PREAMBLE
We, the
Indians of the Tulalip Tribes, in order to establish a more perfect
tribal organization, promote the general welfare, encourage educational
progress, conserve and develop our lands and resources, and secure to
ourselves and our posterity the power to exercise certain rights of
home rule not inconsistent with the Federal, State, and local laws,
do ordain and establish this Constitution for the Tulalip Indians.
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ARTICLE I - TERRITORY
The jurisdiction
of the Tulalip Tribes shall extend to the territory within the original
confines of the Tulalip Reservation as set forth by Executive order
of December 23, 1873, in pursuance of Article III of the Treaty of Point
Elliott, January 22, 1855 (12 Stat. 927), and to such other lands as
may be hereafter added thereto under any law of the United States, except
as otherwise provided by law.
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ARTICLE II - MEMBERSHIP
Section
1. The membership of the Tulalip Tribes shall consist as follows:
A. All
persons of Indian blood whose names appear on the census roll of Tulalip
Indians as of January 1, 1935; provided, that such roll may be corrected
within twenty-five years and three months after approval of this Constitution
and Bylaws by the Board of Directors with the approval of the Secretary
of the Interior.
B. All
children born to any member of the Tulalip Tribes who is a resident
of the reservation at the time of the birth of said children.
Section 2. The Board of Directors shall have the power
to promulgate ordinances, subject to review by the Secretary of the
Interior, covering future membership and the adoption of new members,
making any necessary adjustments of property rights.
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ARTICLE III - GOVERNING BODY
Section
1. The governing body of the Tulalip Indians shall consist of
a council, known as the Tulalip Board of Directors.
Section 2. This Board shall consist of seven (7) members
duly elected to serve three (3) years, two (2) being elected each year,
except that every third year three (3) shall be elected.
Section 3. The General Council shall after each regular
election select from the members of the Board: (1) a chairman, (2) a
vice-chairman, (3) a secretary, (4) a treasurer; and the Board may appoint
or employ such other officers and committees as may be deemed necessary.
Section 4. The first election of the Board of Directors
hereunder shall be called and supervised by the present tribal council
at least thirty (30) days after the ratification and approval of this
Constitution. There shall be elected three (3) Board members who shall
hold office for three (3) years, two (2) Board members who shall serve
two (2) years, and two (2) Board members who shall serve one (1) year;
and they shall hold office until their
successors are duly elected and qualified. After the first election,
elections for the Board of Directors shall be called not more than sixty
(60) days prior to the expiration of the terms of office of the members
of the Board of Directors.
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ARTICLE IV - ELECTION AND NOMINATION
FOR THE BOARD OF DIRECTORS
Section
1. All enrolled members of the Tulalip Tribes eighteen (18)
years of age or over and registered to vote, shall have the right to
vote.
Section 2. The time and places of voting shall be designated
by the Board of Directors.
Section 3. All elections shall be by secret ballot.
Section 4. Nominations of candidates for office under this
Constitution shall be by petition signed by not less than five (5) legal
voters. A voter may sign only one (1) petition. Petitions for nomination
shall be filed with the Secretary of the Board of Directors at least
thirty (30) days prior to the election for which the candidate makes
such petition. The list of qualified candidates shall be posted by the
Secretary of the Board of Directors in a public place not less than
two (2) weeks prior to the election.
Section 5. All elections shall be held in accordance with
the rules and regulations laid down by the Board.
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ARTICLE V - VACANCIES AND REMOVAL FROM
OFFICE
Section
1. If a director or official shall die, resign, permanently
leave the reservation, or shall be found guilty of a crime or misdemeanor
involving dishonesty in any Indian, State, or Federal court, the Board
shall declare the position vacant and elect to fill the vacancy until
the next general election.
Section 2. The Board of Directors may be a two-thirds
affirmative vote expel any member for neglect of duty or gross misconduct.
Before any vote for expulsion is taken on the matter, such member shall
be given an opportunity to answer any and all charges at a designated
council meeting; the decision of the tribal council shall be final.
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ARTICLE VI - POWERS OF THE BOARD OF DIRECTORS
Section
1. Enumerated Powers. The Board of Directors of the Tulalip
Indian Reservation shall exercise the following powers, subject to any
limitations imposed by the statutes or the Constitution of the United
States of America, and subject further to all express restrictions upon
such powers contained in this constitution and the attached bylaws and
subject to review by the General Council:
A. To
negotiate with the Federal, State, and local governments on behalf
of the Tribe and to advise and consult with the representatives of
the Interior Department on all activities of the Department that may
affect the Tulalip Reservation.
B. To
employ legal counsel for the protection and advancement of the rights
of the Tulalip Indians, the choice of counsel and fixing of fees to
be subject to the approval of the Tribe and of the Secretary of the
Interior.
C. To
approve or veto any sale, disposition, lease, or encumbrance of tribal
lands, interests in lands, or other tribal assets which may be authorized
or executed by the Secretary of the Interior, the Commissioner of
Indian Affairs or any other official or agency of government, provided
that tribal lands may be mortgaged or sold as now or hereafter provided
by law, with the consent of the Secretary of the Interior on such
terms or conditions as the Tulalip Board of Directors may prescribe.
D. To
advise the Secretary of the Interior with regard to all appropriation
estimates or Federal projects for the benefit of the Tulalip Reservation
prior to the submission of such estimates to the Bureau of the Budget
and to Congress.
E. To
make assignments of reservation land to members of the Tulalip Tribe
in conformity with Article VIII of this Constitution.
F. To
manage all economic affairs and enterprises of the Tulalip Reservation
in accordance with the terms of a charter to be issued to the Tulalip
Indians by the Secretary of the Interior.
G. To
appropriate for salaries of tribal officials or for public purposes
of the reservation any available tribal funds, provided that any such
appropriation made prior to July 1, 1940, shall be subject to review
by the Secretary of the Interior.
H. To
levy taxes upon members of the Tulalip Tribe and to require to performance
of community labor in lieu thereof, and to levy taxes or license fees,
subject to review by the Secretary of the Interior, upon non-members
doing business within the reservation.
I. To
exclude from the restricted land of the Tulalip Reservation persons
not legally entitled to reside therein, under ordinances which shall
be subject to review by the Secretary of the Interior.
J. To
enact resolutions or ordinances not inconsistent with Article II of
this Constitution governing adoption and abandonment of membership.
K. To
promulgate and enforce ordinances, which shall be subject to review
by the Secretary of the Interior, governing the conduct of members
of the Tulalip Tribes, and providing for the maintenance of law and
order and the administration of the justice by establishing a reservation
court and defining its duties and powers.
L. To
safeguard and promote the peace, safety, morals, and general welfare
of the Tulalip Reservation by regulating the conduct of trade and
the use and disposition of property upon the reservation, provided
that any ordinance directly affecting non-members of the Tulalip Tribes
shall be subject to review by the Secretary of the Interior.
M. To
charter subordinate organizations for economic purposes and to regulate
the activities of all cooperative associations of members of the Tulalip
Tribes.
N. To
regulate the inheritance of property, real and personal, other than
allotted lands within the territory of the Tulalip Reservation, subject
to review by the Secretary of the Interior.
O. To
regulate the domestic relations of members of the tribes, subject
to review by the Secretary of the Interior.
P. To
provide for the appointment of guardians for minors and mental incompetents
by ordinance or resolution, subject to review by the Secretary of
the Interior.
Q. To
cultivate and preserve native arts, crafts, culture and Indian ceremonials.
R. To
adopt resolutions regulating the procedure of the Board itself and
of other tribal agencies and tribal officials of the reservation.
S. To
delegate to subordinate boards or to cooperative associations which
are open to all members of the tribes any of the foregoing powers,
reserving the right to review any action taken by virtue of such delegated
power.
T. To
make grants of tribal funds per capita to elderly members of the Tribe
and to also distribute tribal funds per capita to all enrolled members
of the Tribe from the net income of the Tribe over and above the amount
necessary to timely defray tribal obligations, which obligations shall
include reserve funds and savings accounts.
U. To
regulate by ordinance the exercise of the right to hunt and fish,
gather berries, roots, shellfish and other traditional rights and
areas, including those heretofore secured to the tribes and bands
of the Tulalip Reservation by Article V of the Treaty of Point Elliott
(January 22, 1855, 12 Stat. 927) and to enforce the same.
V. To
promulgate ordinances, subject to review by the Secretary of the Interior,
providing for the exercise of the power of eminent domain for public
uses. No property shall be taken without due process of law without
just compensation having been made.
Section 2. Manner of Review. Any resolution or ordinance,
which by the terms of this Constitution is subject to review by the
Secretary of the Interior, shall be presented to the Superintendent
of the reservation no later than ten (10) days from its enactment. Within
ten (10) days from receipt thereof, the Superintendent shall approve
or disapprove the same.
If the
Superintendent shall approve any ordinance or resolution, it shall thereupon
become effective, but the Superintendent shall transmit a copy of the
same, bearing his endorsement, to the Secretary of the Interior, who
may, within ninety (90) days from the date of its receipt by him rescind
the said ordinance or resolution for any cause by notifying the Board
of Directors of such decision, Article V of the Treaty of Point Elliott
(January 22, 1855, 12 Stat. 927), and to enforce the same.
If the
Superintendent shall refuse to approve any resolution or ordinance duly
submitted to him, he shall within ten (10) days after its receipt by
him advise the Board of Directors of his reasons therefor. If these
reasons appear to the Board insufficient, it may, by a majority vote,
refer the ordinance or resolution to the Secretary of the Interior,
who may, within ninety (90) days from the date of its receipt by him,
approve the same in writing, whereupon the said ordinance or resolution
shall become effective.
Section 3. Future Powers. The Board of Directors of the
Tulalip Reservation may exercise such further powers as may in the future
be delegated to the Board by the Secretary of the Interior, or by any
other duly authorized official or agency of government.
Section 4. Reserved Powers. Any rights and powers heretofore
vested in the tribes or bands of the Tulalip Reservation but not expressly
referred to in this Constitution shall not be abridged by this article,
but may be exercised by the people of the Tulalip Reservation through
the adoption of appropriate bylaws and constitutional amendments.
Section 5. Manner of Review by the General Council. The Chairman
of the Board of Directors shall call a General Council annually on election
day, at which time he shall report in detail to the Council what has
been done during the past year and set forth the plans of the Board
for the coming years. This shall be freely discussed by the General
Council, and the wishes of the General Council may be expressed by resolution
or ordinance which shall govern the future action of the Board of Directors,
or repeal or amend any past action of such Board, as of the date of
such repeal or amendment.
The Chairman
of the Board of Directors shall also call a semi-annual General Council
no sooner than one hundred eighty (180) days, nor more than two hundred
ten (210) days, following election day. The quorum shall be the same
as the annual General Council.
The Chairman
shall call special meetings of the General Council upon written request
of fifty (50) voters.
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ARTICLE VII - BILL OF RIGHTS
Section
1. Suffrage. All members of the Tribes over the age of eighteen
(18) shall have the right to vote in all tribal reservation elections.
The residence qualifications established by Article IV of this Constitution
shall apply to all elections except elections for the amendment of this
Constitution and the attached Bylaws.
Section 2. Economic Rights. All members of the Tribes
shall be accorded equal opportunities to participate in the economic
resources and activities of the reservation.
Section 3. Civil Liberties. All members of the Tribes
may enjoy without hindrance freedom of worship, conscience, speech,
press, assembly, and association.
Section 4. Rights of Accused. Any member of the Tulalip
Tribes accused of any offense shall have the right to a prompt, open,
and public hearing, with due notice of the offense charged, and shall
be permitted to summon witnesses on his own behalf. Trial by jury may
be demanded by any prisoner accused of any offense punishable by more
than thirty (30) days' imprisonment. Excessive bail shall not be required
and cruel punishment shall not be imposed.
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ARTICLE VIII - LAND
Section
1. Allotted Lands. Allotted lands, including heirship lands,
within the Tulalip Reservation shall continue to be held as heretofore
by their present owners. It is recognized that under existing law such
lands may be condemned for public purposes, such as roads, public buildings,
or other public improvements, upon payment of adequate compensation,
by any agency of the State of Washington, or of the Federal Government,
or by the Tribe itself. It is further recognized that under existing
law such lands may be inherited by the heirs of the present owner, whether
or not they are members of the Tulalip Tribes. Likewise it is recognized
that under existing law the Secretary of the interior may, in his discretion,
remove restrictions upon such lands, upon application by the Indian
owner, whereupon the land will become subject to State taxes and may
then be mortgaged or sold. The right of the individual Indian to hold
or to part with his land, as under existing law, shall not be abrogated
by anything contained in this Constitution, but the owner of restricted
land may, with the approval of the Secretary of the Interior, voluntarily
convey his land to the Tulalip Tribes either in exchange for a money
payment or in exchange for an assignment covering the same land or other
land, as hereinafter provided.
Section 2. Tribal Lands.
A. The
unallotted lands of the Tulalip Reservation and all lands heretofore
acquired or which may be hereafter acquired by the Tulalip Tribes
of Washington, or by the United States in trust for the Tulalip Tribes
of Washington, shall be held as tribal lands. Such lands may be mortgaged
or sold as now or hereafter provided by law, with the consent of the
Secretary of the Interior on such terms and conditions as the Tulalip
Board of Directors may prescribe.
B. Subject
to any limitations imposed by this Constitution and Bylaws, or by
any applicable Federal statute, the Tulalip Board of Directors may:
1.
Purchase, or receive by gift or relinquishment, land or any interest
therein.
2.
Sell, mortgage, trade or exchange with or without the giving of
receipt or other considerations, tribal lands or interest therein
heretofore or hereafter acquired.
C. Tribal
lands shall not be allotted to individual Indians, but may be assigned
to members of the Tulalip Tribes, or leased, or otherwise used by
the Tulalip Tribes for the common benefit of the members thereof.
Section 3. Leasing of Tribal Lands. Tribal lands may be
leased by the Board of Directors, with the approval of the Secretary
of the Interior, for such periods of time as are permitted by law.
In leasing
of tribal lands preference shall be given, first, to Indian cooperative
associations, and, secondly, to individual Indians who are members of
the Tulalip Tribes.
Section 4. Grant of "Standard" Assignments.
In any assignment of tribal lands which now are owned by the Tribes
or which hereafter may be acquired for the Tribes by the United States
or purchased by the Tribes out of tribal funds, preference shall be
given, first, to heads of families which have no allotted lands or interests
in allotted lands.
No allotted
member of the Tulalip Tribes who may hereafter have the restrictions
upon his land removed and whose land may thereafter be alienated shall
be entitled to receive an assignment of land as a landless Indian.
The Board
of Directors may, if it sees fit, charge a fee not to exceed $5 on approval
of an assignment made under this section.
Assignments
made under this section shall be for the primary purpose of establishing
homes for landless Indians, and shall be known as "Standard Assignments."
Section 5. Tenure of Standard Assignments. If any member
of the Tribes holding a standard assignment of land, shall, for a period
of two (2) years, fail to use the land so assigned or use such land
for any unlawful purposes, his assignment may be cancelled by the Board
of Directors after due notice and an opportunity to be heard, and the
said land may be reassigned in accordance with the provisions of Section
4 of this Article.
Upon the
death of any Indian holding a "standard assignment," his heirs
or other individuals designated by him by will or by written request
shall have a preference in the reassignment of the land, provided such
persons are members of the Tulalip Tribes who would be eligible to receive
a "standard assignment."
Section 6. Grant of "Exchange" Assignments. Any
member of the Tribes who owns any restricted or unrestricted land or
any interest therein may, with the approval of the Secretary of the
Interior, voluntarily transfer his interest in such land to the Tribes
in exchange for an assignment to the same land or other land of equal
value. If the assignee prefers, he may receive, in lieu of a specific
tract of land, a proportionate share in a larger grazing unit.
Assignments
made under this section shall be known as "Exchange" assignments.
Section 7. Leasing of Exchange Assignments. Exchange assignments
may be used by the assignee or leased by him to Indian cooperative associations,
to individual members of the Tribes, or, if no individual Indian or
Indian cooperative association is able and willing to rent the land
at a reasonable fee, such assignments may be leased to non-Indians,
in the same manner as allotted lands.
Section 8. Inheritance of Exchange Assignments. Upon the
death of the holder of any exchange assignment, such land shall be reassigned
by the Board of Directors to his heirs or devisees, subject to the following
conditions:
A. Such
lands may not be reassigned to any heir or devisee who is not a member
of the Tulalip Tribes, except that a life assignment may be made to
the surviving widower or widow of the holder of an assignment.
B. Such
lands may not be reassigned to any heir or devisee who already holds
more than forty (40) acres of uncleared lands or other land or interest
in land of equal value, either under allotment or under assignment.
C. Such
lands may not be subdivided among heirs or devisees into units too
small for convenient management. No area of uncleared land shall be
subdivided into units smaller than twenty (20) acres, and no area
of agricultural land shall be subdivided into units smaller than two
and onehalf (2 ) acres, except that land used for building or other
improvements may be divided to suit the convenience of the parties.
Where it is impossible to divide the land properly among the eligible
heirs or devisees, the Board of Directors shall issue to such heirs
or devisees interest in tribal land or property of the same value
as the assignment of the decedent.
D. If
there are no eligible heirs or devisees of the decedent, the land
shall be eligible for reassignment in accordance with the provisions
of Section 4 of this Article.
Section 9. Inheritance of Improvements. Improvements of
any character made upon assigned land may be bequeathed to and inherited
by members of the Tulalip Indians or otherwise disposed of under such
regulations as the Board of Directors shall provide. No permanent improvements
shall be removed from the land without the consent of the Board of Directors.
Section 10. Exchange of Assignments. Assignments may be
exchanged between members of the Tulalip Tribes by common consent in
such manner as the Board of Directors shall designate.
Section 11. Use of Unassigned Community Land. Community
land which is not assigned, including community timber reserves, shall
be managed by the Board of Directors for the benefit of the members
of the entire community, and any cash income derived from such land
shall accrue to the benefit of the community as a whole. All action
of the Board of Directors with respect to such lands shall be in conformity
with departmental regulations for protection of Indian range and timber
resources authorized by Section 6 of the Act of June 18, 1934.
Section 12. Purchase of Land by Tribes. Tribal funds may
be used, with the consent of the Secretary of the Interior, to acquire
land, under the following conditions:
A. Land
within the Tulalip Reservation or adjacent to the boundaries thereof
which is not now in Indian ownership may be purchased by or for the
Tulalip Indians.
B. Restricted
land which is in heirship status at the time of the adoption and approval
of this Constitution may be purchased by or for the Tribes, with the
consent of all the adult heirs, and the legal guardians of minor heirs,
payment therefor to be made as may be agreed upon.
C. Land
owned by any member of the Tribes who is over the age of sixty (60)
years, or who is physically incapacitated, may be transferred by its
owner to the Tribes in exchange for a pension of not more than twice
the annual rental value of the land for the life of the pensioner,
to be paid out of available tribal funds.
D. Land
owned by any member of the community in excess of his needs for domestic
purposes may be purchased by the community, with the consent of the
owner, payments to be made under such terms as may be agreed upon
by the Board and owner.
E. Land
owned by any member of the Tribes who desires to leave the reservation
permanently may be purchased by the Tribes, under such terms as may
be agreed upon.
Section 13. Method of Making Assignments. Applications
for assignments shall be filed with the Secretary of the Board and shall
be in writing, setting forth the name of the person or persons applying
for the land and as accurate a description of the land desired as the
circumstances will permit. Notices of all applications received by the
Secretary shall be posted by him in the agency office and in at least
three (3) conspicuous places on the reservation for not less than twenty
(20) days before action is taken by the Board. Any member of the Tribes
wishing to oppose the granting of an assignment shall do so in writing,
setting forth his objections, to be filed with the Secretary of the
Board, and may if he so desires appear before the Board to present evidence.
The Secretary of the Board shall furnish the Superintendent or other
officers in charge of the agency a complete record of all action taken
by the Board on applications for assignment of land, and a complete
record of assignments shall be kept in the agency office and shall be
open for inspection by members of the Tribes.
The Board
shall draw up one or more forms for standard and exchange assignments,
which shall be subject to the approval of the Secretary of the Interior.
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ARTICLE IX - AMENDMENTS
Amendments
to the Constitution and Bylaws may be ratified and approved in the same
manner as this Constitution and Bylaws.
Whenever
five members of the council shall consider an amendment necessary such
amendment shall be duly approved by five or more members of the council
and sent to the Secretary of the Interior. It shall then be the duty
of the Secretary of the Interior to call an election. If at such election
the amendment is adopted by a majority of the qualified voters of the
Tribes voting therein and if at least thirty percent (30%) of those
entitled to vote shall vote in such election, such amendment shall be
submitted to the Secretary of the Interior and, if approved by him,
shall thereupon take effect.
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BYLAWS FOR THE TULALIP TRIBES OF
WASHINGTON
ARTICLE I - DUTIES OF OFFICERS
Section
1. Chairman of the Board. The Chairman of the Board shall preside
over all meetings of the Board, shall perform all duties of a chairman
and exercise any authority delegated to him by the Board. He shall vote
only in the case of a tie.
Section 2. Vice-Chairman of the Board. The Vice-Chairman
shall assist the Chairman when called upon so to do and in the absence
of the Chairman he shall preside. When so presiding he shall have all
the rights, privileges, and duties as well as the responsibilities of
the Chairman.
Section 3. Secretary of the Board. The Secretary of the
Board of Directors shall conduct all tribal correspondence and shall
keep an accurate record of all matters transacted at Board meetings.
It shall be his duty to submit promptly to the Superintendent of the
jurisdiction and Commissioner of Indian Affairs copies of all minutes
of regular and special meetings of the Board of Directors.
Section 4. Treasurer of the Board. The Treasurer of the
Board of Directors shall accept, receive, receipt for, preserve, and
safeguard all funds in the custody of the Board, whether same be tribal
funds or special funds for which the Board is acting as trustee or custodian.
He shall deposit all such funds in such bank or elsewhere as directed
by the Board 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 Board at regular meetings and at such other times
as requested by the Board.
He shall
not pay out or otherwise disburse any funds in his possession or custody,
or in the possession or custody of the tribal Board when properly authorized
so to do by resolution duly passed by the Board.
The books
and records of the Treasurer shall be audited at least once each year
by a competent auditor employed by the Board and at such other times
as the Board or the Commissioner of Indian Affairs may direct.
The Treasurer
shall be required to give a bond satisfactory to the Board and to the
Commissioner of Indian Affairs.
The Treasurer
shall be present at all special or regular meetings of the council.
Section 5. Appointive Officers. The duties of all appointive
committees or officers of the Tulalip Indians shall be clearly defined
by resolution of the Board at the time of their creation or appointment.
Such committees and officers shall report, from time to time as required,
to the Board, and their activities and decision shall be subject to
review by the Board upon the petition of any person aggrieved.
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ARTICLE II - QUALIFICATIONS OF DIRECTORS
Section
1. No person shall be a candidate for membership in the Board
of Directors unless he or she shall be a member of the Tulalip Tribes
and shall have resided upon the reservation for any continuous period
of one (1) year prior to the election, and shall be at least twenty-one
(21) years of age. No person may be a candidate for membership on the
Board of Directors if he or she shall have been found guilty of any
felony, or a misdemeanor involving controlled substances or dishonesty,
in any Indian, State, or Federal Court within three (3) years prior
to the election.
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ARTICLE III - CERTIFICATION OF ELECTION
It shall
be the duty of the members of the Board of Directors to certify to the
election of the duly elected Board members. This shall be done immediately,
and the certificate filed with the Secretary.
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ARTICLE IV - INSTALLATION OF DIRECTORS
Newly elected
members who have been duly certified shall be installed at the first
regular meeting of the Board of Directors following the election upon
subscribing to the following oath:
"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 Tulalip Indians to the best of
my ability, so help me God."
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ARTICLE V - TIME AND PLACE OF REGULAR
MEETINGS AND PROCEDURE
Section
1. Meetings. Regular meetings of the Board of Directors shall
be held on the first Saturday of each month at Tulalip, Washington,
at a designated building or hall where official records will be kept.
Special meetings may be called by a written notice signed by the Chairman
or by a majority of the Board of Directors and when so called the Board
of Directors shall have power to transact business as in regular meetings.
Section 2. Quorum. No business shall be transacted unless
a quorum is present. A quorum shall consist of five (5) Directors. A
quorum of the General Council shall consist of eighty (80) voters at
the annual meeting and fifty (50) voters at a called meeting.
Section 3. Order of Business. The following order of business
is established for all meetings:
A. Call
to order by the Chairman
B. Roll
call
C. Ascertainment
of a quorum
D. Reading
of the minutes of the last meeting
E. Adoption
of the minutes by vote or common consent
F. Unfinished
business
G. New
business
H. Adjournment
Section 4. Ordinances and Resolutions. All final decisions
of the Board or of the General Council on matters of general and permanent
interest to the members of the Tribes shall be embodied in ordinances.
Such ordinances shall be collected and published from time to time for
the information and education of the members of the Tribes.
All final
decisions of the Board or of the General Council on matters of temporary
interest (such as action on the reservation budget for a single year,
or petitions to Congress or to the Secretary of the Interior) or relating
especially to particular individuals or officials (such as adoption
of members, instructions for tribal employees or rules of order for
the Board) shall be embodied in resolutions. Such resolutions shall
be recorded in a special book which shall be open to public inspection.
All questions
of procedure (such as acceptance of committee reports or invitations
to outsiders to speak) shall be decided by motion duly passed or by
ruling of the Chairman if no objection is heard.
In all
ordinances, resolutions, or motions the Board may act by majority vote,
but all matters of importance shall be fully discussed and a reasonable
attempt shall be made to secure unanimous agreement, and parliamentary
procedure shall otherwise be governed by Robert's Rules of Order.
Section 5. Legislative Forms. Every ordinance shall begin
with the words: "Be it enacted by the Board of Directors (or the
General Council) of the Tulalip Tribes . . . ."
Every resolution
shall begin with the words: "Be it resolved by the Board of Directors
(or the General Council) of the Tulalip Tribes . . . ."
Every ordinance
or resolution shall contain a citation of the laws of the United States
and the provisions of the Tulalip Constitution under which authority
for the said ordinance or resolution is found.
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ARTICLE VI - CENTRAL GENERAL COUNCIL
Section
1. The Board of Directors shall have the power to select delegates
to sit in a Central General Council of the Northwest Indian.
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ARTICLE VII - ADOPTION
This Constitution
and Bylaws attached hereto shall be in full force and effect whenever
a majority of the adult voters of the Tulalip Tribes voting at an election
called by the Secretary of the Interior in which at least thirty percent
(30%) of the eligible voters shall vote, shall have ratified such Constitution
and Bylaws, and the Secretary of the Interior shall have approved same,
as provided in the Act of June 18, 1934, as amended by the Act of June
15, 1935.
CERTIFICATION OF ADOPTION
Pursuant
to an order, approved October 29, 1935, by the Secretary of the Interior,
the attached Constitution and Bylaws were submitted for ratification
to the Indians of the Tulalip Tribes and were on November 23, 1935,
duly adopted by a vote of 98 for and 9 against, in an election in which
over thirty percent (30%) of those entitled to vote cast their ballots,
in accordance with Section 16 of the Indian Reorganization Act of June
18, 1934 (48 Stat. 984) as amended by the Act of June 18, 1935 (Pub.
No. 147, 74th Cong.)
_________________________________
(Sgd.) Joseph James
Chairman of Election Board
_________________________________
(Sgd.) Wilfred Steve
Chairman, Tulalip Tribal Council
_________________________________
(Sgd.) Sebastian Williams
Secretary, Tulalip Tribal Council
_________________________________
(Sgd.) O. C. Upchurch
Superintendent
APPROVAL
I, Harold
L. Ickes, the Secretary of the Interior of the United States of America,
by virtue of the authority granted me by the Act of June 18, 1934 (48
Stat. 984), as amended, do hereby approve the attached Constitution
and Bylaws of the Indians of the Tulalip Reservation.
All rules
and regulations heretofore promulgated by the Interior Department or
by the Office of Indian Affairs, so far as they may be incompatible
with any of the provisions of the said Constitution or Bylaws are hereby
declared inapplicable to the Indians of the Tulalip Reservation.
All officers
and employees of the Interior Department are ordered to abide by the
provisions of the said Constitution and Bylaws.
Approval
recommended January 18, 1936.
_________________________________
(Sgd.) William Zimmerman, Jr.
Assistant Commissioner of Indian Affairs
_________________________________
(Sgd.) Charles West
Acting Secretary of the Interior
(SEAL)
Washington,
D.C.
Date: January 24, 1936
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History:
Amendment
adopted March 8, 1941; Approved May 9, 1941
Amendment
adopted March 14, 1959; Approved April 24, 1959
Amendment
adopted May 11, 1968; Approved June 19, 1968
Amendment
adopted February 10, 1972; Approved April 27, 1972
Amendment
adopted April 6, 1974; Approved April 27, 1974
Amendment
adopted November 1, 1974; Approved January 17, 1975
Amendment
adopted April 13, 1988; Approved June 22, 1988
Amendment
adopted March 12, 1991; Approved March 14, 1991
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