KONKOW VALLEY BAND
As amended January 4, 2004
The Konkow Valley Band of Maidu, hereinafter referred to as the " Tribe, " In order to establish a tribal government through which we may effectively exercise our inherent sovereign powers and privileges, and preserve and maintain our unique cultural and ethnic heritage ratify this Constitution.
The territorial jurisdiction of the Tribe shall extend to all lands as to which the Tribe hereafter may acquire legal or beneficial title.
SECTION 1. The membership of the Konkow Valley Band of Maidu shall consist of the following:
(a) All persons who possesses Konkow or Maidu blood whose names appear on the official rolls of California Indians prepared under the act of May 18, 1928, 45 Stat. 602 as amended; Act of April 29, 1930, 46 Stat 259; Act of June 30, 1948, 62 Stat. 1166; Act of May 24, 1950, 64 Stat. 198 as amended; Act of June 8, 1954, 68 Stat 240; and Act of September 21, 1968, 82 Stat. 800, whose names appear on the C.E. Kelsey Census of Non-reservation California Indians 1905-1906, who are, or who were, identified as living within the Boundary of.Reservoir, Yankee Hill and Homo area. This area lies within the boundary of land granted by the U.S. Treaty of August 1, 1851, made and concluded at Bidwell's Ranch on Chico Creek. Between O.M. Wozencraft, United States Indian Agent and the Chiefs, and Head Men of the Mi-chop-da, Es-Kuin, Etc. Tribes of Indians. These boundaries include: Yankee Hill, Pulga, Cherokee, Dogwood, Camp Creek, Mesilla Valley, Isiah, Flea Valley, Nimshew, Rag Dump, Chico Creek, Big Bend, Coal Canyon, Blinzic and Wild Yankee Hill.
The governing body of the Tribe shall be the Tribal Council, which shall consist of seven (7) tribal members elected from the General Council. The Tribal Council shall consist of a chairperson, vice-chairperson, secretary, treasurer, and three (3) members, each elected in an election held in accordance with this Constitution.
The General Council shall consist of all members of the Tribe who are eighteen (18) years of age or older. The General Council shall exercise its powers through election of officers, referendum, initiative, amendment and such other powers as may be reserved to it by this Constitution.
The first election under this Constitution shall be held within one hundred eighty (180) days after the date on which this Constitution is adopted. At that election, the Chairperson, Secretary, Treasurer and one (1) Counsel member shall be elected to two (2) year terms while the Vice-Chairperson and two (2) Counsel members shall be elected to one (1) year terms. Thereafter, all terms of office shall be for two (2) years and elections shall be held annually on a staggered basis.
Any enrolled member of the Tribe who is at least eighteen (18) years of age at the time of the election shall be eligible to vote. Any eligible voter of the Tribe who has not been convicted of a felony shall be eligible to serve on the Tribal Counsel.
Any eligible voter of the General Council may announce his/her candidacy for tribal office or membership on the Tribal Council no later than thirty (30) days prior to an election. The list of candidates shall be announced publicly in the regular Tribal Council meeting immediately preceding the election and shall further be posted that same day at the tribal office or such other place or places designated by the General Counsel in an election ordinance. If no person has announced his/her candidacy for a particular office prior to the Tribal Council meeting immediately preceding the election, nomination may be made from the floor at said meeting. In the event that no candidate is nominated for a particular office, the incumbent shall continue to serve therein until the next election. If there is no incumbent, the Tribal Chairperson shall have the power to appoint an eligible voter from the Tribal membership to such vacant office. If the vacant office is that of Tribal Chairperson, the Vice-Chairperson shall serve as Chairperson until the election of a successor.
The candidate receiving the highest number of votes for a particular office shall be elected to that office.
Within ninety (90) days following the approval of this Constitution, the General Council shall elect an Elections Board and enact an election ordinance prescribing procedures for fair elections, absentee balloting, settlement of election disputes, handling of petitions and the conduct of referendum, initiative and recall elections. All elections shall be conducted by secret ballot.
All elections shall be supervised and conducted by an Elections Board composed of five members of the Tribe who are eighteen (18) years of age or older; provided, however, that no member of the Elections Board shall be at the same time a member of the Tribal council or a candidate for any other Tribal office. The Initial terms of office for the three members of the Elections Board who receive the highest votes shall expire two years after the first annual General Council meeting following the Board members' election. The initial term of office for the remaining two Board members would expire one year after the first annual General Council meeting following the remaining Board members' elections. After the terms of the initial members of the Elections Board have expired , the terms of office of all board members shall be three years. At the first General Council meeting following the adoption of this Constitution and at any annual General Council meeting Thereafter, the General Council shall elect the members of the Elections Board. The Secretary of the Tribal Council shall update the Tribal roll and provide the Elections Board with a current and accurate roll within 48 hours of receipt of a written request to do so signed by the Chairperson of the Elections Board. The Board shall maintain a current voter registration list for use in all tribal elections. Said voter registration list shall be available for inspection and copying upon receipt of a fee not to exceed 25 cents per copy by all tribal members.
If a member of the Tribal Council dies or resigns or is absent from three (3) consecutive regular Tribal Council meetings in any twelve (12) month period, the Tribal Council may declare the position vacant. If a member of the Tribal Council shall be convicted by a court of competent jurisdiction of a crime of moral turpitude while in office, or if a Tribal Council member is determined, based upon a preponderance of the evidence adduced at a duly noticed meeting at which that member is given a fair and reasonable opportunity to be heard, to have committed acts which are contrary to the best interests of the Tribe or otherwise to have abused the powers or privileges of his/her office, the Tribal Council may declare the position vacant by a vote of the majority of the members of the Tribal Council then in office, not including the member whose position is the subject of the vote. If fewer than twelve (12) months remain of the officer's term, the Tribal Council shall, by a majority vote, fill the vacancy by appointing an eligible voter from among the Tribal membership to serve the remainder of the term. A special election shall be called to fill the vacated position when twelve (12) or more months remain on an unexpired term.
SECTION 2. Recall
Upon receipt of a petition signed by at least forty (40) percent of the eligible voters of the Tribe setting forth specific reasons for recalling any member(s) of the Tribal Council and demanding the recall of any member(s) of the Tribal Council, the Elections Board shall call a special election on the question of the recall within thirty (30) days from the date of the filing of the valid petition with the Board. The election shall be held in the manner prescribed in the Tribe's election ordinance adopted in accordance with Article IV, Section 5, of this Constitution. The decision of a majority of the voters voting in the recall election shall be final. In order for a vote to be binding at least (30) percent of the eligible voters must have voted in the election. Should the Election Board fail to call an election within thirty days, the position shall be declared vacant and filled in accordance with Article 5 Section 1; and, consistent with the election statute, the Elections Board may be removed by the General Council for failure to comply with the provisions of this Constitution. If removal occurs, the General Council shall elect new Board Members to serve the remainder of the recalled Board member's terms. No recall election shall be held to recall any member(s) of the Tribal Council on the same grounds or for the same reasons that were rejected by the voters within the twelve-month period preceding the submission of the petition therefore.
SECTION 1. Enumerated Powers.
The Tribal Council shall exercise the following powers and responsibilities subject only to those limitations imposed by this Constitution and applicable federal law:
(a.) To negotiate contracts or conclude agreements with Federal, State, local and Tribal governments, private entities and individuals on behalf of the Tribe; to consult with the Department of the Interior on all activities of the Department which might affect the Tribe; and to advise the Secretary of the Interior and other federal officials on all federal projects for the benefit of the Tribe or Rancheria.
SECTION 2. General Powers
The Tribal Council shall have all of the appropriate powers necessary to implement specific provisions of this Constitution and to effectively govern the affairs of the Tribe. All other powers heretofore vested in the Tribe and not specifically referred to in this Constitution, including the waiver of the Tribe's sovereign immunity to unconsented suit, are reserved to the General Council, and may be exercised through initiative, referendum or appropriate amendment to this Constitution.
SECTION 1. Tribal Council Meetings.
(a) Regular Meetings. Regular meetings of the Tribal Council shall be held monthly at a place and time designated by the Tribal Council or at such other times as the Tribal Council shall provide by resolution, provided, however, that once the Tribe acquires tribal trust land and a building on its trust land suitable to hold Tribal Council Meetings, all Tribal Council meetings shall be held on the Tribes Trust land. Within sixty (60) days from the election of the first Tribal Council under this Constitution, the Tribal Council shall enact an ordinance establishing rules of procedure for conducting Tribal Council meetings. The ordinance shall provide that all council meetings shall be open to tribal members, except at times when items that are designated by the Council in the ordinance as being appropriate for executive session are discussed. The ordinance shall also specify when a Council member is disqualified from participating or voting on issues because of conflict of interest.
SECTION 2. General Council Meetings.
(a) Annual Meetings. The General Council shall meet at least annually at a place designated by the Tribal Council upon thirty (30) days written notice to all adult Tribe members.
SECTION1. Tribal Chairperson.
The Chairperson of the Tribal Council shall preside at all meetings of said Council and of the General Council. The Chairperson shall execute on behalf of the Tribe all contracts, leases or other documents approved by the Tribal Council or the General Council
The Chairperson shall have general supervision of all other tribal officers, employees and committees of the Tribal Council, and shall see that their duties are properly performed. Between sessions of the Tribal Council, he/she shall be the official representative of the Tribe.
The Chairperson shall prepare and cause to be posted at at least three public places at least thirty (30) days before a General Council meeting , an agenda for the meeting. The items on the agenda shall include, but not be limited to:
(1) Presentation of the Tribe's annual audit for all tribal enterprises by the Tribe's accountant and/or bookkeeper/financial officer;
SECTION 2. Vice-Chairperson
The Vice-Chairperson of the Tribal Council shall also serve as the Vice-Chairperson of the General Council, and otherwise shall assist the Chairperson when called upon to do so. In the absence or incapacity of the Chairperson, the Vice-Chairperson shall preside over the meetings of the Tribal Council and/or the General Council, and in that capacity shall be entitled to exercise all of the powers and be obligated to discharge all the responsibilities of the Tribal Chairperson.
SECTION 3. Secretary
The Secretary of the Tribal Council shall:
(a.) Call the roll, handle all official correspondence of the Tribal Council, keep and certify the minutes of all regular and special meetings of the Tribal and General Councils, and keep and certify the amendments to this Constitution and the enactment of laws and resolutions;
SECTION 4. Treasurer
The Treasurer of the Tribal Council shall:
(a.) Accept, keep and safeguard all funds under the exclusive control of the Tribe by depositing them in a bank insured by an agency of the federal government as directed by the Tribal Council. The Treasurer shall not pay or otherwise disburse any funds in the custody of the Tribal Council, or allow such funds to be disbursed, except under procedures for such actions that are properly authorized by the Tribal Council;
SECTION 5. Appointed Officers.
The duties of all appointed officers or committees shall be clearly defined by the Tribal Council when and in the enactment by which such officers are appointed. Such officers and/or committees shall report on their activities and decisions as directed by the Tribal Council, and such actions and decisions shall be subject to the review and approval of the Tribal Council.
SECTION 6. Attendance at General Council Meetings.
All members of the Tribal Council shall attend all General Council meetings and report on those items provided by Section 1 of this article Failure of any Council member to attend a General Council meeting, except for illness, the death of a member of the Tribal Council member's immediate family (i.e., spouse, grandparents, parents, uncle, aunts, siblings, first cousins, children or grandchildren ) or the serious illness of a Council member's immediate family, shall be grounds for immediate removal. The removal of a Council Member under this section shall be decided by a majority vote of the members of the General Council in attendance, provided that the quorum requirements of Article VII (2) (c) are met.
SECTION 1. Referendum.
The General Council of the Tribe reserves the power independently to modify any legislation, resolution or policy of the Tribe. Any proposed referendum measure shall be presented to the Tribal Council accompanied by a petition signed by at least thirty percent (30 %) of the qualified voters. The decision of a majority of the voters voting in the referendum shall be final. For referendum vote to be binding at least 30 % of the qualified voters must cast ballots.
Upon receipt of the petition the Secretary shall verify the signatures within fifteen (15) days. Upon verification of such petition, the Tribal Council may enact the proposed amendment. If the Tribal Council fails to enact the amendment within fifteen (15) days from the date of verification of the petition, the Elections Board shall hold a special election for the purpose of allowing the eligible voters of the Tribe to vote on the referendum measure. The election shall be within sixty (60) days after verification of the petition by the Secretary. The results of the referendum election shall be binding, provided that at least (30%) of the eligible voters cast ballots. If the Secretary fails to verify the petition or the Elections Board fails to call the election within the time limits required herein, then, within sixty (60) days from the date that the petition was verified, there shall be a General Council meeting called by the Tribal Chairperson for the purpose of voting on the referendum petition. This General Council meeting must take place no later than one hundred fifty (150) days after the initial presentation of the petition to the Tribal Council.
SECTION 2. Initiative.
The General Council of the Tribe reserves the power independently to propose legislation for the Tribe. Any proposed initiative measure shall be presented to the Tribal Council accompanied by a petition signed by at least thirty percent (30%) of the qualified voters. Upon receipt of the petition the Secretary shall verify the signatures within fifteen (15) days. Upon verification of such a petition by the Secretary, the Tribal Council may enact the proposed legislation. If the Tribal Council fails to enact the proposed legislation within fifteen (15) days from the date of receipt of the petition, the Elections Board shall call a special election for the purpose of allowing the eligible voters of the Tribe to vote on the initiative measure. The election shall be held within sixty (60) days after receipt and verification of the petition by the Secretary. The results of the initiative election shall be binding, provided that at least thirty percent (30%) of the eligible voters cast ballots. If the Secretary fails to verify the petition or the Elections Board fails to call the election required herein, then, within sixty (60) days from the date the petition was verified, there shall be a General Council meeting called by the Tribal Chairperson for the purpose of voting on the referendum petition. This General Council meeting must take place no later than one hundred fifty (150) days after the initial presentation of the petition to the Tribal Council.
SECTION 3. Limitations on Initiative and Referendum.
The Tribal Council shall have the power to decline to call a special election on any proposed initiative or referendum which was rejected by the voters within the twelve-month period preceding the submission of the petition therefore. No initiative or referendum shall be set for election which would void, cancel, abrogate, modify or amend any properly approved contract, agreement or compact to which the Tribe is a party.
SECTION 4. Secretary Removal.
The Secretary's failure to verify an initiative or referendum petition shall be grounds for removing him/her from office.
Neither the Tribal Council nor the General Council shall exercise any power in such a manner as to deprive any person of rights secured by this Constitution or the applicable laws of the United States. 25 U.S.C. 1301 - 1303.
If any provision of this Constitution shall in the future be declared invalid by a court of competent jurisdiction, the invalid provision or provisions shall be severed and the remaining provisions shall continue in full force and effect.
This Constitution may be amended by a majority vote of the eligible voters of the Tribe voting in an election called for that purpose, provided that at least thirty (30) percent of those eligible to vote shall vote in such election.
This Constitution shall be effective when ratified by a majority of the eligible voters of the Tribe voting in a special election in which at least thirty (30) percent of the eligible voters vote.
I hereby certify that this Constitution was ratified on 2000 consistent with the terms of Article XIII of this Constitution and that thirty percent (30%) of the eligible voters entitled to vote did actually vote in the election adopting this Constitution, and that a majority of those who voted, voted in favor of its ratification.