Draft Constitution
Below is a draft constitution which is intended to be submitted to the
BIA by the organizing group once that group is identified. Please review
the various sections and make any comments or aks any questions in the
boxe that is adjacent to the text. The reasons for a new constitution for
this tribe is simply that the one which the Tribe has submitted was never
intended to be complete and, most important, the BIA has not accepted anyone's
constitution, up to this point. This is mostly because the enrollment criteria
have not been accepted, yet, by the BIA. Keep in mind that the document
below is JUST A DRAFT, and it is assumed that the stakeholders will have
amble opportunity to propose and adopt changes.
Recall that Yakima Dixie did have constructed a constitution that is
dated December 11, 1999.
It was submitted to Fry, Golding, and Risling of the BIA on December 23,
1999. A copy was made, and Risling said that it looked okay; however, neither
the BIA nor Yakima pursued the matter. Besides, it was captions as a "draft",
and Yakima never signed it. Then, in 2002, Silvia Burley submitted a constitution
but withdrew it. In 2004, she submitted another constitution; but it was
rejected by the BIA be it did not involved the greater community of tribal
members. Yakima submitted another constitution dated February
18, 2006; and that is the one under which the Tribe has been operating
ever since. I (Chadd) wrote that in close consultation with Yakima, Velma,
and the other members of the Tribal Counsel; however, it was intended to
be an interim document, subject to modification after negotiations with
the BIA. The BIA never officially accepted that document; but probably,
it helped force the Bureau to move forward with the formal organization
of the Tribe under the Indian Reorganization Act.
In the most recent meeting with the BIA (July 20, 2007), one of our
legal counsels (Peter Melnicoe) asked to have model constitutions so that
he might devise a more current document. The BIA sent two for his evaluation.
The draft Constitution, below, was constructed by Peter in collaboration
with another legal counsel, Arlo Smith. Peter is the former Chief Legal
Counsel for the California Gambling Control Commission and prior to that
served in the Office of Legislative Counsel, which is a nonpartisan public
agency that drafts legislative proposals, prepares legal opinions, and
provides other legal services to the California Legislature. Arlo Smith
served as the Commissioner of the California Gambling Control Commission
and, among other public offices, he was the District Attorney for the City
of San Francisco. I doubt that there are any better authorities for constructing
a constitution.
Now, a constitution is a written document which describes the procedures
for how the affairs and activities of a particular organization are to
be conducted. The purpose is to be orderly, transparent, and representative.
In terms of social organizations, the family unit is the base institution.
Almost never is the family administered by a written constitution (however,
given the chaotic nature of families, that might not be a bad notion albeit
impractical). The next level of social organization would be a clan, which
is a cluster of families; and again, clans do not have written constitutions.
And a cluster of clans would be a tribe. When many tribed become federated
in to a nation, then a constitution is essential. Traditionally, in terms
of the governance of tribes, they were ruled (like families and clans)
by dominant individuals and groups without a written constitutions. However,
the complexity of modern circumstances rises to the level of requiring
a constitution. Constitutional governmenance requires much more than just
a written and published document. Substantively, it requires the following
elements. 1) Procedural stability; 2) Accountability; 3) Representation;
4) Division of power; and 5) Openness and disclosure. Each is an extended
discussion which can be deferred. For now, pllease read the text below
and make any comment, affirmative or negative, as desired.
Aho!
Chadd
CONSTITUTION OF THE CALIFORNIA VALLEY MIWOK TRIBE OF THE SHEEP RANCH
RANCHERIA
Should this be the name of the Tribe?
PREAMBLE
§ 1 - We, the members of the California Valley Miwok
Tribe of the Sheep Ranch Rancheria, in memory of our ancestors, and for
the benefit of ourselves and future generations, do hereby adopt this Constitution
for the purpose of organizing a tribal government under an elected tribal
council and for the following additional purposes:
§ 2 - Preserving and protecting the rights, values, culture,
traditions, language, arts and crafts, and archeological sites, of our
Tribe and other Miwok peoples.
§ 3 - Preserving and exercising all the inherent sovereign
rights and powers
of an Indian tribe, including conduct of government-to-government relations
with the United States Government, the State of California and other public
entities.
§ 4 - Developing tribal resources, acquiring a tribal land base,
and promotion of educational and commercial opportunities, in order to
promote self-sufficiency and for the social and economic betterment of
all members of the Tribe and its future generations.
ARTICLE I. SUPERSEDURE
This Constitution is an extension of and replaces the tribal constitutions
of December 11, 1999 and February 18, 2006. The Constitution retains and
incorporates the particular agreements made by Yakima Dixie subsequent
to 1999 on behalf of The Tribe and the resolutions made by the Tribal Council
subsequent to February 18, 2006, unless nullified or revised by new legislation.
ARTICLE II. NAME OF THE TRIBE
The name of our Tribe henceforth shall be the California Valley Miwok
Tribe of the Sheep Ranch Rancheria. The Tribe has been previously identified
as the "California Valley Miwok Tribe, California (formerly the Sheep
Ranch Rancheria of Me-Wuk Indians of California)" by the Department
of the Interior Bureau of Indian Affairs in its notices entitled "Indian
Entities Recognized and Eligible to Receive Services from the United States
Bureau of Indian Affairs," as published from time to time in the Federal
Register.
ARTICLE III. TERRITORY AND JURISDICTION
Section 1. Territory. The territory of the Tribe shall include, to
the fullest extent possible consistent with Federal law, all lands, water,
property, airspace, surface rights, subsurface rights and other natural
resources in which the tribe has any interest and which are owned or acquired
in the future by the United States for the exclusive or non-exclusive benefit
of the Tribe or for any individual member of the Tribe, or which are located
within the boundaries of a reservation which may be established for the
Tribe, notwithstanding the issuance of any right-of-way. The jurisdiction
of the Tribe shall extend to all land hereafter acquired or set aside in
trust by the United States for the Tribe or any member thereof and to all
persons within the geographical area that is subject to the jurisdiction
and governmental authority of the Tribe. Jurisdiction over the Tribe's
territory is subject to Federal law.
Section 2. Jurisdiction. Except as prohibited by Federal law the
Tribe shall have jurisdiction over all tribal members and over all persons,
subjects, property and all activities occurring within its territories
defined by this article. Nothing in this article shall be constructed to
the ability of the Tribe to exercise its jurisdiction, based upon its inherent
sovereignty as
an Indian tribe.
Section 3. Headquarters. The headquarters of the Tribe is the site
of the Tribe's historic rancheria at Sheep Ranch, California. However,
the Tribal Council may relocate the Tribe's headquarters to another location
owned by the Tribe in fee or owned by the United States in trust or otherwise
on behalf of the Tribe.
ARTICLE IV. MEMBERSHIP
Section 1. Membership. The membership of the Tribe shall consist
of the following persons:
(a) Original enrollees. Persons who have been determined by the Bureau
of Indian Affairs, United States Department of the Interior, prior to the
effective date of this Constitution, or subsequently by the Tribal Council,
to be lineal descendents of persons named below in any of the following
records:
1. August 13, 1915, Census of Indians at or near Sheepranch, Calaveras
County, California, which listed the following:
(i). Peter Hodge
(ii). Annie Hodge
(iii). Malinda Hodge (Daughter of Peter and Annie Hodge)
(iv). Lena Hodge (Daughter of Peter and Annie Hodge)
(v). Tom Hodge (Son of Peter and Annie Hodge)
(vi). Andy Hodge ( Son of Peter and Annie Hodge)
(vii). Jeff Davis
(viii). Betsey Davis
(ix). Mrs. Limpey
(x). John Tecumchey
(xi). Pinkey Tecumchey
(xii). Mamy Duncan (Granddaughter of Jeff Davis)
2. June 6, 1935, Approved List of Voters for Indian Reorganization
Act of Sheep Ranch Rancheria, Calaveras County, California, which listed
Jeff Davis
3. August 11, 1964, Approved Plan for Distribution of the Assets
of the Sheep Ranch Rancheria, in accordance with provisions of Public Law
85-671, approved August 18, 1958, and amended by Public Law 88-419, which
listed Mabel Hodge Dixie.
(b) Elective members. The General Council may admit to membership
in the Tribe persons meeting any of the following criteria :
(b)1. Any person (not designated in
subsection (a) who lived on the Sheep Ranch Rancheria for a period not
less than two full years between 1915 and the distribution of the land
included within the Rancheria to Mable Hodge Dixie in 1967, and any lineal
descendent of such a person.
(b)2. Any person who is a lineal descendent
of a Miwok family with historic ties to the area described within the boundaries
of Calaveras County in the State of California.
(b)3. Any other person approved by the
Tribal Council for adoptive membership.
(c)(1) Membership disqualification: withholding tribal property.
Persons who have had possession or control of property belonging to the
Tribe shall not be eligible for admission to membership in the Tribe under
subsection (b) of this Paragraph 3, unless the Tribal Council determines
that all such property has been voluntarily transferred to the possession
or control of the Tribal Council. The Tribal Council's determination shall
be made by approval of a written resolution identifying the property and
stating that the Tribal Council has assumed possession or control of the
property.
(c)(2) Paragraph 1 of this subsection (c) does not apply to property
that is no longer in the possession or control of the person applying for
membership in the Tribe under subsection (b), unless the property was misused
for personal purposes, in which case the person shall make restitution
to the Tribe of the value of the property as a precondition to becoming
eligible for membership.
(d) Children of members. Any child born to a member who is listed
upon the membership roll of the Tribe at the time of the child's birth
shall be a member of the Tribe and the name of the child shall be entered
upon the membership roll. The Tribal Council may approve membership of
a child under 18 years of age adopted by a member listed upon the membership
roll.
Section 2. Enrollment and membership roll. The official membership
roll shall be prepared and updated at least annually in accordance with
an Enrollment Ordinance adopted by the Tribal Council. The Enrollment Ordinance
shall contain provisions for enrollment procedures consistent with this
Constitution. The Tribal Council shall provide a copy of the official membership
roll to any member of the General Council upon request.
Section 3. Loss of membership. The Tribal Council shall remove from
the tribe's membership roll the name of any person who voluntarily relinquishes
his or her membership in the Tribe in accordance with such procedures or
who otherwise becomes disqualified for membership in accordance with this
Constitution.
(a) Voluntary relinquishment. All voluntary relinquishments of membership
in the tribe shall be done in writing in accordance with the procedures
established by the Enrollment Ordinance.
(b) Membership in another tribe. Any member of the Tribe who is or
becomes a member of any other federally recognized Indian tribe, band or
group shall be disenrolled by the Tribal Council in accordance with the
procedures established by the
Enrollment Ordinance. However, this subsection shall not apply to any person
under the age of 18 years who becomes a member of another federally recognized
tribe, unless such person continues membership in the other tribe following
the person's eighteenth birthday.
(c) Failure to meet membership criteria. If the Tribal Council determines,
subsequent to the enrollment of any member, that the member fails to meet
the criteria upon which membership was granted pursuant to Section 1 of
this Article IV, the Tribal Council shall disenroll the member, subject
to a right of appeal to the General Council in accordance with procedures
established by the Enrollment Ordinance. The disenrollment shall not become
final while such an appeal is pending.
(d)(1) Disenrollment for cause. It is the policy of the Tribe that
disenrollment of a member shall only be permitted for severe violations
of the laws or customs of the Tribe that seriously disrupt tribal affairs
or the continued affinity of the membership or which subject the Tribe
to disrepute. Cause for disenrollment under this subsection shall be further
defined with specificity in the Enrollment Ordinance.
(d)(2) Ex post facto prohibited. . No member may be disenrolled for
cause specified by an amendment to the Enrollment Ordinance occurring after
the member's actions constituting such cause.
Section 4. Appeals. Decisions of the Tribal Council concerning an
application for enrollment or the disenrollment of a member of the Tribe
may be appealed to the General Council. However, persons failing to meet
the criteria for membership in the Tribe, as prescribed by or pursuant
to this Constitution, shall not be granted membership or restored to membership
by the General Council.
Section 5. Membership categories. This Constitution may be amended
to designate various classes of membership in the Tribe, including nonvoting
memberships.
ARTICLE V. GENERAL COUNCIL
Section 1. Composition of the General Council. The General Council
shall consist of all enrolled members of the Tribe who are 18 years of
age or older.
Section 2. Quorum and voting. At a properly noticed meeting of the
General Council those in attendance shall constitute a quorum and may conduct
the business of the General Council. The General Council may take action,
including election of tribal officials, by a vote of a majority of those
present and voting, except that a vote of a majority of the total membership
of the General Council shall be required to reverse a decision of the Tribal
Council upon any appeal permitted under this constitution.
Section 3. Presiding officer. The Tribal Chairperson shall serve
as presiding officer during meetings of the General Council. If there is
no Tribal Chairperson, the General Council, as a first order of business,
shall select one of its members to serve as the presiding officer during
that meeting.
Section 4. Regular meetings. The General Council shall meet once
each calendar year at a date, time and place, which shall be designated
by the Tribal Council. The Tribal Council shall mail notice of the regular
annual meeting to each member of the General Council not less than 30 nor
more than 60 days in advance of the annual meeting.
Section 5.(a) Special meetings. The Tribal Council may call special
meetings of the General Council as necessary. The Tribal Council shall
mail notice of a special meeting to each member of the General Council
not less than 15 nor more than 30 days in advance of the meeting. The notice
of any special meeting of the General Council shall include an agenda,
as determined by the Tribal Council. The General Council may take action
at a special meeting only upon matters identified in the agenda mailed
with the notice of the meeting.
Section 6. Urgent meetings. A meeting of the General Council to conduct
urgent business shall be convened upon the request of twenty-five percent
of the members of the General Council. An urgent meeting shall be noticed
as provided in Section 7 of this Article V, but may be noticed by the proponents
of the meeting if the Tribal Council and Tribal Chairperson fail to properly
notice the meeting. The notice shall include an agenda An urgent meeting
may be called for any time not less than 10 days nor more than 30 days
following the mailing of notice of the meeting. The General Council may
take action at an urgent meeting only upon matters identified in the agenda
mailed with the notice of the meeting.
Section 7. Notice of meetings. The Tribal Council, if necessary,
the Tribal Chairperson shall provide notice of each annual, special or
urgent meeting of the General Council by first class mail, postage prepaid,
addressed to the last known address of each member of the General Council
as shown upon the most recent membership roll. The notice of any meeting
shall specify the date, time and place of the meeting. The notice of any
meeting at which an election will be conducted shall include a copy of
the applicable resolution of the Tribal Council prescribing election procedures.
Section 8. Location of meetings. Unless approved by a 2/3 vote of
the membership of the Tribal Council, all meetings of the General Council
shall be held at the headquarters of the Tribe.
Section 9. Powers of the General Council. The General Council shall
have the following powers:
(a) Elections. To elect members of the Tribal Council and a Tribal
Chairperson.
(b) Removal To remove members of the Tribal Council from office for
incompetence, neglect of duty or other good cause upon a vote of a majority
of the total membership of the General Council.
(c) Appeals. To hear and decide appeals from decisions of the Tribal
Council as to matters for which such appeal rights are granted by this
Constitution.
(d) Residuary authority. The General Council shall have all powers
and authority except those that it specifically delegates to the Tribal
Council in this constitution. Any rights and powers vested in the Tribe,
but not expressly conferred upon the Tribal Council the constitution, shall
not be abridged but shall be reserved to the members of the General Council.
Section 8. Nonvoting members. If nonvoting categories of membership
in the Tribe are created, those nonvoting members shall be members of the
General Council and shall be entitled to attend meetings and speak on issues
before the General Council, but may not vote on measures before the General
Council. Nonvoting members shall be ineligible to serve as members of the
Tribal Council.
Section 9. Continued meetings. The General Council may adjourn a
regular, special or urgent meeting from time to time to resume at a date,
time and location certain. Unless impracticable, notice of continuance
of a meeting of the General Council shall be provided to all members of
the General Council by first class mail. The General Council shall assign
responsibility for providing such notice.
ARTICLE VI. ELECTIONS
Section 1. Elections. The General Council shall conduct elections
for the Tribal Chairperson and elective members of the Tribal Council every
two years. Except as necessary to fill vacancies occurring prior to expiration
of a term, elections shall be conducted at regular meetings of the General
Council.
(H2-paragraph)
Section 2. Elections shall be conducted by secret ballot in accordance
with procedures which shall be prescribed by resolution of the Tribal Council
adopted on or before the date notice of the regular General Counsel meeting
is mailed. All qualified candidates for the Tribal Council or Tribal Chairperson
shall be entitled to address the General Council. The General Council shall
provide ample time for discussion and debate.
ARTICLE VII. THE TRIBAL COUNCIL AND OFFICERS
Section 1.(a) Governing body. The governing body of the Tribe is
the Tribal Council consisting of the Tribal Chairperson and four other
members.
(b) Yakima K. Dixie is the eldest survivor of tribal members last
residing upon the Sheep Ranch Rancheria and is identified by the local
Miwok community as the hereditary leader of the Tribe. In recognition of
this status and his contribution to organizing the Tribe, Yakima Dixie
shall serve as a member of the Tribal Council during his lifetime, and
thereafter the position shall be filled by election.
Section 2. Initial Tribal Council. The initial General Council consisting
of descendents of persons listed in subsection (a) of Section 1 of Article
IV of this Constitution shall also serve as the initial Tribal Council
and shall admit other persons to membership in the Tribe as it shall determine
in accordance with the criteria set forth in this Constitution. The initial
Tribal Council shall serve for one year following its receipt of written
notice of its recognition to conduct government-to-government relations
with the United States. The initial Tribal Council shall adopt resolutions
and ordinances as necessary for the conduct of tribal affairs, including
the establishment of the date, time and place for the initial regular meeting
of the General Council and election procedures.
Section 3. Term. Except for the initial Tribal Council, the Tribal
Chairman and each other elected member of the Tribal Council shall serve
for terms of two years or until their successors have been elected by the
General Council.
Section 4. Vacancies. Whenever a vacancy occurs in the office of
Tribal Chairman or any other member of the Tribal Council prior to the
expiration of the term of office, the Tribal Council shall as soon as possible
notice a special meeting of the General Council to fill the vacancy for
the remainder of the unexpired term. The Tribal Council may, however, defer
the election until the next regular meeting of the General Council if the
regular meeting has been scheduled for a date not more than 90 days following
the vacancy.
Section 5. Quorum and voting. Three members of the Tribal Council
shall constitute a quorum for the conduct of business. All actions of the
Tribal Council shall require the vote of at least three members, except
that, a quorum being present, a majority of those members in attendance
may take action to notice an election.
Section 6. Powers. The Tribal Council shall have all of the following
powers:
(a) To conduct relations on behalf of the Tribe with other governments;
to negotiate with the Federal, State, and local governments; and to obtain
such approvals from the United States Secretary of the Interior as may
be required by federal law for actions within the scope of authority of
the Tribal Council..
(b) To adopt resolutions and ordinances within the scope of the Tribe's
sovereign authority as an Indian nation.
(c) To manage the economic affairs of the Tribe, including authority
to enter into contracts and submit grant applications.
(d) To commence or defend litigation on behalf of the Tribe and its
interests in any court of competent jurisdiction.
(e) To appropriate funds in the Tribe's treasury and prepare budgets
for allocation of resources of the Tribe.
(f) To levy taxes and license fees.
(g) To exclude unauthorized persons from lands within the jurisdiction
of the Tribe.
(h) To establish, or cooperate with one or more other Indian tribes
in California in establishing, tribal courts for the purpose of exercising
authority delegated by the Tribal Council with the approval of the General
Council.
(i) To acquire, encumber, and dispose of property on behalf of the
Tribe and to regulate the use of the Tribe's property.
(j) To charter and regulate subordinate organizations and cooperative
associations.
(k) To regulate domestic relations.
(l) To appoint guardians.
(m) To encourage arts and crafts.
(n) To regulate tribal elections consistent with this Constitution.
(o) To determine the procedures for the Tribal Council.
(p) To acquire property and accept gifts on behalf of the Tribe;
(q) To adopt, and amend from time to time, ordinances to ensure complete
jurisdiction is available to the Tribe under the Indian Child Welfare Act
of 1978, 25 U.S.C. 1901 et seq.
(r) To establish and participate in educational programs and activities
for the benefit and welfare of the Tribe
(s) To employ or contract for such attorneys and other assistants,
and to appoint committees, as may be as necessary for the conduct of its
business,
(t) To exercise all other functions assigned to the Tribal Council
by this Constitution.
{Pretaining to section 6 (a-t)}
Section 7. Tribal Chairperson. The Tribal Chairman shall have all
of the following responsibilities:
(a) To preside at meetings of the Tribal Council and General Council.
(b) To conduct day-to-day business as may be directed or delegated
by the Tribal Council.
Section 8. Secretary. The Tribal Council shall appoint one of its
members or any other member of the General Council to serve as Secretary.
The Secretary shall keep the minutes of the meetings of the Tribal Council
and the General Council, take roll call at all meetings, prepare resolutions
and ordinances, attend to the correspondence of the Tribal and General
Council, maintain the official records of the Tribe, maintain and keep
current the tribe's eligible voter list, certify the enactment of all resolutions
and ordinances of the Tribal Council.
Section 9. Treasurer. The Tribal Council shall appoint one of its
members or any other member of the General Council to serve as Treasurer.
The Treasurer shall be bonded at the expense of the Tribe and shall have
care and custody of all valuables for the tribe and deposit all money in
an approved depository. The Treasurer shall disburse all funds as ordered
by the Tribal Council by check to be co-signed by the Tribal Chairperson.
The Treasurer shall maintain financial accounts, receipts, and records,
which shall be available for inspection by members of the Tribal Council
and General Council. All financial records of the Tribe shall be audited
as may be directed by the Tribal Council. The Treasurer shall be responsible
for the preparation of the annual budget, and together with the Tribal
Chairperson present it to the Tribal Council for approval. Under the supervision
of the Chairperson, the Treasurer is in charge of all employees, boards,
commissions, committees responsible for accounts of the tribe.
ARTICLE VIII. CIVIL RIGHTS
The Tribe, in exercising its powers of self-government, shall adhere
to all provisions of the Indian Civil Rights Act of 1968, as amended.
ARTICLE IX. AMENDMENT
Section 1. Approval requirement. Amendments to this Constitution
may be proposed and approved as provided in this Article IX. All amendments
to the Constitution shall require the approval of a majority of the total
membership of the General Council.
Section 2. (a) Tribal Council proposals. The Tribal Council may propose
amendments to the Constitution by submitting its proposed amendments to
the General Council.
(b) Ten or more members of the General Council may propose amendments
to the Constitution by submitting a request and amendment language to the
Tribal Council, in which case the Tribal Council shall submit the proposed
amendments to the General Council for consideration at its next regular
meeting, or may call a special meeting of the General Council.
Section 3. The notice of any meeting of the General Council at which
proposed amendments are to be considered shall contain the language of
the proposed amendments and a brief description of the purpose and effect
of the proposed amendments. If the proposed amendments are submitted by
the Tribal Council, it shall submit the description. If the the proposed
amendments are submitted by proponent members of the General Council, the
proponents shall submit the description.
ARTICLE X. ADOPTION
This Constitution shall become effective when approved in writing
by a majority of the persons identified by the United States Department
of the Interior, Bureau of Indian Affairs, in accordance with its procedures
assisting organization of the Tribe, during the calendar year 2007 as descendents
of persons identified in subsection (a) of Section 1 of Article IV hereof.
General Comments: