Constitution of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians
Adopted: 1987
PREAMBLE
We, the members of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians, being a duly constituted Indian tribe, and being federally recognized pursuant to the Act of October 17, 1984, Public Law No. 98-481, 98 Stat. 2250, hereby adopt this constitution in accordance with the Indian Reorganization Act of June 18, 1934, 48 Stat. 984, as amended, and establish our tribal government in order to:
1. Perpetuate our unique identity as Indians and as members of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians, and to promote and protect that Identity;
2. Secure the rights and powers inherent to us as Indian people and as an Indian tribe;
3. Preserve and promote our cultural, religious and historical beliefs;
4. Promote the social and economic welfare of our members;
5. Acquire, develop and conserve resources to achieve economic and social self-sufficiency for our tribe;
6. Maintain peace and order and ensure the protection of Individual rights.
ARTICLE I - AUTHORITY OF GOVERNMENT
Section 1. Jurisdiction. The authority of the government established by this constitution shall extend over all persons, property and activities under the jurisdiction of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians to the fullest extent permitted by law.
Section 2. Territory. The jurisdiction of the Confederated Tribes
of the Coos, Lower Umpqua, and Siuslaw Indians shall extend to the fullest
extent permitted by law over all lands, waters, property, airspace,
minerals, wildlife and other resources, and any Interest therein, located
within the exterior boundaries of the tribal reservation, over any tribal
land or land held by individual members in trust status, and over any
"Indian Country" of the Confederated Tribes as defined by
Federal law.
ARTICLE II - HUNTING, FISHING AND GATHERING
RIGHTS
Nothing in this constitution shall be construed as restricting the exercise of hunting, fishing or gathering rights of members, to the fullest extent permitted by law. No tribal decision affecting such hunting, fishing or gathering rights shall be made except by a full vote of the tribal membership.
Section 1. Membership Requirements. The membership of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians shall consist of all persons who are living and who apply and
a. Whose names are listed on the Public Domain Census Roll of January 1, 1940, prepared by the Grand Ronde - Siletz Agency, Bureau of Indian Affairs; or
b. Who are a lineal descendant of a public domain allottee of Western Oregon who was a member of the Coos, Lower Umpqua or Siuslaw Indians; or
c. Who are a lineal descendant of a person listed as a Coos, Lower Umpqua or Siuslaw Indian, on the Census Roll of 1940 or any other roll prepared by the Department of the Interior prior to the effective date of this constitution.
Section 2. Dual Membership Prohibited. No person who is a member
of any other Indian tribe, whether federally recognized or not, shall
be eligible for membership in the confederate Tribes of the Coos, Lower
Umpqua and Siuslaw Indians until he or she has relinquished his or her
membership in such other Indian tribes. The tribal council, by majority
vote, may decide questions of membership in other Indian tribes after
evidence has been presented. Any person who is a member or becomes a
member of another Indian tribe shall be subject to loss of membership
in the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians
under the provisions of Section 7 of this article.
Section 3. Prohibition on Membership. No person shall be eligible
for membership in the Confederated Tribes of the Coos, Lower Umpqua
and Siuslaw Indians who has qualified or whose lineal ancestor through
whom such person is claiming eligibility for membership in the Confederated
Tribes has qualified for any payment in compensation for land claims
through any other Indian tribe whether federally recognized or not.
Section 4. Enrollment Ordinance and Procedure. Procedures for
processing membership applications, including appeals from-denial of
membership, shall be established by ordinance.
Section 5. Membership Roll. The tribal council shall prepare
and keep a current and correct roll all persons who are tribal-members
Section 6. Adoption. The tribal council may enact an ordinance
governing the adoption of persons into the Confederated Tribes of the
Coos, Lower Umpqua, and Siuslaw Indians. Only persons qualifying for
membership under Section 1 of this article who are adopted shall have
the rights and privileges of tribal members, and shall be eligible for
tribal services. All other persons adopted into the Confederated Tribes
shall be honorary members.
Section 7. Loss of Membership. Involuntary loss of membership
shall be confined exclusively to a failure to meet the requirements
set forth for membership in this constitution. The tribal council may
enact an ordinance governing the procedures for loss of membership.
Nothing in this section prohibits a member from voluntarily relinquishing
membership in the Confederated Tribes of the Coos, Lower Umpqua, and
Siuslaw Indians.
Section 8. Membership Under the Restoration Act. The membership
requirements of Sections I and 3 of this article shall not affect the
membership of persons who qualified for membership under the Act of
October 17, 1984, Pub. L. 98-481, Sect Ion 4, 98 Stat. 2251, and were
enrolled in the Confederated Tribes before this constitution was adopted.
Such members shall not be subject to loss of membership under Section
7 of this article for failure to meet the membership requirements of
Sections I and 3.
ARTICLE IV - RIGHTS OF MEMBERS
Section 1. Individual Rights. Each duly enrolled member of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians shall have the following rights:
The right to equal opportunity to participate in the economic resources and activities of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians in accordance with the law; and the right to exercise traditional rights and privileges of members of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians unless prohibited by law. The listing of the foregoing rights shall not be construed as denying or abridging other fundamental rights of the people guaranteed by Title II of the Indian Civil Rights Act of April 1, 1968 (87 Stat. 77).
Section 1. General Council. All duly enrolled members of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians who are eighteen (18) years of age or older shall constitute the general council. In accordance with other provisions of this constitution, the members of the general council shall have the power to:
(a) Vote in all tribal elections;
(b) Elect tribal council members and approve or disapprove any salary wages paid for performance of tribal council duties;
(c) Exercise the powers of initiative and referendum;
(d) Recall elected tribal officials;
(e) Amend this constitution;
(f) Make advisory recommendations to the tribal council; and
(g) Exercise those powers over fundamental changes in the tribe's jurisdiction, reservation lands, or rights specified in Article VI, Section 3(a).
Section 2. Procedures. The general council shall hold meetings
in accordance with the following procedures:
(a) An annual meeting of the general council shall be held on the second Sunday of April of each year at 1:00 p.m. at a place which shall be designated by the tribal council. The general council shall also meet on the second Sunday of October of each year at a time and place which shall be designated by the tribal council. The April meeting shall include the election of tribal council members whose positions are up for election in accordance with Article VIII, Section 3, of this constitution.
(b) Special meetings of the general council may be called by the tribal council upon fifteen (15) days' notice to each member of the general council. The tribal council may call such meeting upon its own motion, but it must call such meetings upon presentation of a property verified petition signed by one-third (1/3) or more of the general council members of the Confederated Tribes of the Coos, Lower Umpqua, and Siuslaw Indians. Notice shall be satisfied by publication in the tribal newsletter, which newsletter shall be sent to the last known address of all members of the general council or by publication of a notice in the local newspaper(s).
Only those matters specified in the published notice or verified petition can be voted on in the special meetings. Twenty-five (25) percent of the general council shall constitute a quorum at special meetings. Votes shall be decided by majority vote. Special meetings shall not supersede any procedures provided for within this constitution such as recall of tribal council members.
(c) The tribal council shall set the agenda for regular meetings of the general council: Provided, That any item shall be added to the agenda upon written notice by ten (10) members of the general council submitted ten (10) days or more before the scheduled date of the meeting. The meeting shall include time for discussion of items listed from the floor, but only Items listed in the agenda shall be voted on.
Where this constitution specifies a procedure for certain matters, including but not limited to the election or recall of members of the tribal council, the constitutional procedure shall be the sole method permitted. Such matters shall not be placed on the agenda of regular or special meetings of the general council for a vote but may be discussed at such meetings.
(d) The tribal council chairperson or in his or her absence the vice-chairperson shall chair all meetings. If neither the chairperson or vice chairperson is present, the meeting shall be chaired by the tribal chief or other tribal council member as designated by the tribal council.
(e) Twenty-five (25) percent of the general council shall constitute a quorum for the purposes of conducting business at regular meetings: Provided, That a quorum is not necessary for the election of tribal officials under Article VIII.
Section 1. Membership. The tribal council shall consist of a tribal chief elected by the general council for a term of ten (10) years and six (6) members elected by the general council to terms of office of four (4) years each. The tribal council shall elect a chairperson and vice-chairperson from within Its membership. The tribal chief shall be a voting member of the tribal council. Other officers may be elected by a vote of the tribal council from within Its membership. The duties of such officers shall be set forth by ordinance: Provided, That such duties shall not be in conflict with any provision of this constitution.
Section 2. Tribal Council Authority. The tribal council shall
have the authority to exercise all legislative and executive authority
of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians
except that specifically vested in the general council by this constitution.
Authority to exercise executive powers shall include the right to delegate
such authority as is appropriate.
Pursuant to Section 16 of the Act of June 18, 1934 (48 Stat. 984), the tribal council shall also have the right and power to employ legal counsel, the choice of such counsel and the fixing of fees subject to the approval of the Secretary of the Interior so long as required by federal law; to prevent the sale, disposition, lease or encumbrance of tribal lands, interests in lands or other tribal assets without the consent of the tribe; and to negotiate with federal, state and local governments.
Section 3. General Council Authority.
(a) Before taking any action with regard to the following matters, the tribal council shall obtain the approval of three-fourths (3/4) of the membership in a vote in which at least thirty-five (35) percent of the membership of the general council participates. Such vote may be taken by mail
(1) The termination or diminishment of the tribal reservation which is established pursuant to the Restoration Act or the alienation of any trust land held on behalf of the Confederated Tribes;
(2) The diminishment, negotiation or settlement of any hunting, fishing or gathering rights possessed or claimed by the Confederated Tribes, including the settlement of any land claims involving the tribe's aboriginal lands,
(3) The relinquishment of any tribal criminal or civil jurisdiction: Provided, That cooperative law enforcement agreements shall not be considered relinquishment.
(b) The general council shall exercise those other powers described in Article IV, Section 2.
Section 4. Procedures.
(a) Regular meetings of the tribal council shall be held on the second Sunday of each month at 10:00 a.m., at a place set by the tribal council. When the weekend of the scheduled tribal council meeting includes a national, state or tribal holiday, the meeting shall take place on the third Sunday of the month. Tribal council meetings are open only to tribal members and tribal staff unless otherwise opened to the public by council action. An agenda and notice of meeting place shall be published in the tribal newsletter or local newspapers at least five (5) days prior to the scheduled meeting date.
(b) Four (4) members of the tribal council shall constitute & quorum. Matters of business shall be decided by majority vote, except where otherwise required by the constitution or the tribal council's own rules as set forth by ordinance. Voting shall be by roll call and recorded in the minutes.
(c) The agenda of regular meetings of the tribal council shall be set by the chairperson: Provided, That such agenda shall Include any item submitted upon the written request of two (2) or more members of the tribal council made at least ten (10) days before the scheduled meeting date. Items may be added to the agenda at a tribal council meeting upon the approval of three (3) members, but must receive at least five (5) votes in favor to decide any business related to such Item.
(d) The tribal council may recess at Its discretion to discuss any matter in closed or executive session: Provided, That the general subject matter to be discussed in such closed or executive session is expressed in the motion calling for such session. All personnel matters and all matters relating to the internal activity of tribal council members shall be discussed or decided only in closed session. A report of any decisions made related to such matters shall be included in the minutes.
(e) Special meetings may be called by the chairperson: Provided, That the chairperson shall call a special meeting upon the written request of three (3) or more members of the tribal council. No special meeting shall be held without twenty-four (24) hours' notice to each member of the tribal council unless waived in writing. No decisions shall be made except on items specified in the notice of the special meeting: Provided That Items not on the agenda may be discussed at such meeting. Notice of special meetings of the tribal council need not be given to members of the general council: Provided, That a report of such meetings and decisions made shall be given at the next regularly scheduled tribal council meeting.
(f) All final decisions of the tribal council on matters of general and permanent interest to the members of the Confederated Tribes shall be embodied in ordinances. The ordinances shall be collected and made available to the tribal members and others affected upon reasonable request.
(g) All final decisions of the tribal council on matters of temporary interest shall be embodied in resolutions. The resolutions shall be collected and made available to tribal members and others affected upon reasonable request.
(h) All questions of procedure shall be decided by motion duly passed, or by the ruling of the chairperson if no objection is heard.
(i) No tribal council member shall vote on any matter wherein he/she or a member of his/her Immediate family - parents, children, spouses, brothers and sisters - has a direct personal interest, including but not limited to employment contracts, project funding, appointments to tribal committees or removal from the tribal council.
(j) A written record shall be kept of tribal council proceedings. Such record shall be open for inspection by all members of the Confederated Tribes at any reasonable time in accordance with procedures established by the tribal council.
Section 1. Establishment. A tribal court may be established by ordinance, which shall set forth the number of judges and staff, terms of office, qualifications and procedures of the court. The tribal court shall exercise the judicial authority of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians. The tribal court shall have the power to exercise the full scope of judicial authority permitted by law.
Section 1. Members' Voting Rights. All duly enrolled members of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians who are eighteen (18) years or older on the date of an election shall have the right to vote in all tribal elections.
Section 2. Voting Procedure
(a) All elections shall be by secret ballot. Mail voting may be established by ordinance. Members shall also have the right to vote in tribal elections by absentee ballot. Procedures for absentee balloting shall be provided for in the election ordinance. Absentee ballots shall be made available to members sufficiently in advance of a scheduled election so that such ballots can be returned to the tribal office by the scheduled election date. Absentee ballots received by the date the scheduled election is held shall be counted in the vote tabulation.
(b) Each voter shall be allowed to cast one (1) vote for each vacancy on the tribal council. No more than one (1) vote per candidate shall be cast. Winners shall be chosen by a plurality of the votes cast for each position. Ties shall be decided by a coin flip conducted by the tribal chief.
(c) New tribal council members shall assume office upon certification of the vote by the election board (or tribal council until an election board is established). Certification shall occur within twenty-four (24) hours from the time of the election.
Section 3. Election of the Tribal Council and Tribal Chief, Term of
Office. Tribal council positions shall be designated with the
numbers one (1) through six (6). Each council member shall be elected
for a four- (4) year term at the appropriate annual general council
meeting in April, and shall hold office until a successor is elected
in the April general council meeting in the year in which his or her
term expires. Following the initial election under the constitution
at which time a system of staggered terms shall be created, tribal council
positions 1, 3 and 5 shall be elected in odd-numbered years. Tribal
council positions 2, 4 and 6 shall be elected in even-numbered years.
The tribal chief shall be elected for a ten- (10) year term at the annual general council meeting in April beginning in 1990 and shall hold office until a successor is elected in the April general council meeting in the year in 'which his or her term expires.
Section 4. Qualifications of Candidates; Nomination Procedure.
(a) In order to be eligible for election to a tribal council position, candidates shall meet the following qualifications:
1. Be a duly enrolled member of the Confederated Tribes;
2. Be at least twenty-one (21) years of age;
3. Never have been previously removed from office for good cause.
(b) An election board shall be established by ordinance within 120 days following the election of the initial tribal council to regulate campaign activities, election procedures, voting tabulations and candidate certification. The board shall adopt regulations which shall be effective upon ratification by the tribal council. Such regulations shall not be amended within sixty (60) days of any tribal council election.
(c) Candidates shall file statements of candidacy no later than thirty (30) days before the scheduled date of the election. A public list of candidates shall be published by the election board no later than twenty (20) days before the scheduled election date.
Section 5. First Election. The first election to take place
under this constitution shall take place in accordance with Section
6(d) of the Coos, Lower Umpqua and Siuslaw Restoration Act, 98 Stat.
2252. If the first election takes place in 1987, tribal council positions
2, 4 and 6 shall hold office until the annual meeting of the general
council in 1990, and tribal council positions 1, 3 and 5 shall hold
office until the annual meeting of the general council in 1991.
The first election for the position of tribal chief under this constitution shall take place at the annual meeting of the general council beginning in 1990 after this constitution is adopted. The tribal chief in office at the time of adoption of this constitution shall hold office until that time unless he earlier resigns, is removed or dies.
Section 1. Vacancies.
(a) In the event a tribal council position becomes vacant, such position shall be filled by a majority vote of the tribal council from names nominated by tribal council members. Such person, if qualified under Section 4(a) of Article VIII, shall assume office to fill the unexpired term of his or her predecessor in office.
(b) If a tribal council member fails to attend three (3) consecutive regular meetings of the tribal council, unless his or her written excuse is accepted by a majority vote of the other members of the tribal council, that member's seat shall be declared vacant and shall be filled in accordance with subsection (a) of this section.
(c) If the entire tribal council shall become vacant through death, removal, recall or resignation, or is unable to function due to loss of a quorum, tribal council members shall be elected to fill the unexpired term of each tribal council position. Such election shall occur at a special meeting of the general council, the vote to be taken in the manner provided for in elections at the April general council meeting.
(d) If the tribal chief is the sole remaining council member, the tribal chief shall have authority to call a special council election within sixty (60) days. Until such election is held, the chief shall exercise the authority of the tribal council.
ARTICLE X - REMOVAL AND RECALL
Section 1. Removal. A member of the tribal council may be removed from office by a vote of at least five (5) members of the tribal council for neglect of duty, gross misconduct in office or conviction while in office of a felony or crime involving dishonesty. Notice of such removal shall be published in the next published tribal newsletter after removal occurs. A tribal council member who is subject to removal shall be given at least seven- (7) days notice of the charges against him or her, and the opportunity for a hearing before the tribal council on those charges. Appeal of removal may take place through the referendum procedure.
Section 2. Recall. Upon written petition of at least one-third (1/3) of the voting membership of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians, presented to and verified by the election board (or tribal council until an election board is established), a special election shall be called to consider the recall of the tribal council member(s) named in the petition. The election shall be held within thirty (30) days from the date the petition is verified: Provided, That any petition submitted within three (3) months of the next annual meeting of the general council shall be placed on the agenda of that meeting. At least twenty-five (25) percent of the voting membership must vote at a recall election for a recall to occur. The positions shall be declared vacant if at least two-thirds (2/3) of those members voting support the recall. Vacant positions shall be filled in accordance with Article IX.
Section 1. Description. The position of tribal chief of the Confederated Tribes of the Coos, Lower Umpqua and-Siuslaw Indians is formalized in this constitution. The tribal chief shall be a voting member of the tribal council as provided in Article VI. The tribal chief shall be elected from candidates for the office of tribal chief chosen by tribal tradition. The tribal chief shall be subject to recall or removal only for abuse of the office of the chief.
Section 2. Duties. The tribal chief shall open and close general
council meetings and tribal council meetings. The tribal chief shall
present a budget annually to the tribal council for the performance
of tribal ceremonies, including but not limited to the Sacred Salmon
Ceremony, restoration ceremony, weddings and funerals. The tribal chief
shall conduct all tribal ceremonies.
The annual Sacred Salmon Ceremony shall be held on the first Sunday of August of each year at a place designated by the tribal council. The time of this ceremony shall be set by the tribal chief. No official business of the Confederated Tribes shall take place at this ceremony,
Section 3. Vacancies. In the event of the death of the tribal
chief, or any other action resulting in the office of tribal chief becoming
vacant, the tribal council shall schedule a special election within
sixty (60) days, such election to be held in conjunction with a regular
monthly meeting of the tribal council, to elect a new chief. All eligible
members of the general council may vote at such election and absentee
ballots shall be permitted.
ARTICLE XII - INITIATIVE AND REFERENDUM
Section 1. Initiative. The general council shall exercise the power of initiative. Upon receipt and verification by the election board (or tribal council until an election board is established) of a petition signed by at least one-third (1/3) of those general council members who are eligible to vote setting forth any proposed ordinance or resolution of the tribal council, such ordinance or resolution shall be submitted to a vote of the general council at a regular or special election to be held within sixty (60) days of verification of the petition. The vote of two-thirds (2/3) of those actually voting, in an election where at least thirty (30) percent of the eligible membership of the general council votes, shall decide the issue and the decision shall be conclusive and binding on the tribal council. Absentee ballots shall be Included in such vote.
Section 2. Referendum. The general council shall exercise the
power of referendum on those issues or questions that are within the
authority of the general council on those powers vested in the tribal
council. Upon receipt and verification by the election board (or tribal
council until an election board is established) of a petition signed
by at least one-third (1/3) of those general council members who are
eligible to vote, setting forth any proposed or previously enacted ordinance
or resolution of the tribal council, such ordinance or resolution shall
be submitted for reconsideration by the general council in a regular
or special election. Such election shall be scheduled within sixty (60)
days of verification of the petition. The vote of two-thirds (2/3) of
those voting, in an election where at least thirty (30) percent of the
eligible membership of the general council votes, shall be conclusive
and binding on the tribal council. Absentee ballots shall be included
in such vote.
Section 1. Amendment. Amendment of this constitution shall take place according to the procedures set forth in the Code of Federal Regulations (25 CFR Parts 81 and 82) and pursuant to 48 Stat. 984. Upon receipt by the Secretary of the Interior of a petition, conforming to federal regulations, containing the signatures of at least one-third (1/3) of the eligible voting members of the general council, setting forth the section(s) of the constitution to be amended and the proposed text of the amendments, the Secretary shall call an election in accordance with federal regulations to consider such amendments. The tribal council, by vote of at least four (4) members, setting forth the section(s) of the constitution to be amended and the proposed text of the amendments(s) may also request the Secretary to call such election. The affirmative vote of two-thirds (2/3) of those actually voting shall be conclusive: Provided, That at least thirty (30) percent of those members qualified to vote have voted at such election. Amendments to this constitution shall not become effective until approved by the Secretary of the Interior.
Section 2. Constitution Convention. A constitutional convention
shall be held at the next annual April meeting of the general council
two (2) years after this constitution is adopted to consider proposed
changes to this constitution. Proposed amendments adopted by a vote
of two-thirds (2/3) of those voting at such convention, including absentee
ballots, shall be forwarded to the Secretary of the Interior requesting
he call an election to consider such amendments: Provided, That
at least thirty (30) percent of those members eligible to vote cast
their votes at such convention.
This constitution, when adopted, according to the provisions of the Coos, Lower Umpqua and Siuslaw Restoration Act, of October 17, 1984, 98 Stat. 2252, and the Indian Reorganization Act of June 18, 1934 (48 Stat. 984), and by a majority vote of those qualified to vote for the adoption of this constitution, voting at an election called for that purpose by the Secretary of the Interior, and conducted pursuant to federal regulations, shall result in the adoption of this constitution upon certification by the Secretary of the Interior: Provided, That the total vote cast be at least thirty (30) percent of -those entitled to vote as determined from the certified copy of the Confederated Tribes' membership roll published by the Secretary in the proceedings leading to the election to adopt this constitution, and shall become effective when approved by the Secretary of the Interior or his authorized representative.
If any provision of this constitution shall in the future be declared invalid by a court of competent jurisdiction, the invalid portion shall be severed and the remaining provisions shall continue in full force and effect.
ARTICLE XVI - CERTIFICATE OF RESULTS OF ELECTION
Pursuant to an order issued MAR 16 1987, by ; ISI Ross 0. Swimmer, Assistant Secretary - Indian Affairs the foregoing Constitution of the Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians was submitted for adoption to the qualified voters of the tribe and was on May 23, 1987, duly adopted by a vote of 58 for, and 35 against, in an election in which at least thirty (30) percent of the 121 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 15, 1935 (49 Stat. 378), and May 1, 1936 (49 Stat. 1250).
(David L. Bartel)
_______________________________
Chairman, Election Board
(Carolyn R. Slyter)
_______________________________
Election Board Member
(Robert J. Lowery)
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Election Board Member