Proposed Changes to the Karuk Tribal Constitution

CONSTITUTION OF THE

KARUK TRIBE OF CALIFORNIA

~~CONSTITUTION~~ ~~OF THE KARUK TRIBE~~

PREAMBLE

We the Karuk Tribe of California being a sovereign native people, do hereby establish and adopt this Constitution, in order to form a representative tribal government, to promote the general welfare of all Karuk people, to establish equality and justice for our tribe, to ~~conserve~~ preserve and restore our common bonds ~~and preserve our~~, tribal traditions and ancestral rights, and to secure to for ourselves and our descendants the power to exercise the inherent rights of self-government ~~do hereby establish and adopt this constitution of the Karuk Tribe.~~.

ARTICLE I ~~- JURISDICTION~~– ANCESTRAL LANDS, TERRITORY AND COUNCIL DISTRICTS

~~The laws of the Karuk Tribe shall extend to all persons and property located within the Tribes aboriginal territory subject to its jurisdiction.~~

~~ARTICLE II - MEMBERSHIP~~

~~Section 1.~~ ~~The membership of the Karuk Tribe shall consist of the following persons who are not enrolled as a member of any other tribe:~~

(a) Any person of one-eight (1/8) degree or more of Karuk Indian blood whose name appears on the roll prepared pursuant to the Act of May 18, 1928, as amended by the Act of May 24, 1958, and the Act of September 21, 1968, for the distribution of judgement funds to Indians of California.

(b) Any person of one-eight (1/8) degree or more Karuk Indian blood born to members after the date of the rolls specified in Subsection (a) above.

Section 1. Ancestral Lands. The Ancestral Lands of the Karuk Tribe of California shall include all lands in Siskiyou County, California, and that portion of Humboldt County, California from Aikens Creek to the Klamath River, to the County line. Our Ancestral Lands include all submerged lands, and the beds, banks and waters of all the waterways within the territory. Also included within the Ancestral lands is a shared interest with other tribes in ceremonial sites as known by the Tribe, as well as the Tribe’s usual and customary hunting, fishing and gathering sites. The Ancestral Lands are depicted in the Map of Karuk Ancestral Lands on file in the Karuk Tribal offices.

Section 2. Nothing in this Article shall prevent a person who has inherited an allotment or land use assignment on another Indian reservation and who is otherwise eligible for enrollment under this Article from being enrolled as a member of the Karuk Tribe.Territory. The Tribe’s territory consists of all Ancestral Lands, in addition to all lands subsequently and hereafter acquired by and for the Tribe, whether within or outside of the Tribe’s Ancestral Lands.

Section 3. ~~The Tribal Executive~~ Council ~~shall adopt an enrollment ordinance governing future membership, loss of membership, and the adoption of members into the Tribe.~~Districts. In order to have a representative government, representatives shall be elected from geographic districts within the Tribe’s territory, as more fully set forth in the Tribe’s Election Ordinance and the Karuk Voting District Map. These Council districts are as follows:

1. ~~Section 4.~~ ~~The Tribal Executive Council shall prescribe regulations governing the compilation and maintenance of a Tribal membership roll and the making of corrections to such membership roll.~~The Orleans (Panámniik) District, which shall draw its membership from the towns and surrounding areas of Orleans, Weitchpec/Hoopa, Somes Bar and Forks of Salmon/Sawyers Bar.

2. ~~ARTICLE III - RIGHTS OF MEMBERS~~The Happy Camp (Athithúfvuunupma) District, which shall draw its membership from the towns and surrounding areas of Happy Camp, Seiad Valley, Klamath River, Scott Bar, O Brien and Cave Junction.

~~Section 1.~~ Subject to the limitations imposed by this Constitution, all members of the tribe shall enjoy equal political rights and opportunities to participate in the tribal government, its economic resources, assets and all the rights that are conferred upon a tribal citizen, and no member shall be denied freedom of speech, religion or the right to peaceful assemble, nor shall any members be denied the right to petition the Tribal Executive Council, or the tribal courts for redress of grievances against the tribal government, or otherwise be deprived of life, liberty or property without notice and an opportunity to be heard.

~~ARTICLE IV - TRIBAL EXECUTIVE COUNCIL~~

~~Section 1.~~ ~~The governing body of the Karuk tribe shall be the tribal Executive Council which shall consist of nine (9) members elected at large from the Tribe.~~

~~Section 2.~~ ~~The Council shall consist of a chairman, vice-chairman, secretary, treasurer and five (5) council members elected at large from the Tribe.~~

~~ARTICLE V - DELEGATION OF AUTHORITY TO THE~~

~~TRIBAL EXECUTIVE COUNCIL~~

The members of the Karuk Tribe hereby delegate to the Tribal Executive Council the authority to exercise by resolution or the enactment of tribal laws all the inherent sovereign powers vested in the tribe as a Sovereign Aboriginal People.

~~ARTICLE VI - ELECTIONS AND NOMINATIONS~~

~~Section 1.~~ ~~All members of the Tribe who are eighteen years of age and over and who have registered with the Tribe shall have the right to vote.~~

~~Section 2.~~ Any member of the Tribe who has, at least sixty days before the election, presented to the secretary or her designated representative, a petition signed by a least twenty voting members of the Tribe and who has maintained a legal residence for a period of six months within the territory of the Tribe as defined in a resolution adopted by the Interim Tribal Executive Council for that purpose, shall be declared by the Council to be nominated and to be a candidate for the office indicated in such petition. It shall be the duty of the secretary to post the names of all qualified candidates in a public place at least ten days prior to the election.

3. The Yreka (Kahtishraam) District, which shall draw its membership from the towns and surrounding areas of Yreka, Montague, Fort Jones, Etna and Hornbrook.

ARTICLE II - JURISDICTION

The jurisdiction of the Karuk Tribe shall extend to:

1. All Tribal members and children who are eligible for membership in the Tribe, wherever located;

2. All persons throughout and within the Tribe’s territory or service area who expressly or impliedly consent to the Tribe’s jurisdiction;

3. All activities throughout and within the Tribe’s territory, or outside of the Tribe’s territory if the activities are causing an adverse impact within the Tribe’s territory, that have a serious, direct or negative effect on the political integrity, economic security, resources or health and welfare of the Tribe and its members; and

4. All lands, waters, natural resources, cultural resources, air space, minerals, fish, forests, wildlife, and other resources, and any interest therein, now or in the future, throughout and within the Tribe’s territory.

ARTICLE III - MEMBERSHIP

Section 1. The membership of the Karuk Tribe of California shall consist of the following persons who are not enrolled as a member of any other tribe:

(b) Any person of one-eight (1/8) degree or more Karuk Indian blood who meets the membership criteria set forth in the Karuk Tribe’s Enrollment Ordinance.

Section 3. At the first election under this constitution, the chairman and the two (2) members receiving the highest number of votes shall be elected for a term of four (4) years. The vice-chairman and the two (2) members receiving the second highest number of votes shall be elected for a term of three (3) years. The Secretary, the Treasurer and the remaining one (1) member receiving the third highest number of votes shall be elected for a term of two (2) years. Thereafter, the term of office shall be for four (4) years.The Tribal Council shall maintain a Tribal membership roll, along with an enrollment ordinance governing Karuk Tribal enrollment criteria, including future membership, loss of membership, and the adoption of members into the Tribe.

~~Section 4.~~ Elections shall be held on the first Tuesday in November. All tribal elections shall be by secret ballot. Elected Tribal council members and officers shall take office within fifteen days after the general election.

ARTICLE IV - RIGHTS OF MEMBERS

~~Section 5.~~ ~~The first election of the Tribal Executive Council under this constitution shall be held within 60 days following ratification of this constitution.~~

~~Section 6.~~ ~~The Interim Tribal Council shall enact an election ordinance within 30 days following ratification of this Constitution governing elections.~~

~~ARTICLE VII - DUTIES OF OFFICERS~~

~~Section 1.~~ ~~Duties of Tribal Executive Council Officers. Newly elected officers shall assume their respective offices and duties at the first meeting following their election.~~

Section 1. Subject to the limitations imposed by this Constitution and by other duly enacted Tribal laws and policies, all members of the Karuk Tribe shall enjoy equal political rights and opportunities to participate in the tribal government, its economic resources, assets and all the rights that are conferred upon a Karuk Tribal citizen. No member shall be denied freedom of speech, religion or the right to peaceful assembly, or denied the right to petition the Tribal Council or the Tribal Court for redress of grievances against the Tribal government, or otherwise be deprived of life, liberty or property without due process, which is notice and an opportunity to be heard.

ARTICLE V - TRIBAL COUNCIL

Section 1. The governing body of the Karuk Tribe of California shall be the Tribal Council, which shall consist of nine (9) members: a Tribal Chairperson, a Vice-Chairperson, and a Secretary/Treasurer, and six (6) Council Members.

Section 2. Chairman. The Chairman shall preside at all meetings of the Tribal Executive Council. The Chairman shall assume general supervision of all officers and employees and committees of the Tribal Executive Council as directed by the Council.All eligible voters must register to vote pursuant to the Tribe’s Election Ordinance. All registered voters are eligible to vote for all Council Member positions. Two (2) of the six (6) at large Council Member positions shall be elected by candidates running from each of the Three (3) Districts, described in Article I, Section 3 of this Constitution. Should fewer than two (2) eligible candidates run in any given District for any given election, a candidate from another District may be elected to fill the vacancies, pursuant to the Election Ordinance.

~~The Chairman, together with the Secretary of the Tribal Executive Council, shall sign on behalf of the Tribe all official papers.~~

ARTICLE VI - DELEGATION OF AUTHORITY TO THE TRIBAL COUNCIL

~~Section 3.~~ ~~Vice-Chairman. In the absence of the Chairman, the Vice-Chairman shall act as Chairman and when so presiding shall have all rights, privileges and responsibilities of the Chairman.~~The members of the Karuk Tribe of California hereby delegate to the Tribal Council the authority and responsibility to exercise by resolution or enactment of tribal laws all the inherent sovereign powers vested in the Tribe as a Sovereign Aboriginal People. The Tribal Council shall exercise the following powers, subject to any limitations imposed by applicable federal law, and any express restrictions upon such powers contained in this Constitution.

~~The Vice-Chairman shall be the ex-officio member on committees appointed by the Tribal Executive Council and shall keep the Council informed of their activities.~~To negotiate and contract with federal, state, Tribal and local governments, private agencies and consultants.

~~The Vice-Chairman shall perform such other duties as the Chairman, with the consent of the Tribal Executive Council, may direct.~~To purchase, lease or otherwise acquire land, and to receive gifts for the benefit of the Tribe.

~~Section 4.~~ Secretary. The Secretary shall act as Chairman pro-tempore in the absence or incapacity of the Chairman and Vice-Chairman in order to elect an acting Chairman for the meeting at which the Chairman and Vice-Chairman are absent.To prevent the sale, disposition, lease, or encumbrance of Tribal lands, interest in lands, or other Tribal assets without the consent of the Tribe.

The Secretary of the Tribal Executive Council shall be responsible for all correspondence, issuing public notices, the recording, publication and distribution of the minutes of the Tribal Executive meetings, receiving all petitions, ordinances, applications and other papers and prepare them for the action of the Council. The Secretary shall affix his/her signature to official documents and shall certify the enactment of resolutions and ordinances.To establish and manage Tribal enterprises and the economic affairs of the Karuk Tribe, including but not limited to: establishing boards, commissions and other tribally chartered entities to regulate housing, employment, gaming and other economic enterprises; approval of planning, programming, and development projects of all Tribal lands and assets; and other necessary financial and business activities.

~~The Secretary shall maintain a roster of Council members, eligible voters and perform such other duties as may be assigned by the Tribal Executive Council.~~

~~Section 5.~~ Treasurer. In the event the Chairman, Vice-Chairman and Secretary shall be absent or incapacitated, the Treasurer of the Tribal Executive Council shall act as Chairman, pro-tempore in order to elect a Chairman for the meeting at which the Chairman, Vice-Chairman and Secretary are absent.

The Treasurer of the Tribal Executive Council shall be responsible for accepting, receiving, receipting for and preserving and safeguarding all funds in the custody of the Tribal Executive Council, whether same be tribal funds or special funds for which the Council is acting as trustee or custodian. The Treasurer shall be responsible for seeing that all funds are deposited in such bank or elsewhere as directed by the Tribal Executive Council and shall preserve a faithful record of such funds and shall report in writing to the Council annually and at such other times as requested by the Council.

~~The Treasurer shall not pay out or otherwise disburse any funds in his/her possession or custody of the Tribal Executive Council except when properly authorized to do so by the Council.~~

~~ARTICLE VIII - VACANCIES AND REMOVAL FROM OFFICE~~

To establish and oversee Tribal committees which have authority delegated by the Tribal Council for specific Tribal functions.

To license and regulate, including assessing applicable taxes and fees, the conduct of all business activities within Tribal jurisdiction.

To manage, develop, protect and regulate the use of Tribal land, wildlife, fish, plants, air, water, minerals, and all other natural and cultural resources within Tribal jurisdiction.

To provide for the preservation and unity of Karuk families, and the protection of Karuk Tribal children, while maintaining each child’s cultural identity and relationship to the Tribe.

To enact laws and codes governing conduct of individuals and prescribe disciplinary action for offenses against the Tribe; to maintain order; to protect the safety and welfare of all persons within Tribal jurisdiction; and to provide for the enforcement of the laws and codes of the Tribe.

To establish Tribal courts and administrative bodies, and to provide for the courts’ jurisdiction, procedures, separation of the judicial branch of government, and a method for selecting judges.

To take all actions that are necessary and proper for the exercise of the powers delegated to the Tribal Council or to any person or committee under the supervision of the Tribal Council.

ARTICLE VII - ELECTIONS AND NOMINATIONS

Section 1. If a member of the Council or any official shall die, resign, permanently leave the tribe’s territory or shall be found guilty of a felony or of a misdemeanor involving dishonesty in any Indian, State or Federal court, the Council shall declare the position vacant and elect to fill the unexpired termAll members of the Tribe who are eighteen years of age and over and who meet the eligibility criteria and have registered to vote with the Tribe pursuant to the provisions set forth in the Tribe’s Election Ordinance, shall have the right to vote.

Section 2. The Council may by an affirmative vote of two-thirds of its numbers expel any member for neglect of duty or gross misconduct, provided that the accused member shall be given full and fair opportunity to reply to any and all charges at a designated Council meeting, and provided further, that the accused member shall have been given a written notice of the charges against him/her at least five days before the meeting at which he/she is to appear.Any member of the Tribe who has, at least sixty days before the election, presented to the Election Committee a petition signed by a least twenty voting members of the Tribe and who has maintained a legal residence for a period of six consecutive months before the election within the territory of the Tribe as defined in a resolution adopted by the Tribal Council for that purpose, shall be declared by the Council to be nominated and to be a candidate for the office indicated in such petition. It shall be the duty of the Election Committee to post the names of all qualified candidates in a public place at least ten days prior to the election.

Section 3. Upon a petition of a least one-third (1/3) of the eligible voters of the Tribe, it shall be the duty of the Tribal Executive Council to call a special election for the recall of any member or members of the Council named in such petition. In the event that a majority of those voting in such election approve a council member’s recall from office, the office shall be declared vacant and the Tribal Executive shall proceed in the usual manner to hold an election to fill said office.The membership of the Tribal Council shall consist of three (3) officers (the Chairperson, Vice-Chairperson and Secretary/Treasurer), and six (6) Council Members, consisting of two (2) representatives from each of the three (3) Council Districts within the Tribe’s territory. All terms of office shall be for four (4) years.

~~ARTICLE IX - REFERENDUM~~

Section 4. In order to phase in the Council District voting system, the first few elections under this Constitution shall be staggered in an equitable manner that ensures consistent District representation. The implementation plan for phasing in this voting system, and procedures for elections when fewer than two (2) eligible candidates run for any given District, shall be more fully set forth in the Tribe’s Election Ordinance.

Section 5. Elections shall be held on the first Tuesday in November. All tribal elections shall be by secret ballot. Elected Tribal council members and officers shall be sworn in and take office at the next regularly scheduled Tribal Council meeting following certification of the election results, no later than thirty (30) days after the election.

Section 6. The Tribal Council shall amend its Election Ordinance within 60 days following ratification of this Constitution to incorporate the changes to this Constitution.

ARTICLE VIII - DUTIES OF OFFICERS

Section 1. Upon a petition of at least one-third (1/3) of the eligible voters of the Tribe or upon the request of a majority of the members of the Tribal Executive Council any enacted or proposed ordinance or resolution shall be submitted to popular referendum and the vote of a majority of the qualified voters in such referendums shall be conclusive and binding on the Council, provided that at least 30 per cent of the eligible voters shall vote in such election.Duties of Tribal Council Officers. Newly elected officers shall assume their respective offices and duties at the first meeting following their swearing-in. Council Members appointed to serve on a committee or board shall keep the Council informed of their activities.

~~ARTICLE X - PRIOR ENACTMENTS~~

Section 2. Chairperson. The Chairperson shall preside at all meetings of the Tribal Council. The Chairperson shall assume general supervision of all officers and employees and committees of the Tribal Council as directed by the Council.

~~Upon approval of this constitution, all prior actions of the Interim Tribal Executive Council are hereby ratified and confirmed as a valid exercise of the Tribes inherent Sovereign powers.~~The Chairperson, together with the Secretary of the Tribal Council, shall sign all official resolutions and other formal Tribal enactments and documents on behalf of the Tribe, as required.

~~ARTICLE XI - AMENDMENTS~~

~~Amendments to the Constitution may be ratified and approved in the same manner as this Constitution.~~

Section 3. Vice-Chairperson. In the absence of the Chairperson, the Vice-Chairperson shall act as Chairperson and when so presiding shall have all rights, privileges and responsibilities of the Chairperson.

The Vice-Chairperson, at the direction of the Tribal Council, is responsible for ensuring adequate Council representation is maintained on committees and boards created by the Tribal Council.

The Vice-Chairperson shall perform such other duties as the Tribal Council may direct.

Section 4. Secretary/Treasurer. The Secretary/Treasurer shall act as Chairperson pro-tempore in the absence or incapacity of the Chairperson and Vice-Chairperson for the meeting at which both the Chairperson and Vice-Chairperson are absent.

At the direction of the Tribal Council, the Secretary/Treasurer shall be responsible for assuring that all Council correspondence is properly written and mailed, all public notices are issued, the minutes of the Tribal Council meetings are properly recorded, published and distributed, and that all petitions, ordinances, applications and other papers are received and prepared for the Council’s action. The Secretary/Treasurer shall affix his or her signature to official documents as required and shall certify the enactment of resolutions and ordinances. The Secretary/Treasurer shall maintain a roster of Council members and serve as the Registrar for registered voters.

At the direction of the Tribal Council, the Secretary/Treasurer shall be responsible for safeguarding tribal assets, which includes ensuring adequate internal controls are in place, communicating with Fiscal staff to ensure that audits are completed annually, corrective action is taken on any audit findings, fiscal and personnel policies are maintained and kept current and financial reports are presented as needed and performing such other duties as may be assigned by the Tribal Council.

Section 5. As long as a Tribal Council meeting was duly noticed and a quorum is present, Council business may be conducted without the presence of an officer. The Council member who has served the longest (has seniority) on the Council shall preside over such meetings.

ARTICLE IX – VACANCIES, REMOVAL AND SUSPENSION FROM OFFICE

Section 1. If a member of the Tribal Council shall die, resign, permanently leave the Tribe’s territory or shall be found guilty of a serious felony (including murder, manslaughter, rape, assault with intent to kill, arson, burglary, larceny, incest, assault resulting in serious bodily injury, theft, fraud, or embezzlement) during his or her term of office or within the ten (10) years prior to the election in any Tribal, State or Federal court, the Council shall declare the position vacant and fill the unexpired term pursuant to the Tribe’s Election Ordinance. However, persons who have completed their sentence for such conviction at least ten (10) years before the date of the election in which they intend to run for office may file as candidates.

Section 2. The Council may by an affirmative vote of two-thirds of its numbers expel, or suspend pending investigation, any member for neglect of duty or gross misconduct, provided that the accused member shall be given full and fair opportunity to reply to any and all charges at a designated Council meeting, and provided further, that the accused member shall have been given a written notice of the charges against him/her at least five days before the meeting at which he or she is to appear.

Section 3. Upon a petition of at least fifty percent (50%) of the registered voters of the Tribe, it shall be the duty of the Tribal Council to call a special election for the recall of any member or members of the Council named in such petition. In the event that a majority of those voting in such election approve a council member’s recall from office, the office shall be declared vacant and the Tribal Council shall direct the Election Committee to hold an election to fill said office, pursuant to the provisions of the Tribe’s Election Ordinance.

ARTICLE X - REFERENDUM

Section 1. Upon a petition of at least fifty percent (50%) of the registered voters of the Tribe or upon the request of a majority of the members of the Tribal Council any enacted or proposed ordinance or resolution shall be submitted to popular referendum and the vote of a majority of the qualified voters in such referendums shall be conclusive and binding on the Council, provided that at least 30 percent (30%) of the registered voters shall vote in such election.

ARTICLE XI - PRIOR ENACTMENTS

Upon approval of this Constitution, all prior actions of the Tribal Council are hereby ratified and confirmed as a valid exercise of the Tribes inherent Sovereign powers.

ARTICLE XII - AMENDMENTS

Amendments to this Constitution may be proposed by submitting either of the following documents to the Tribal Election Committee along with the proposed amendments:

1. A resolution in which a quorum of the Tribal Council members have voted in favor of the proposed Constitutional Amendment; or

2. A petition signed by at least thirty percent (30%) of the Tribe’s registered voters.

Upon receipt of either of these two documents, the Election Committee shall call and conduct a special election pursuant to the provisions set forth in the Election Ordinance. The specific language proposed as an amendment to the Constitution, along with language changes of any other parts of the Constitution that will be affected by the proposed modification and a brief explanation of the reason for the proposed changes, shall appear on the ballot.

The amendment(s) shall take effect if adopted by the majority of those voting in the election held for that purpose, provided that at least thirty percent (30%) of the registered voters voted in the election.

CERTIFICATION

I, the undersigned, as Chairman of the Tribal Council of the Karuk Tribe of California, do hereby certify that the Karuk Tribal Council is composed of nine (9) members of which ________ were present constituting a quorum at a Special meeting duly noticed and convened on _______, 2005, and that Resolution Number 05-R-___ was duly adopted by a vote of _____ for, ___ against, and ____ abstaining, voting in favor of the proposed changes to the Constitution of the Karuk Tribe of California, and that said resolution has not been rescinded or amended or modified in any way; and that the Karuk Tribe of California held an election on the _____ day of ______, 2005; and that these Constitutional Amendments were adopted by a majority vote of those voting in the election and that at least thirty percent (30%) of the registered voters voted in said election.

Dated on this ____ day of _____, 2005

Arch Super, Chairman

Karuk Tribal Council
Attest:

Florrine Super, Secretary

Karuk Tribal Council