a quorum is present. Except for special meetings called for referendum purposes, it shall not be necessary to give prior notice of the matter being referred to the voters. The vote of the General Council shall decide the issue and such decision shall be binding on the Tribal Council until otherwise changed by the voters; provided, a quorum is present.

ARTICLE X - VACANCIES AND REMOVAL

Section 1. Filling Vacancies. All vacancies in the Tribal Council caused by removal, recall, death or resignation shall be filled as follows:

(a) If the vacancy occurs during the first half of the term following the regular election for the position vacated, it shall be filled within sixty (60) days by either (1) an election called and conducted by the Election Board in a General Council meeting, with a quorum being required; provided that at least a ten (10) day notice shall be given of the meeting at which the election is to be held, or (2) an election by mail ballot conducted pursuant to the provisions of the Nation's Election Ordinance. The Election Board shall determine which of the above methods shall be used to fill a particular vacancy. Should it be necessary in order to achieve a quorum, the Tribal Council shall have the power to make a temporary appointment pending the completion of the election process.

(b) If the vacancy occurs during the second half of the term following the regular election for the position vacated, the Tribal Council shall fill the vacancy by appointment after affirming with the proposed qualified appointee of his or her acceptance of the position.

Sec. 2. Removal.

(a) Any member of the Tribal Council who, during the term for which he or she is elected, is convicted of any felony shall automatically forfeit his or her office effective on the date of the initial court conviction.

(b) The Tribal Council shall have the power to remove any member of the Tribal Council by affirmative vote of the majority of the council members of a quorum at a meeting called for that purpose if such member is found to be guilty of any of the following: Moral turpitude, nonfeasance or malfeasance in office, gross neglect of duty, misconduct reflecting on the dignity and integrity of the tribal government or embezzlement of tribal property or assets. The member charged with any of these offenses shall be given a written statement detailing the charges at least ten (10) days before the meeting at which the Tribal Council is to consider the charges. He or she shall be given an opportunity to appear and answer the charges. In no case shall the individual who is subject to the charges preside at the meeting at which the decision is made on the charges. The removal of only one Tribal Council member may be considered at any meeting.

(c) Failure of any member of the Tribal Council to attend three (3) consecutive meetings of the Tribal Council after having received official notification of the meeting, unless excused by the Tribal Council, shall automatically result in the removal of such officer or Council Person from office.

Sec. 3. Any member of the Tribal Council removed from office pursuant to Section 2 of this Article shall not be eligible to be elected or appointed to serve on the Tribal Council until after the end of the term in which he or she was serving at the time of the removal.

ARTICLE XI - RECALL

Section 1. Upon receipt of a petition signed by at least 300 adult tribal members, and validated by the Election Board, it shall be the duty of the Election Board to call and conduct within thirty (30) days, a special meeting of the General Council to consider the recall of a member of the Tribal Council. Such meeting is subject to quorum provisions. Only one (1) member of the Tribal Council shall be considered for recall at any given recall meeting. Once an individual is subjected to recall proceedings, he or she shall not again be considered for such action during the balance of his or her term of office.

If the Election Board refuses to notify the petition spokesman of the validation or invalidation of the petition within 15 days or to call and conduct such a recall meeting within 30 days, the spokesman for the petitioners shall be empowered to proceed with the call and conduct of the recall meeting. If the Election Board determines that the petition is invalid, the petitioner shall be officially notified and given at least one opportunity to bring the petition up to validation according to the petitioning provisions of the Election Ordinance.

ARTICLE XII - BILL OF RIGHTS

The protections guaranteed to persons by Title II of the Civil Rights Act of 1968 (82 Stat. 77, 25 U.S.C. 1301 et seq.), against actions of a tribe in exercising its powers of self-government shall apply to the Prairie Band Potawatomi Nation, its officers, and all persons within its jurisdiction.

All members of the Prairie Band Potawatomi Nation 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, including, but not limited to, freedom of religion and conscience, 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. Employment of legal counsel shall be in accord with Title VI of the Civil Rights Act of 1968. It is provided in this constitution that the acceptance of the Indian Civil Rights Act (82 Stat. 77, 25 U.S.C. 1301 et seq.) does not waive the tribe's inherent right of immunity from suit.

ARTICLE XIII - AMENDMENTS

This constitution may be amended by a majority vote of the qualified voters of the Nation voting at an election called for that purpose by the Secretary of the Interior, provided at least thirty percent (30%) of those entitled to vote shall vote in such election. No amendments shall become effective until approved by the Secretary of the Interior.

It shall be the duty of the Secretary of the Interior to call an election on any proposed amendment upon request by a majority vote of the Tribal Council or upon petition of at least three hundred (300) adult members of the Nation.

The sole power to request the call of elections to consider and adopt amendments to the Prairie Band Potawatomi constitution shall be a power designated to the General Council. It is expressly intended that the language of this provision bar the Secretary of the Interior from taking the initiative to call elections for the purpose of considering and adopting amendments to the Prairie Band Potawatomi constitution, unless so requested by a majority vote of the Tribal Council or by a petition of three hundred (300) adult members of the Nation.

ARTICLE XIV - REPEAL AND SAVINGS CLAUSE

Section 1. All ordinances and resolutions heretofore enacted by the Prairie Band Potawatomi Nation shall remain in full force and effect except to the extent that they are inconsistent with this constitution.

Sec. 2. In the event any sentence, paragraph or section be held unconstitutional or invalid by a Federal Court of competent jurisdiction, the remaining sentences, paragraphs or sections shall remain valid and be presumed consistent with the United States Constitution.

BYLAWS OF THE PRAIRIE BAND POTAWATOMI NATION

ARTICLE I - BYLAWS

The Tribal Council may propose bylaws to this constitution in order to facilitate the operation of tribal government, but such bylaws shall not be in effect until ratified by a majority vote of the General Council. All amendments to the bylaws shall be ratified by the General Council.

ARTICLE II - RATIFICATION

The constitution, when adopted by a majority vote of the qualified voters of the Prairie Band Potawatomi Nation voting at an election called for that purpose by the Secretary of the Interior, provided at least thirty percent (30%) of those entitled to vote shall vote in such election, shall be submitted to the Secretary of the Interior, and if approved shall be effective from the date of such approval.

(Previously amended February 19, 1979 and August 28, 1985. The 2000 amendments were approved by the General Council on March 29, 2000 and are effective May 13, 2000 pursuant to 25 U.S.C. 476(a)(2) and (d)(2))

Prairie Band Potawatomi Nation

Tribal Constitution
Effective May 13, 2000