Erie Indian Moundbuilders Tribal Nation

CONSTITUTION AND BYLAWS

CONSTITUTION AND BYLAWS
OF THE
ERIE MOUNDBUILDERS TRIBAL NATION

PREAMBLE

 

We the members of the Erie Indian Moundbuilders Tribal Nation, in order to establish an effective tribal government to protect and preserve our culture and traditions through the full exercise of our inherent sovereign rights and powers as an Indian tribe, do hereby adopt this Constitution.

 

 

 

ARTICLE I -- DEFINITION OF TERMS

Section 1. The Erie Moundbuilders Tribal Nation shall be the name of this organization. The words "Indian Tribe" as used in this document shall have the same meaning as "the Erie Moundbuilders Tribal Nation."

Section 2.† The Active Membership of the Erie Indian Moundbuilders Tribal Nation shall be composed of all enrolled members at least twenty-one (21) years of age or over, who have registered to vote. They are hereafter referred to as "the membership" in this document.

Section 3.† The Tribal Council of the Indian Moundbuilders Tribal Nation shall be a representative body composed of Chairman, Vice-Chairman, Secretary, Treasurer and seven (7) Representatives, empowered to act on those matters outlined in Article V.

ARTICLE II -- PURPOSE

The purpose of this organization shall be:

Section 1.† To define, establish and safeguard the rights, powers and privileges of the Nation and its members and to govern the affairs of the Nation;

Section 2.† To promote the common good and the general welfare of our people;

Section 3.† To promote the physical, mental, and emotional health of the people;

Section 4.† To advance the overall economic health of the Nation and foster economic opportunities for tribal members;

Section 5.† To protect and preserve the cultural heritage and traditions of the Nation;

Section 6. To advance; encourage and promote educational opportunities for members of the Nation;

Section 7. To conduct relations with the Governments of the United States and of the State of Pennsylvania on behalf of the membership;

Section 8.† To protect the individual and collective rights of our members;

Section 9.† To acquire additional lands for the benefit of the Nation;

Section 10.† To promote self-government and ensure the political integrity of the Nation; and

Section 11.† To preserve, secure and exercise all powers of tribal self-government.

 

ARTICLE III -- TRIBAL MEMBERSHIP

The membership of the Erie Moundbuilders Tribal Nation shall be:

Section 1. All persons of Indian blood whose names appear on the tribal roll as of January 1, 1995, all of whom shall be hereby declared full blood (4/4) members of the Nation for the purpose of computing eligibility of their descendants for membership.

Section 2. All living lineal descendants of born to those defined in Section 1 of this Article born on or before the date of adoption of this Constitution.

Section 3. Those persons who are adopted into the Nation in accordance with rules prescribed by the Tribal Council, with approval of the membership, and consistent with United States law.

Section 4. Those persons who are eligible for enrollment under the preceding sections of this article who elect to be enrolled, except those persons on an approved membership roll of another Tribal Nation.

Section 5. All persons eligible for membership shall submit a completed official enrollment application. Applications for membership must be supported by birth certificates or authenticated copies thereof or other records as set forth in the tribal enrollment ordinance. All evidence will be retained by the Nation to support the record. Tribal membership shall become effective upon an affirmative vote of a majority of the Tribal Council. Any rejected applicants may appeal in accordance with the procedure set forth in the tribal enrollment ordinance.

ARTICLE IV -- GOVERNING BODY

The Erie Moundbuilders Tribal Nation shall be represented by a Tribal Council.

Section 1. Composition. The Tribal Council shall consist of five (5) officers: the Tribal Chairman, Vice-chairman, Secretary, Recording Secretary, Treasurer and seven (7) Representatives all of whom shall be elected at large by the eligible voting membership.

Section 2. Terms of Office. With exception of the Chief/Chairman whose term shall be for life, the term of office of a member of the Tribal Council shall be for a period of four (4) years or until a successor is duly elected and installed in office except for the first election held under this Constitution. At the first election the Tribal Chairman, Vice-Chairman, and Council Representatives 1, 3, 5 and 7 shall serve six (6) years. The Treasurer, Secretary and Council Members 2, 4, and 6 shall serve four (4) years. Thereafter all terms will be four (4) years. There shall be no restriction on the number of terms a Council Member may serve.

Section 3. Qualifications of Candidates and Officers. All members of the Erie Moundbuilders Tribal Nation who will have reached the age of twenty-one (21) years or over by the date of the election shall be eligible to become candidates for election to membership on the Tribal Council except those who have been convicted of a felony offense in a court of law within ten (10) years immediately preceding the election or who is delinquent in relation to any indebtedness to the Erie Moundbuilders Tribal Nation.† All officers must reside within 150 miles of the tribal headquarters.

 

ARTICLE V -- POWERS OF THE TRIBAL COUNCIL

 

Section 1.† The Tribal Council shall have all powers vested in the Nation through its inherent sovereignty or federal law. It shall execute these powers in accordance with established customs of the Nation and subject to the express limitations contained in this Constitution or other applicable laws. These powers include but are not limited to the following:

 

(a) To represent the Nation and act in all matters that concern the welfare of the Nation, and to make decisions not inconsistent with or contrary to this Constitution;

 

(b) To negotiate and enter into contracts with the federal, state, local and tribal governments, and with individuals, associations, corporations, enterprises or organizations;

 

(c) To purchase or accept any land or property for the Nation and to petition the Secretary to place such lands in trust for the benefit of the Nation and its members;

 

(d) To enact laws regulating the use, disposition and inheritance of all property within the territory of the Nation;

 

(e) To enact laws governing membership and act upon petition for membership, provided that once an individual has been duly granted membership in accordance with this Constitution, the Council shall be without authority to withdraw, rescind, or otherwise alter the status of such tribal member or to abrogate, reduce, or limit any rights that attach by virtue of a personís status as a member of the Erie Moundbuilders Tribal Nation.

 

(f) To prevent or veto the sale, disposition, lease or encumbrance of tribal lands, interests in land, tribal funds or other tribal assets;

 

(g) To employ legal counsel in accordance with applicable federal laws;

 

(h) To enact laws regulating the domestic relations of persons within the jurisdiction of the Nation;

 

(i) To enact a law and order code governing the conduct of persons within the jurisdiction of the Nation in accordance with applicable laws;

 

(j) To provide for the removal or exclusion of any non-member of the Nation whose presence may be injurious to members of the Nation, and to prescribe conditions upon which non-members may remain within the territory of the Nation;

 

(k) To levy and collect taxes, duties, fees and assessments;

 

(l) To appropriate and regulate the use of tribal funds in accordance with an annual budget submitted by the Chairman and approved by the Tribal Council;

 

(m) To regulate all business activities within the jurisdiction of the Nation, and to manage all tribal economic affairs and enterprises;

 

(n) To regulate all matters and to take all actions necessary to preserve and safeguard the health, safety, welfare and political integrity of the Nation;

 

(o)† To confirm or reject the appointment of persons selected by the Tribal Chairman.

 

(p) To appoint subordinate committees, commissions, boards, tribal officers and employees, and to set their compensation, tenure and duties;

 

(q) To enact laws, ordinances, regulations, and resolutions necessary or incidental to the exercise of its legislative and/or executive powers;

 

(r)† To establish land policies, adopt a land use ordinance and to otherwise regulate land within the territory of the Nation in accordance with applicable law.

 

(s) To take any and all actions necessary and proper for the exercise of the foregoing powers and duties, including those powers and duties not enumerated above, and for all other powers and duties now or hereafter delegated to the Tribal Council, or vested in the Nation by federal law or through its inherent sovereignty.

 

Section 2. Reserve Power. All authority not vested in the Tribal Council by this article is reserved to the membership and may be delegated to the Tribal Council through appropriate amendments to this Constitution.

Section 3. Future Powers. In addition to all powers inherent or vested in the membership by existing law, the membership may exercise or may delegate to the Tribal Council such other powers as may in the future by delegated to the Nation by the Secretary of the Interior or by any authorized official or agency within any branch of the United States Government.

ARTICLE VI -- DUTIES OF TRIBAL OFFICERS

Section 1. The executive function of the government of the Erie Moundbuilders Tribal Nation shall be vested in a Tribal Chairman.

Section 2. The Tribal Chairman shall have the following powers, duties and responsibilities:

(a) To serve as the principal executive officer and preside over meetings of the Tribal Council.

(b) To carry out the plans and policies established by the Tribal Council.

(c)† To prepare and recommend an annual tribal budget.

(d) To manage, administer, and direct the day-to-day operations of† the Nationís executive departments and agencies, including tribal programs, activities, and services.

(e) To report at least annually to the Council and the membership with regard to the status of the Nationís programs, activities, functions, projects, and other undertakings.

(f) To make appointments and fill vacancies in accordance with this Constitution or other controlling tribal ordinance provisions, subject to confirmation by a simple majority of the Council, where required.

(g) To establish personnel rules, job classifications, and rates of pay for all tribal employees subject to approval by a simple majority of the Tribal Council.

(h) To negotiate contracts or agreements with Federal, State or local governments, private persons, or corporate bodies subject to the approval of the Tribal Council.†

(i) To represent the Nation on all public occasions and to foster respect for the Erie Moundbuilders Tribal Nation in the eyes of the world.

Section 3. Vice-Chairman. In the absence of the Chairman, the Vice-Chairman shall perform the duties of that office. In addition, the Vice-Chairman shall provide for the protection and maintenance of the property and equipment of the Nation.

Section 4. Secretary. The Secretary shall keep an accurate account of all proceedings and official records of the Council and membership, which shall be open to the inspection of the members of the Nation. The Secretary shall keep a correct list of all members of the Nation; shall certify all accounts or orders of the Council; and, in the absence of the Chairman and Vice-Chairman, shall call meetings to order until a Chairman pro tem is selected.

Section 5. Treasurer. The Treasurer shall be the custodian of all funds in possession of the Council from any source. The Treasurer shall keep an accurate record of all funds and shall disburse the same in accordance with the vote of the Council; keep all tribal money in a special account; ensure the conduct of an annual audit; prepare financial reports to be approved by the Tribal Council. The report of same shall be presented to the membership no less than annually.

Section 6. Bonding. All members of the Tribal Council authorized to disburse funds shall be bonded in an amount satisfactory to the Commissioner of Indian Affairs or his authorized representative and the Tribal Council who shall select an agency to provide such bond. The cost of such shall be paid out of tribal money.

ARTICLE VII Ė ELECTIONS

Section 1.Voter Qualifications. All enrolled members of the Erie Moundbuilders Tribal Nation, who are twenty-one (21) years of age or older and who are registered according to the election ordinances adopted by the Tribal Council, shall be entitled to vote in tribal elections. Persons who will be twenty-one (21) years of age on or before the date of the election shall be permitted to register for voting in such election if they otherwise qualify.

Section 2. Election Ordinance. All tribal elections, excluding the first one, will only be held after total enrollment of qualified voting members exceed 500 and shall be conducted in accordance with an election ordinance, enacted by the Tribal Council consistent with this Constitution. Such ordinance shall provide for secret balloting, absentee voting, advance voter registration, nomination of candidates and filing procedures prior to the election date, appointment of an impartial election board to be responsible for conducting all tribal elections, and a procedure for resolving election disputes. Decisions of the election board shall be final. Provisions shall also be included regarding the conduct of initiative, recall and referendum elections and a uniform procedure for submitting petitions.

Section 3. First Election of Tribal Council Members. As soon as practical after the approval and ratification of this Constitution and bylaws, there shall be held an election for officers and Council Members. Such election shall be held under rules and regulations prescribed by the Secretary of the Interior and consistent with this Constitution and the Nationís By-laws.†

 

ARTICLE VIII Ė REMOVAL AND RECALL

 

Section 1. Removal. The Tribal Council shall enact an ordinance outlining procedures for the conduct of a removal meeting of the membership pursuant to Section 2 (a) of this article, for the conduct of a hearing by the Hearing Board as defined in Article IV of the Bylaws pursuant to Section 2 (b) of this article, and for the conduct of a special Tribal Council Meeting pursuant to Section 3 of this article.

 

(a) The Tribal Council shall remove a Council Member for:

 

††††††† (1) Final conviction of a felony by any tribal, federal or state court while serving on the †† Tribal Council.

††††††††††††††† (A) The Tribal Council may suspend a Council Member charged with a felony ††††††††††††††††††††††† pending the outcome of the trial and any appeals.

 

(b) The Tribal Council may discipline or remove a Council Member, by a vote of at least five (5) members of the Tribal Council, for:

 

††††††† (1) Converting tribal property or monies for personal use;

††††††† (2) Failing to attend four (4) regular or special meetings consecutively without good ††††††† cause;

 

††††††† (3) Final conviction of three misdemeanors by any tribal, federal or state court while ††††††† serving on the Tribal Council; or

 

††††††† (4) Violation of the Code of Ethics.

 

(c) In all proceedings under Section 1(a) or 1(b) above, the Tribal Council Member in question shall be afforded full due process rights including a written statement of the charges, the right to respond to those charges and the right to present witnesses and other evidence in his or her defense. The decision of the Tribal Council shall be final and may be appealed to the Tribal Court only if a claim is made that the tribal Constitution has been violated or due process rights not afforded. A Council Member removed from office must wait at least five (5) years from the official date of removal to run for office again.

 

Section 2. Recall.

 

(a) Any adult tribal member may initiate recall proceedings against any Tribal Council Member by filing a written request with the Election Board, Provided, That a recall proceeding may not be initiated against any Tribal Council Member whose term expires within six (6) months.

 

(b) After receipt of the written request, the Election Board shall issue official petition forms to the tribal member who initiated the recall. The tribal member shall have sixty (60) days to collect the signatures from thirty percent (30%) of the eligible voters of the Nation.

 

(c) Individual petitions shall be circulated for each Tribal Council Member who is subject to recall. A maximum of three (3) Tribal Council Members may be recalled at a time.

 

(d) The Election Board shall verify the signatures on a recall petition within ten (10) days of receipt of the petition. If the tribal member seeking recall has collected the required number of signatures in the allotted time then the Election Board shall hold a recall meeting within sixty (60) days of the receipt of the petition. Notice of the recall meeting shall be mailed to eligible tribal voters at least thirty (30) days prior to the recall meeting. The person initiating the recall and the person subject to recall shall be given a reasonable opportunity to speak and present evidence at the recall meeting.

 

(e) A majority vote by secret written ballot of the eligible voters attending the recall meeting shall determine the success or failure of the recall petition(s), Provided, That at least thirty (30%) of the eligible voters actually vote at the recall meeting.

 

(f) The recall meeting shall be held in accordance with the provisions of an election ordinance which shall include a section on recall procedures.

 

Section 3. Vacancies upon Recall or Removal.

 

(a) If a Tribal Council Member should be removed or recalled from office, the Tribal Council shall declare the position vacant. The Tribal Council shall fill a vacancy by special election unless less than six (6) months remain in the term, in which case the Tribal Council shall leave the position vacant. The person who fills a vacant position shall only serve out the term of the person whom he or she is replacing.

 

(b) All resignations from the Tribal Council shall be made in writing.

 

 

ARTICLE VIII -- FILLING OF VACANCIES

 

Section 1. Tribal Chairman. If a vacancy for a reason other than recall or removal occurs in the office of Tribal Chairman and less than one (1) year remains of his term of office, the office shall be filled by the Vice Chairman of the Tribal Council who shall serve for the remainder of the unexpired term of office in the position of Chairman. During the period which the Vice-Chairman serves as Chairman under these circumstances, the Vice-Chairman's office shall not be considered vacant and he shall return to serve the unexpired portion of his own term of office upon election and installation of a Chairman. If a vacancy occurs in the office of Tribal Chairman and more than a year remains of his term of office, the Tribal Council shall within sixty (60) days of the vacancy, cause to be held a special election in which all qualified voters of the Erie Moundbuilders Tribal Nation may participate for the purpose of filling the vacancy.

Section 2. Vice-Chairman, Secretary, Treasurer or District Council Representatives. If a vacancy occurs in the office of Vice-Chairman or Council Representative for a reason other than recall or removal, the Chairman may appoint a tribal member to fill such vacancy until the next regular annual election of the Nation provided that such person is eligible to serve on the Council. If the term of the vacant position does not expire at the next regular annual election, the vacancy will be filled for the unexpired portion of the term. In the event the vacancy occurs in the office of the Secretary or the Treasurer for a reason other than recall or removal, the Chairman shall appoint a member of the Council to perform the duties of the vacant office until such vacancy is filled.

 

ARTICLE IX -- INITIATIVE AND REFERENDUM

 

Section 1. The members of the Erie Moundbuilders Tribal Nation shall have the power to establish policy or enact ordinances consistent with this Constitution by petition to the Tribal Council bearing the language of the proposed policy or ordinance and the signatures of at least fifty (50) of the registered voters of the Nation, provided that, in an election, which must be called by the Tribal Council and conducted within sixty (60) days of the receipt of a valid petition, a majority of the voters who cast ballots in such election, so demand. Notice of such petition election shall be given to the registered voters at least fifteen (15) days prior to such election. The Tribal Council shall be bound by the results of such election for at least one (1) year from date of that election.

Section 2. The members of the Erie Moundbuilders Tribal Nation shall have the power to reject any action of the Tribal Council by petition to the Tribal Council bearing the language of the action sought to be rejected and the signatures of at least fifty (50) of the registered voters of the Nation provided that, in an election, which must be called by the Tribal Council and conducted within sixty (60) days of the receipt of a valid petition, a majority of the voters voting who cast ballots in such election so demand. Notice of such petition election shall be given to the registered voters at least fifteen (15) days prior to such election. The Tribal Council shall be bound by the results of such election for at least one (1) year from date of that election.

ARTICLE X -- BILL OF RIGHTS

Section 1. All members shall enjoy without hindrance, freedom of worship, conscience, speech, press, assembly, and association.

Section 2. This Constitution shall not in any way alter, abridge, or otherwise jeopardize the rights and privileges of the members of this Nation as citizens of the State of Pennsylvania or the United States.

Section 3. The individual property rights of any member of the Nation shall not be altered, abridged, or otherwise affected by the provisions of this Constitution without the consent of such individual member.

Section 4. The enumeration of any rights in this article shall not be interpreted to limit the rights otherwise guaranteed by the Indian Civil Rights Act of 1968 (25 USCA 1302).

ARTICLE XI -- AMENDMENTS

Amendments to this Constitution may be proposed by a majority vote of the Tribal Councilor by a petition signed by fifty (50) of the registered voters of the Nation and, if approved by the Secretary of the Interior, shall be submitted to a vote of the adult members of the Nation in an election conducted pursuant to regulations of the Secretary or the Interior. Such amendments shall be effective if ratified by a majority of those cast ballots. Copies of any proposed amendment shall be furnished to members upon request. Notice of a proposed amendment shall be given to the voting population at least thirty (30) days prior to an election on such proposal through appropriate publicity.

 

ARTICLE XIII - ORDINANCES AND RESOLUTIONS

 

Section 1. Resolutions. All final decisions on matters of temporary interest where a formal expression is needed shall be embodied in a resolution, noted in the minutes, and shall be available for inspection by members of the Nation during normal business hours.

 

Section 2. Ordinances. All final decisions on matters of permanent interest shall be embodied in ordinances. Such enactments shall be available for inspection by members of the Nation during normal business hours.

 

 

ARTICLE XIV Ė THE TRIBAL COURT SYSTEM

 

 

Section 1. Establishment. The judicial power of the Nation shall be vested in the Tribal

Court System. The Tribal Court System shall include a Tribal Court and such other lower courts of special jurisdiction, including forums for traditional dispute resolution, as the Tribal Council may establish by ordinance. There shall also be a Court of Appeals which shall be the court of last resort for all cases filed within the Tribal Court System.

 

Section 2. Jurisdiction. The judicial power of the courts shall extend to all cases and controversies within the jurisdiction of the Nation, in law or equity, arising under this Constitution, the laws or customs of the Nation, or which are vested in the tribal courts by federal law or by virtue of the Nation's inherent sovereignty. Any case or controversy arising within the jurisdiction of the Nation shall be filed in the Tribal Court or other appropriate forum established by the Tribal Council before it is filed in any other court.

 

Section 3. Appointment of Judges. The Tribal Council shall appoint judges to serve for a term of

four (4) years. There shall be one judge for the Tribal Court, which number may be increased by resolution of the Tribal Council should circumstances so require; and either one or three judges for the Court of Appeals. No judge shall preside over a matter in the Court of Appeals if he or she presided over the same matter in the Tribal Court.

 

Section 4. Qualifications of Judges. The qualifications for judges shall be established by

ordinance, provided that no additional requirements may be added during the tenure of a judge

already in office, unless the additions or changes exempt the present judges during their term.

 

Section 5. Compensation. Judges shall receive for their services reasonable compensation that

shall not be diminished during their term of office.

 

Section 6. Removal of Judges.

 

(a) A judge shall be removed by the Tribal Council for:

 

(1) Final conviction of a felony by any tribal, federal or state court while serving as judge.

 

(A)                        The Tribal Council may suspend a judge charged with a felony pending the outcome of the trial and any appeals, and an interim judge may be appointed for the period of the suspension.

 

(b) A judge may be disciplined or removed by the Tribal Council, by a vote of at least five (5)

members of the Tribal Council, for any of the following grounds:

 

(1) Converting tribal property or monies for personal use;

 

(2) Final conviction of three misdemeanors by any tribal, federal or state court while serving as judge;

 

(3) Dereliction of duty; or

 

(4) Violation of the Judicial Code of Ethics.

 

(c) A judge shall be given notice and full and fair opportunity to reply to any and all charges for which he or she may be disciplined or removed. A judge who is disciplined or removed may appeal directly to the Court of Appeals, or, in the event, of the removal of a member of the Court of Appeals, a Special Judicial Panel composed of three judges shall be appointed to decide the matter, provided that no member of the Tribal Council or any sitting Tribal Judge may sit on such Special Judicial Panel.

 

Section 7. Court Rules. The duties and procedures governing both civil and criminal proceedings before the Tribal Courts, including Forms, Filings, Fees, Admission to Practice and Rules of Evidence, shall be promulgated by Order of the Chief Judge of the Tribal Court of Appeals and formalized in an official publication available at all times to the public and all litigants. The Chief Judge of the Tribal Appeals Court may from time to time issue orders amending the Rules of Civil and Criminal Procedure, provided that revisions shall not be effective until incorporated in the official publication containing the Courtís Rules of Procedure.† The Chief Judge of the Tribal Appeals Court shall be responsible to promulgate by Order a Judicial Code of Conduct governing the ethical standards for judges of the Courts of the Nation, which shall also be formalized in an official publication available at all times to the public and all litigants.† All other judicial matters not addressed in this Article of the Constitution shall be addressed by the Tribal Council in the form of an Ordinance.†

 

ARTICLE XV- SOVEREIGN IMMUNITY

 

The Erie Moundbuilders Tribal Nation shall be immune from suit except to the extent that the Tribal Council expressly waives the Nation's sovereign immunity, or as provided by this Constitution.

 

 

 

 

 

 


BYLAWS

ARTICLE I -- OATH OF OFFICE

 

Section 1. Each member of the Tribal Council shall take an oath of office and pledge himself to support and defend the Constitution and Bylaws of the Erie Moundbuilders Tribal Nation prior to assuming the duties of his office. The following form of oath shall be given:

I,__________________________________, do hereby solemnly affirm that I will support and defend the Constitutions of the Erie Moundbuilders Tribal Nation and the United States against all enemies, and will carry out faithfully and impartially the duties of my office to the best of my ability and will promote and protect the best interest of the Erie Moundbuilders Tribal Nation in accordance with the Nationís Constitution and Bylaws. The oath of office is to be administered by the Chairman of the Election Board.

ARTICLE II Ė MEETINGS

 

Section 1. All meetings of the membership of the Erie Moundbuilders Tribal Nation shall be held at the tribal headquarters unless otherwise specified by the Tribal Council. Public notice at least ten (10) days prior to the meeting must be given for any change in the place of a meeting of the membership.

Section 2. Conduct. All meetings shall be conducted in accordance with Robert's Rules of Order, unless otherwise specified in this Constitution and Bylaws.

Section 3. Special Meetings. Special meetings of the Tribal Council may be called at the discretion of the Tribal Chairman and must be called by him upon receipt of a request written by a majority of the Tribal Council or upon receipt of a petition signed by at least fifty (50) of the registered voters of the Nation; provided, however, that a ten (10) day notice of such meetings must be given.

ARTICLE III -- COMPENSATION

Compensation for Tribal Council, Hearing Board and Election Board Members or any other Special Representative officially designated by the Tribal Council or the membership shall be governed by tribal ordinance, which shall, at a minimum, address compensation for regular and special meetings and official travel.

 

ARTICLE IV Ė ELECTION BOARD

Section 1. Composition. The Election Board shall be composed of five (5) members of the Nation. At the first meeting following each annual election the Election Board shall select from within its membership a Chairperson and a Recorder.

Section 2. Selection. The members of the Election Board shall be elected by secret ballot pursuant to Article VII in conjunction with the election of Tribal Council members.

Section 3. Terms of Office. The term of office of a member of the Election Board shall be for a period of four (4) years and until a successor is duly elected and installed except for the first election held under this Constitution. At the First election, two (2) members of the Election Board shall be elected for terms of four (4) year and three (3) members of the Election Board shall be elected for terms of six (6) years.† Members of the Election Board shall not be subject to removal by the Tribal Council, except in the event that a member is convicted of any felony offense by any court of competent jurisdiction and only after a hearing before the Tribal Court, which shall require written evidence of such conviction before issuing an Order of Removal.

Section 4. Qualifications of Candidates. All members of the Nation who will have reached the age of thirty-five (35) years by the date of the election shall be eligible to become candidates for election to membership on the Election Board, provided that no tribal member may serve at the same time as a member of the Election Board and as a member of either the Tribal Council.

Section 5. Filling of Vacancies. If a vacancy occurs on the Election Board, the Tribal Council shall appoint a successor to fill the vacancy, who shall be qualified according to Section 4 of this Article, to serve until the next regular election.

Section 6. Duties. Actions of the Election Board shall be initiated by a written statement of charges against one (1) or more members of the Tribal Council requesting that a recall election be conducted. The hearing shall be conducted pursuant to an ordinance enacted by the Tribal Council in accordance with Article XII of this Constitution. All decisions of the Election Board as to whether or not to conduct a recall election shall be final.

ARTICLE V -- ADOPTION

This Constitution and bylaws shall be effective when approved by the Secretary of the Interior and ratified by a majority vote of the adult members of the Erie Moundbuilders Tribal Nation voting in an election called for that purpose by the Secretary of the Interior under rules and regulations which he may prescribe pursuant the Indian Reorganization Act of 1934 (25 U.S.C. 461 et seq.)

 

 

APPROVAL

I, __________________, Commissioner of Indian Affairs, by virtue of the authority granted to the Secretary of the Interior by the Act of June 26, 1936 ( 49 Stat. 1967), as amended, and delegated to me by 230 DM 1.1, do hereby approve the Constitution and Bylaws of the Erie Moundbuilders Tribal Nation.

Commissioner of Indian Affairs

Washington, D. C.
Date: ____________

(Ratified on _______)


 


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