Constitution and Bylaws of the Cedarville Rancheria, Modoc County, Cedarville, California
Received: 2003
PREAMBLE
We, the adult members of the Cedarville Rancheria, in Modoc County,
California, in order to establish a formal organization and to secure
the privileges and powers provided for by the Indian Reorganization
Act of June 18, 1934 (48 Stat. 984), do hereby ordain and establish
this constitution and bylaws.
The name of this organization shall be the Cedarville Rancheria hereafter
referred to as the Rancheria.
The jurisdiction of this organization shall extend to the land now within
the confines of the Cedarville Rancheria and to such other lands as
may hereafter be added thereto.
Section 1. The membership of the Cedarville Rancheria shall consist of:
(a) All persons of the Rancheria whose names appear on or are entitled to appear on the Official Census Roll, dated July 18, 1954;
(b) Person of California Indian descent who reside on the Cedarville Rancheria, California, and have resided there continuously for a period of at least two (2) years, at the time of adoption of this constitution, provided they make application for enrollment and provided further they receive a majority vote of the community council;
(c) All lineal descendants of persons eligible for membership under Section 1(a) & (b) above provided such descendants reside on the Rancheria
Section 2. No person shall be a member of the Cedarville
Rancheria if he:
(a) Was a member of any tribe or band of Indians when its trust relationship with the Federal Government was terminated except those persons listed as dependent members on final rolls of California Rancheria or whose tribal status has been reinstated by the courts;
(b) Has been allotted on another reservation or on the public domain;
(c) Is officially enrolled with or is recognized as a member of another tribe or band. A "recognized" member of another tribe or band of Indians is a person who has received a land-use assignment or payments by reason of membership in another tribe or Rancheria, except through inheritance;
(d) Has relinquished, in writing, his membership in the Cedarville Rancheria
Section 3. The governing body shall adopt an enrollment
ordinance, subject to the approval of the Secretary of the Interior,
governing future membership, loss of membership, and the adoption of
new members, and prescribe rules and procedures by which the membership
roll shall be prepared and thereafter kept current.
Section 1. The governing body of the Cedarville Rancheria shall be the community council composed of all qualified voters of the Rancheria who are eighteen (18) years of age or older.
Section 2. The community council shall elect from its
members, by secret ballot, an executive committee of a chairman, a secretary
and a treasurer, who shall hold office for three years or until their
successors are duly elected and installed. Such other committees may
be appointed or elected as from time to time may be deemed necessary.
Section 1. Regular meetings of the community council
shall be held on the first: (1st) Sunday in January of each year at
2:00 p.m., at a place designated by the executive committee. Special
meetings may be called at any time by the chairman and shall be called
promptly upon receipt of petitions signed by a majority of the qualified
voters requesting such meetings.
Section 2. A majority of the qualified voters shall constitute
a quorum at all meetings of the community council. Notices of all community
council meetings shall be given in writing at least two (2) weeks in
advance of the meetings.
Section 3. Meetings of the executive committee may be
called by the chairman, or in his absence by the secretary or treasurer
when deemed necessary. Two (2) members of the executive committee shall
constitute a quorum for the conduct of its business.
Section 1. The executive committee in existence
on the effective date of this constitution and bylaws shall continue
to function until those officials elected at the 1978 election, pursuant
to this constitution, are duly installed in office.
Section 2. All elections of officers shall be by secret
ballot. Regular elections of officers shall be conducted at the January
meetings of the community council each third (3) year in accordance
with an election ordinance adopted by the executive committee.
Section 3. To serve as an officer, a person must be enrolled
as a member of the Rancheria and be at least eighteen (18) years of
age.
Section 4. Any enrolled member of the Rancheria who is
eighteen (18) years of age or older shall be entitled to vote in tribal
elections.
ARTICLE VII - VACANCIES AND REMOVAL
Section 2. Upon receipt of a petition signed by thirty (30) percent of the qualified voters requesting the recall of an officer, the executive committee shall call a special community council meeting to hear the charges against the official. It shall at the same time notify the accused in writing of the charges against him and of the date, hour and place of the council meeting at which time he may appear and answer those charges. After the accused has had an opportunity to be heard by the community council, a secret ballot vote for or against recall will be conducted. The decision of a majority of those present and voting shall govern, provided that at least fifty (50) percent of those eligible to vote shall vote. If the majority vote is for recall of the accused official, his office shall automatically be vacated and the community council shall proceed to nominate candidates and elect a replacement official who shall serve the unexpired term of office. Such community council meeting shall be held within ten (10) days of the date that a valid petition for removal action is filed with the executive committee.
ARTICLE VIII - POWERS OF THE GOVERNING BODY
Section 1. The community council of the Cedarville
Rancheria shall exercise the following powers subject to any limitations
imposed by Federal law and the Constitution of the United States;
(a) To negotiate with Federal, State and local government;
(b) To retain legal counsel, the choice of counsel and the fixing of fees to be subject to the approval of the Secretary of the Interior or his authorized representative;
(c) To veto any proposed sale, disposition, lease or encumbrance of tribal lands, interest in lands or other tribal assets of the community;
(d) To advise the Secretary of the Interior with regard to all appropriation estimates for Federal projects for the benefit of the Cedarville Rancheria prior to the submission of such estimates to the Office of Management and Budget and to Congress;
(e) To establish such housing and other authorities as are necessary to promote the welfare of the community;
(f) To control future membership, loss of membership and the adoption of members.
Section 2. The executive committee shall have the following
powers, but shall not commit the Cedarville Rancheria to any contract,
lease or other transaction unless it is authorized in advance by a duly
enacted ordinance or resolution of the community council;
(a) Carry out all ordinances, resolutions or other enactments of the community council;
(b) Represent the Cedarville Community council in all negotiations with Federal, State and local government and advise the community council of the results of all such negotiations.
Section 3. Any rights or powers heretofore vested in the Cedarville
Rancheria but not expressly referred to in this constitution shall not
be lost by their omission but may be exercised by the adoption of appropriate
amendments to this constitution.
Section 1. The protections guaranteed to persons
by Title II of the Civil Rights Act of 1968 (82 Stat. 77), against actions
of a tribe in exercising its powers of self-government, shall apply
to the Cedarville Rancheria its officers and all persons within its
jurisdiction.
Section 1. This constitution and bylaws may be
amended by a majority vote of the community council at an election authorized
for that purpose by the Secretary of the Interior, provided that at
least thirty (30) percent of those entitled to vote shall vote in such
election.
Section 2. Amendments in writing, may be proposed by
any two members of the community council. The proposal shall be referred
to a committee appointed by the chairman. The committee shall report
upon the proposal at the next meeting of the community council at which
time a vote shall be taken as to its submission to 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 receipt of a petition
by one third (1/3) of the eligible voters of the community, or upon
the submission of a resolution duly adopted by a majority of the community
council. No amendment shall become effective until it has been adopted
in an election called by the Secretary of the Interior and approved
by him.
BYLAWS OF THE CEDARVILLE RANCHERIA
MODOC COUNTY, CALIFORNIA
ARTICLE I - DUTIES OF OFFICERS
Section 1. The chairman shall preside at all meetings of the community council and of the executive committee. He may appoint another member of the executive committee to preside temporarily when it is necessary for him to be absent from a meeting The chairman shall also be the chief executive officer of the community and exercise any authority delegated to him by the community council.
Section 2. The secretary shall make a full report of the proceedings of all regular and special meetings of the community council and of the executive committee. He shall conduct all correspondence affecting the community. It shall be the secretary's responsibility to keep minutes of all regular and special meetings and to submit copies of such minutes to the Superintendent of the Agency having jurisdiction.
Section 3. The treasurer shall be the custodian of all funds which may accrue to the benefit of the community, and he shall receive, receipt for and deposit them in a bank covered by Federal Deposit Insurance Corporation. He shall pay out funds only on order of the chairman supported by resolutions of the community council. He shall keep accounts of all receipts and disbursements and shall make a financial report at the annual meeting of the community council. Whenever the community council deems it necessary, the treasurer shall be bonded to the Cedarville Rancheria, with bond premiums payable from the tribal funds. The books of the treasurer shall be subject to annual audit or inspections at the direction of the community council or the Commissioner of Indian Affairs.
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Section 1. Each officer, elected or appointed
hereunder, shall take an oath of office prior to assuming the duties
thereof, by which oath he shall pledge himself to support and defend
the Constitution of the United States and this constitution and bylaws.
Oath: I, ________________ do solemnly swear that I will support and
defend the Constitution of the United States against all enemies; that
I will carry out, faithfully and impartially, the duties of my office
to the best of my ability; that I will promote and protect the best
interest of my community in accordance with the Constitution and Bylaws
of the Cedarville Rancheria.
ARTICLE III - ORDER OF BUSINESS
Section 1. The following order of business is hereby
established for all meetings:
1. Call to order by the chairman
2. Roll call
3. Ascertainment of a quorum
4. Reading of the minutes of the last meeting
5. Adoption of the minutes by voice vote
6. Treasurer's report
7. Unfinished business
8. Reports
9. New business
10. Adjournment
This constitution and bylaws, when adopted by a majority vote of
the qualified voters, voting at an election authorized for that purpose
by the Secretary of the Interior, provided that at least thirty (30)
percent of those entitled to vote shall vote in such election, shall
be submitted to the Secretary of the Interior for approval, and if approved,
shall be effective from the date of such approval.