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Yurok Const. Art. IV. Duties and Powers of the Yurok Council

Yurok Tribal Const. Art. IV, § 1

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article Iv-Duties and Powers of the Yurok Council

SECTION 1. Tribal Chairperson

The Chairperson shall be the chief executive officer of the Tribe, and in that capacity shall have the following authority and duties:

a) To preside over all meetings of the Yurok Tribal Council and the Tribal Voting Membership, and to vote only in case of a tie;

b) To call special meetings of the Yurok Tribal Council or the Tribal Voting Membership as necessary with the request of Council members or Tribal members as provided in this Constitution;

c) To faithfully implement and enforce the legislative enactments and policies of the Yurok Tribe;

d) To execute such contracts, agreements, and other documents on behalf of the Yurok Tribe as have been duly authorized by the Yurok Tribal Council in the exercise of authority delegated by this Constitution, or by the Tribal Voting Membership;

e) To act as the principal spokesperson and representative for the Yurok Tribe in its dealings with all other governmental and non-governmental entities, or to delegate such duties to other Tribal officers or officials as may be authorized by the Yurok Tribal Council;

f) To appoint persons to serve in unelected positions within the executive or judicial branches of the Tribal government and to advisory committees that have been created by the Yurok Tribal Council, with the advice and consent of the Yurok Tribal Council, and otherwise to implement such personnel policies and procedures as may be established by the Yurok Tribal Council. Efforts will be made to balance representation of the Advisory Committees between on and off Reservation.

g) To take such actions, including removal and/or barring of persons from Tribal lands, as may be necessary to safeguard the health and/or safety of the Yurok Tribe or its natural resources from imminent danger pending action by the Yurok Tribal Council, provided, however, that the Chairperson first shall have attempted to convene a special meeting of the Yurok Tribal Council on the issue. If such emergency action was not preceded by a meeting of the Yurok Tribal Council authorizing such action, the Tribal Chairperson shall, within forty-eight (48) hours after taking such action, convene a special meeting of the Yurok Tribal Council at which the only item of business shall be responding to the emergency. If the Yurok Tribal Council declines to ratify the Chairperson's emergency action, or if no meeting is held within the time allowed therefore, said action shall cease to have any force or effect upon the earlier of the Yurok Tribal Council's vote not to ratify such action or the expiration of forty-eight (48) hours after the action.

h) To prepare and present to the Yurok Tribal Council for approval, no later than one hundred and twenty (120) days prior to the beginning of each fiscal year, a proposed annual Tribal financial plan that sets forth in detail the then current assets of the Yurok Tribe, the sources and amounts of all anticipated Tribal revenues for the year, and a Tribal budget for said year.

Yurok Tribal Constitution Art. IV, § 1, Yurok Const. Art. IV, § 1

Current through October 1, 2010

 

Yurok Const. Art. IV, § 2

SECTION 2. Vice-Chairperson

Yurok Tribal Const. Art. IV, § 2

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article Iv-Duties and Powers of the Yurok Council

SECTION 2. Vice-Chairperson

The Vice-Chairperson shall have the following authority and duties:

a) To preside over meetings of the Yurok Tribal Council or Tribal Voting Membership in the absence of the Chairperson;

b) To act in place of the Chairperson as the spokesperson or representative of the Yurok Tribe upon written delegation by the Chairperson or the Yurok Tribal Council;

c) To assume the office and duties of the Chairperson upon the Chairperson's death, resignation, or removal, or a determination by a two-thirds (2/3) majority vote of a quorum of the Yurok Tribal Council that the Chairperson has become permanently or indefinitely incapacitated to an extent that prevents the Chairperson from fulfilling the obligations of the office.

Yurok Tribal Constitution Art. IV, § 2, Yurok Const. Art. IV, § 2

Current through October 1, 2010

 

Yurok Const. Art. IV, § 3

SECTION 3. Other Tribal Officers

Yurok Tribal Const. Art. IV, § 3

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article Iv-Duties and Powers of the Yurok Council

SECTION 3. Other Tribal Officers

The Tribal Secretary shall be elected by the Yurok Tribal Council from among its duly-elected members at the first regular Tribal Council meeting following each annual election, and shall have the following duties and authorities:

a) To faithfully prepare and maintain the official records of the proceedings of all meetings of the Tribal Voting Membership and the Yurok Tribal Council;

b) To certify and maintain custody of all resolutions, legislative enactments, and other official actions of the Yurok Tribal Council and the Tribal Voting Membership;

c) To send and receive and maintain custody of all official correspondence and documents of the Yurok Tribe;

d) To act as the custodian and keeper of the seal of the Yurok Tribe.

Yurok Tribal Constitution Art. IV, § 3, Yurok Const. Art. IV, § 3

Current through October 1, 2010

 

Yurok Const. Art. IV, § 4

SECTION 4. Miscellaneous Other Officers

Yurok Tribal Const. Art. IV, § 4

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article Iv-Duties and Powers of the Yurok Council

SECTION 4. Miscellaneous Other Officers

At its first regular meeting following each annual election, an from time to time thereafter as it may deem appropriate, the Yurok Tribal Council may elect from its members such other officers as it may deem necessary to effectively fulfill its obligations and exercise its authority.

Yurok Tribal Constitution Art. IV, § 4, Yurok Const. Art. IV, § 4

Current through October 1, 2010

 

Yurok Const. Art. IV, § 5

SECTION 5. Yurok Tribal Council

Yurok Tribal Const. Art. IV, § 5

The Yurok Tribe of California

Constitution of the Yurok Tribe

Article Iv-Duties and Powers of the Yurok Council

SECTION 5. Yurok Tribal Council

a) Except as otherwise reserved to the Tribal Voting Membership by this Constitution, the legislative power of the Yurok Tribe hereby is delegated by the Tribal Voting Membership to the Yurok Tribal Council, and in the exercise thereof the Yurok Tribal Council shall have the authority to enact legislation, rules and regulations not inconsistent with this Constitution to further the objectives of the Yurok Tribe as reflected in the Preamble to this Constitution; administer and regulate affairs, persons and transactions within Tribal Territory; enact civil and criminal laws; promulgate policies regarding elected Tribal officials' and Tribal employees' use, possession or sale of illegal drugs, and the unlawful use or abuse of legal drugs and controlled substances; manage Tribal lands and assets and appropriate and authorize the expenditure of funds owned by or available to the Yurok Tribe; charter and regulate corporations and entities of all kinds; provide for the exclusion of persons and/or entities from Tribal affairs and/or Tribal Territory under appropriate circumstances; and obtain and generate revenue for Tribal purposes through taxation and fees upon income, property, transactions and sales within Tribal Territory; provided however, that laws that affect the fundamental rights of Tribal members, such as taxation of Tribal members, and the Waiver of claims issue shall not be effective until approved in a referendum among the Tribal Voting Membership pursuant to Article XI of this Constitution.

b) The Yurok Tribal Council shall fix and prescribe salaries and allowances for all appointed officials and the employees of the Yurok Tribe.

c) The Yurok Tribal Council shall prescribe salaries and allowances, if any, for all elected officials of the Tribe. No setting or adjustment of salaries and allowances shall be done without at least thirty (30) days notice that it will be on the Tribal Council agenda. No increase in compensation shall be effective until one (1) year from the date of approval has passed.

d) The Yurok Tribal Council shall by ordinance provide a system for assuring the reasonable and appropriate access by tribal members to tribal records and meetings.

e) The Yurok Tribal Council shall by ordinance within ninety (90) days of the election of the first Yurok Tribal Council under this Constitution, prescribe enrollment procedures and establish an Enrollment Committee whose members shall be appointed by the Chairperson with the advice and consent of the Yurok Tribal Council.

f) The Yurok Tribal Council shall by ordinance prescribe election procedures for Tribal elections. The Yurok Tribal Council shall by Ordinance establish an Election Board whose members shall be appointed by the Chairperson with the advice and consent of the Yurok Tribal Council.

g) The Yurok Tribal Council shall act upon all appointments requiring its confirmation within thirty (30) days.

h) The Yurok Tribal Council shall have the authority to act on behalf of the Tribe to acquire, lease, assign, and manage all tribal property, but shall not sell any tribal land, nor lease tribal land for a period of twenty (20) years or more, unless approved by a referendum submitted to the voting membership pursuant to Article XI.

i) The Yurok Tribal Council shall by ordinances-prescribe a Drug Testing policy for Council Members, a Conflict of Interest policy, and a Mandated Meeting policy for operation of Council business. These ordinances shall be adopted within one (1) year of installation of the Tribal officials elected in the initial Tribal election.

j) No legislation, ordinance, or other major action shall be enacted unless approved by at least five (5) members of the Yurok Tribal Council, including a vote by the Tribal Chairperson if needed.

k) The Yurok Tribal council district representatives shall conduct quarterly meetings within their respective districts.

Yurok Tribal Constitution Art. IV, § 5, Yurok Const. Art. IV, § 5

Current through October 1, 2010

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