THE CONFEDERATED TRIBES OF THE CHEHALIS RESERVATION
CONSTITUTION AND BYLAWS
CHEHALIS TRIBE
CONSTITUTION & BYLAWS
TABLE OF CONTENTS
Article V Powers and Duties of the Chehalis Business Committee
Article VI Vacancies and Removal From Office
Article II Time and Place of Meetings and Procedure
Article III Ratification of Constitution and Bylaws
CONSTITUTION AND BYLAWS
OF THE CONFEDERATED TRIBES
OF THE CHEHALIS RESERVATION
PREAMBLE
We, the Indians of the Chehalis Reservation in the State of Washington, in order to continue the formal community organization established in 1939 by the adoption and approval of our original constitution and bylaws, do hereby establish this version of a constitution and bylaws to handle our reservation affairs and improve the economic condition of ourselves and our posterity.
ARTICLE I – PURPOSE
Our purpose shall be to promote and protect the interests of the Chehalis Indians and to maintain cooperative relations with the Bureau of Indian Affairs and other Federal agencies, and to cooperate with State and local governments.
ARTICLE II – NAME AND TERRITORY
Section 1.
The name of the organized body shall be the Confederated Tribes of the Chehalis Reservation.
Section 2.
The jurisdiction of the Confederated Tribes of the Chehalis Reservation shall extend to the territory within the present boundaries of the Chehalis Indian Reservation as established by Executive Order of July 8, 1864, and to such other lands without such boundaries as may hereafter be added thereto under any law of the United States, except as otherwise provided by law. However, nothing in this article shall be construed as restricting the hunting and fishing rights of members, including the right to take fish in usual and accustomed places as provided by treaty or executive order.
ARTICLE III – MEMBERSHIP
Section 1.
The membership of the Confederated Tribes of the Chehalis Reservation shall consist of the following:
(a) All persons of Indian blood whose names appear upon the official census roll of the reservation as of January 1,1939, and all persons who were original allottees of land within the boundaries of the Chehalis Indian Reservation as established by the Executive Order of July 8,1864, and their lineal descendants who are living on the date of the adoption of this constitution and bylaws.
(b) All children born after the approval of this constitution to any member of the Confederated Tribes of the Chehalis Reservation who possess one-fourth (l/4) degree of Indian blood or more.
Section 2.
No persons shall be enrolled if they are members of any other recognized tribe, band, or Indian community.
Section 3.
Corrections may be made in the tribal membership roll by the community council, subject to the approval of the Commissioner of Indian Affairs.
Section 4.
The community council may pass ordinances governing the adoption of members which shall be subject to the approval of the Commissioner of Indian Affairs.
ARTICLE IV – GOVERNING BODY
Section 1.
The governing body of the Confederated Tribes of the Chehalis Reservation shall be the Chehalis Business Committee, consisting of a chairman, vice-chairman, secretary, treasurer, and one member, elected by the eligible voters of the tribe.
Section 2. Elections.
Members of the business committee shall be elected for a period of two (2) years with the following exception: Within sixty (60) days after this constitution and bylaws is ratified and approved, the eligible voters shall meet to elect the members of the Chehalis Business Committee, who shall serve until the next annual meeting. Thereafter, members of the business committee shall be elected every two (2) years at an annual meeting.
Section 3.
Elections shall be by secret ballot and in accordance with election regulations established by ordinance of the Chehalis Business Committee.
Section 4. Community Council.
Enrolled members of the Confederated Tribes of the Chehalis Reservation eighteen (18) years of age or older shall constitute the Chehalis Community Council. They shall be eligible to vote in all elections. They may hold tribal office, provided they are twenty-one (21) years of age or older.
ARTICLE V – POWERS AND DUTIES OF THE CHEHALIS BUSINESS COMMITTEE
Section 1.
The Chehalis Business Committee shall have the following powers and duties subject to any limitations imposed by applicable statutes of the United States and the regulations of the Commissioner of Indian Affairs.
(a) To negotiate with Federal, State, and local governments and others on behalf of the tribes and to advise and consult with representatives of the United States Government on all activities which may affect the tribes.
(b) To-acquire, manage, lease, use, and contract all tribal real property and other tribal assets, together with all improvements which may be acquired by the tribes from the United States Government or elsewhere, with the approval of the Commissioner of Indian Affairs wherever required by Federal law.
(c) To prevent the sale, disposition, lease, or encumbrance of tribal lands, interest in lands, or other tribal assets, without the consent of the tribes.
(d) To employ legal counsel, the choice of counsel and fixing of fees to be subject to the approval of the Commissioner of Indian Affairs, as long as such approval is required by Federal law.
(e) To administer any funds within the control of the tribes and to make expenditures of available funds for tribal purposes in accordance with a budget approved by the Chehalis Business Committee. All expenditures of the tribal funds under control of the business committee shall be made only by resolution duly approved by the business committee in regular or special meetings, and the amount so expended shall be a matter of record available to all tribal members and the Bureau of Indian Affairs at all reasonable times.
(f) To determine its own rules of procedure.
(g) To promulgate and enforce ordinances which shall be subject to approval by the Commissioner of Indian Affairs governing the conduct of members of the Confederated Tribes of the Chehalis Reservation regarding hunting and fishing.
(h) To promulgate and enforce ordinances subject to approval by the Commissioner of Indian Affairs, which would provide for assessments or license fees upon non-members doing business within the reservation, or obtaining special rights or privileges, and the same may be applied to members of the tribes.
(i) To take such actions as are necessary to carry into effect any of the foregoing powers and duties.
ARTICLE VI – VACANCIES AND REMOVAL FROM OFFICE
Section 1. Vacancies.
If a member of the Chehalis Business Committee or other official shall die, resign, be removed from office, or be found guilty while in office of a felony or misdemeanor involving dishonesty in any Indian, State or Federal Court, the business committee shall declare the position vacant and shall appoint a successor to fill the unexpired term.
Section 2. Removal.
The community council, by majority vote, may remove any member of the Chehalis Business Committee or other official for neglect of duty or gross misconduct. However, such member or official shall be given a written statement of the charges against him at least ten (10) days before the meeting of the community council before which he is to appear and shall be given an opportunity to answer any and all charges at the meeting before a vote is taken in the matter.
ARTICLE VII – REFERENDUM
Upon receipt of a petition signed by at least twenty-five percent (25%) of the eligible voters of the Chehalis Community Council, or upon written request of the majority of the Chehalis Business Committee, the Chairman shall call a meeting of the community council within fifteen (15) days from the date the petition or request is received, to vote on any proposed or enacted ordinance or resolution, except that the community council may not repeal or amend any contract or agreement approved by the Chehalis Business Committee which is already in effect. Any action by the Chehalis Community Council on a proposed or enacted ordinance or resolution shall require a majority vote of the eligible voters attending the meeting, provided at least twenty-five percent (25%) of the eligible voters of the community council shall have voted.
ARTICLE VIII – BILL OF RIGHTS
All members of the Chehalis Tribes shall have equal rights under tribal law. No member shall be denied any of the rights or guarantees enjoyed by non-Indian citizens under the Constitution and Statutes of the United States, including, but not limited to, freedom of religion and conscience, freedom of speech, the right to orderly association or assembly, the right to petition for action or redress of grievances, and due process of law. The protections guaranteed by Title II of the Indian Civil Rights Act of 1968 (82 Stat. 77) shall apply to members of the Confederated Tribes of the Chehalis Reservation.
ARTICLE IX – AMENDMENTS
The Commissioner of Indian Affairs shall authorize an election to amend this constitution and bylaws upon written request submitted by at least three (3) members of the Chehalis Business Committee or upon receipt of a petition signed by at least twenty-five percent (25%) of the eligible voters. Any proposed amendments shall be adopted and approved in the same manner as this constitution and bylaws.
BYLAWS
ARTICLE I – DUTIES OF OFFICERS
Section 1. Chairman.
The chairman of the business committee shall preside over all business committee and community council meetings. He shall perform all duties of the chairman, shall carry out orders of the business committee, and shall exercise any authority delegated to him by the community council. He shall vote only in the case of a tie.
Section 2. Vice-Chairman.
The vice-chairman shall assist the chairman when called upon to do so. In the absence of the chairman, he shall preside, and when so presiding, shall have all the rights, privileges and duties, as well as the responsibilities, of the chairman.
Section 3. Secretary.
The secretary shall prepare all correspondence and keep a complete and accurate record of all matters transacted at council and committee meetings. It shall be the secretary’s duty to submit promptly to the Superintendent or Officer in Charge of the Agency exercising jurisdiction, copies of all minutes of regular and special meetings of the business committee and the community council.
Section 4. Treasurer.
The treasurer shall be the custodian of all monies which may come into the control of the community council. he shall pay out money in accordance with ordinances and resolutions of the business committee. He shall keep an account of all receipts and disbursements, and shall report same to the business committee at each regular meeting. He shall be bonded in such an amount as the business committee may provide by resolution, and which is approved by the Commissioner of Indian Affairs, the cost of said bond to be paid by the tribes. The books of the treasurer shall be subject to audit or inspection at the direction of the business committee or the Commissioner of Indian Affairs. Until the treasurer is bonded, the business committee may make such provision for the custody and disbursement of funds as shall guarantee their safe and proper disbursement and use.
Section 5. Appointive Officers.
The duties of all appointive committees and officers shall be clearly defined by resolution. Such committees or officers shall report to the business committee and the community council, as requested and their activities and decisions shall be subject to review by the business committee.
ARTICLE II – TIME AND PLACE OF MEETINGS AND PROCEDURE
Section 1.
Regular meetings of the Chehalis Business Committee shall be held monthly, the date, time, and place to be set by resolution of the business committee. Special meetings of the business committee may be called by the chairman or four (4) members of the business committee, either in writing or by verbal notice.
Section 2. Annual Meetings.
There shall be an annual meeting of the Chehalis Community Council, to be held in November of each year, the day, time, and place to be determined by the Chehalis Business Committee. Special meetings of the community council may be called by the business committee, or by petition signed by twenty-five percent (25%) of the eligible voters.
Section 3. Notice of Meetings.
Written notice of regular and special meetings of the community council shall be sent to eligible voters at least ten (10) days in advance of each meeting.
Section 4. Quorum.
No business at business committee or community council meetings shall be transacted unless a quorum is present. A quorum of the business committee shall consist of four (4) members. A quorum of the community council shall consist of fifteen (15) eligible voters.
Section 5. Order of Business.
The order of business shall be established by resolution of the Chehalis Business Committee.
ARTICLE III – RATIFICATION OF CONSTITUTION AND BYLAWS
This constitution and bylaws shall be in full force and effect when two-thirds (2/3) of the eligible voters who vote in an election called for that purpose by the Commissioner of Indian Affairs ratify the constitution and bylaws provided a majority of the eligible voters cast their vote, and after the ratified constitution and bylaws is approved by the Commissioner of Indian Affair. Upon the effective date of the constitution and bylaws, the original constitution and bylaws adopted on July 15, 1939, and approved by the Commissioner of Indian Affairs on August 22, 1939, is hereby expressly revoked.
(Adopted Apr. 16, 1973 pursuant to an election authorized by the Assistant Secretary of the Interior, December 20, 1972.)