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Constitution of the Mississippi Band of Choctaw Indians
Bylaws of the Mississippi Band of Choctaw
Indians
Revised Constitution and Bylaws of the Mississippi
Band of Choctaw Indians
Preamble
We, the Choctaw Indians, members of the Mississippi
Band of Choctaw Indians, desiring to promote the achievement of self-government
for the Choctaw people do, for our welfare and benefit, hereby adopt and
proclaim the following constitution and by laws.
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Article I - Name
The name of this organization shall be the
Mississippi Band of Choctaw Indians and may hereinafter be referred to
as "the tribe."
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Article II - Jurisdiction
The jurisdiction of the Mississippi Band of
Choctaw Indians shall extend to all lands now held or which may hereafter
be acquired by or for or which may be used under proper authority by the
Mississippi Band of Choctaw Indians, and to all persons who are now or
may hereafter become members of the Mississippi Band of Choctaw Indians.
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Article III - Membership
Sec.1.
The membership of the Mississippi Band of
Choctaw Indians shall consist of:
(a) All Choctaw Indians of one-half (1/2) or more Choctaw
blood, resident in Mississippi January 1, 1940, as shown by the census
roll maintained by the Bureau of Indian Affairs at the Choctaw Agency,
provided that the tribal council shall have the power to revise said rolls,
with the approval of the Secretary of the Interior at any time.
(b) Any child of one-half (1/2) or more Choctaw blood born
to any enrolled member of the band after January 1, 1940, shall be entitled
to membership.
Sec.2.
The tribal council shall have the power to
pass ordinances, subject to the approval of the Secretary of the Interior,
governing future membership, loss of membership, and the adoption of new
members; provided that no person of less than one-half degree of Choctaw
blood shall be admitted to membership in the Mississippi Band of Choctaw
Indians.
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Article IV - Governing Body
Sec.1.
The Mississippi Band of Choctaw Indians shall
be governed by a tribal council and a tribal chief whose powers are enumerated
in Articles VIII and IX herein.
Sec.2.
The tribal council shall consist of elected
representatives from the eight (8) recognized Choctaw communities. Each
community shall be entitled to representation on the tribal council according
to population as is hereinafter provided:
| Bogue Chitto Community |
3 |
| Conehatta Community |
3 |
| Pearl River Community |
3 |
| Red Water Community |
2 |
| Standing Pine Community |
2 |
| Tucker Community |
2 |
| Bogue Homa Community |
1 |
| Crystal Ridge Community |
1 |
Sec.3.
The tribal chief shall be elected by the Choctaw
people at large with each registered voter entitled to one vote.
Sec.4.
The tribal council shall have authority to
make changes in the number of representatives from each community according
to future community needs, community population changes or applicable
Federal law, subject to the approval of the Secretary of the Interior.
Sec.5.
In order to qualify for and seek election
to a seat on the tribal council, a person must:
(a) be an enrolled member of the tribe.
(b) claim residence by registration in the community which
he intends to represent.
(c) be at least 21 years of age.
Sec.6.
In order to qualify for and seek election
to the office of tribal chief, a person must:
(a) be an enrolled member of the tribe.
(b) be at least 30 years of age prior to the date of election.
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Article V - Elections
Sec.1.
Any member of the Mississippi Band of Choctaw
Indians, whether male or female, who is eighteen (18) years of age or
more and registered according to rules set forth by the tribal council,
shall be entitled to vote in any tribal election.
Sec.2.
The tribal council shall prescribe rules and
regulations to govern the conduct of tribal elections consistent with
this constitution and bylaws. All elections shall be by secret ballot.
Sec.3.
The first regular election under this revised
constitution and bylaws shall take place in June 1975. Subsequent thereto,
regular elections shall be held in June of odd-numbered years. The present
tribal council representatives shall remain in office until their successors
are duly elected and seated.
Sec.4.
In all tribal council elections, the person
receiving the largest number of votes for a given position shall be declared
elected.
Sec.5.
For the election of the tribal chief, the
person receiving a majority of the total votes cast for all candidates
shall be declared the tribal chief. In the event that no person receives
a majority of the total votes cast, the two candidates receiving the highest
number of votes shall be paired in a run-off election. This run-off election
shall be held within thirty (30) days of the initial election. Of these
two candidates, the one who receives a majority of the total votes cast
in the run-off election shall be declared the tribal chief.
Sec.6.
The term of office for members of the tribal
council shall be four (4) years and until their successors are duly elected
and seated, consistent with Sec.7 below.
Sec.7.
In the regular tribal council election of
June, 1975, eight (8) council representatives shall be elected for four
(4) year terms and eight (8) council representatives shall be elected
for two (2) year terms, to wit:
|
4 year terms |
2 year terms |
| Bogue Chitto Community |
1 |
2 |
| Conehatta Community |
1 |
2 |
| Pearl River Community |
1 |
2 |
| Red Water Community |
2 |
0 |
| Standing Pine Community |
1 |
1 |
| Tucker Community |
1 |
1 |
| Bogue Homa Community |
1 |
0 |
For the June, 1975, tribal election, the candidate
receiving the most votes in each community will be elected to serve for
a 4-year term, with the other candidate(s) being elected to serve 2-year
term. This provision does not apply to the Red Water and Bogue Homa communities.
Beginning with the regular tribal council
election of June, 1977, and continuing thereafter, all council representatives
shall be elected for four (4) years.
Upon approval of this paragraph by the Secretary of the Interior, a special election shall be held for the elected representative from the Crystal Ridge Community. Thereafter, regular elections for the Crystal Ridge representative shall be held in election years in which there is not a regular election for the election of tribal chief.
Sec.8.
Newly elected members of the tribal council
shall take office at the first regular meeting of the council following
their election.
Sec.9.
The term of office for the tribal chief shall
be four (4) years and until a successor has been elected and seated.
Sec.10.
At the first regular meeting following each
election, the tribal council shall elect, from among the membership of
the council, a vice-chief and a secretary-treasurer with such powers and
duties as are hereinafter enumerated.
These officials shall serve for 2 years or
until their successors are elected and seated.
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Article VI - Vacancies and Removal
From Office
Sec.1.
If a vacancy occurs in the membership of the
tribal council and less than one (1) year remains of the term of the member
who has vacated his position, the tribal chief shall appoint a successor
to such member, who shall serve until his successor is duly elected and
seated at the next regular election. The appointee shall claim residence
in and represent the same community as did the member who vacated his
position.
Sec.2. If a vacancy occurs in the membership of
the tribal council and more than one (1) year remains of the term of the
member who has vacated his position, the tribal chief shall, within sixty
(60) days, cause to be held a special election in the community entitled
to representation for the purpose of filling the vacancy.
Sec.3.
If a vacancy occurs in the office of the tribal
chief and less than one (1) year remains of his term of office, the office
shall automatically be filled by the vice-chief of the tribal council.
Sec.4.
If a vacancy occurs in the office of tribal
chief and more than one (1) year remains of his term of office, the tribal
council shall, within sixty (60) days, cause to be held a special election
in which all qualified voters of the tribe may participate for the purpose
of filling vacancy. The Tribal vice-chief shall serve as tribal chief
during the period of such vacancy until a new tribal chief is elected
and seated.
Sec.5.
If a vacancy occurs in the office of vice-chief
or of the secretary-treasurer of the tribal council, such a vacancy may
be filled by the council by election of one of its members to the office.
Sec.6.
Any member of the tribal government (including
the tribal chief and members of the tribal council) or any employee of
the Mississippi Band of Choctaw Indians, who, during the term for which
he is elected or appointed, is convicted of a felony shall be subject
to removal from his office by action of the tribal council.
Sec.7.
Any of the eight (8) recognized Choctaw communities
represented on the tribal council may petition for the recall of a member
it has elected by presenting, at least six months prior to the expiration
of such member's term of office, a petition signed by at least forty percent
(40%) of the eligible voters in that community. Within sixty (60) days
the tribal council shall cause to be held a special election on the question
of recall. No council member shall be recalled except by the affirmative
vote of a majority of those voting in an election in which at least seventy-five
percent (75%) of the persons eligible to vote shall have voted. Should
the recall be approved by the voters, Article VI, Sections 1 and 2, above,
shall apply.
Sec.8.
The tribal council may remove council officers
from office for cause by two-thirds vote of the council members at a meeting
at which a quorum is present, but can neither terminate nor affect their
status as council members through such action. The tribal council shall
prescribe the methods by which this removal from office may be carried
out.
Sec.9.
The tribal chief may be removed from office
if, at least six months prior to the expiration of his term, a petition
bearing the signatures of at least forty percent (40%) of the registered
voters in the tribe is presented to the tribal council. Within sixty (60)
days of such presentation, the tribal council shall cause to be held a
special election on the question of recall. If a majority of those voting
vote for recall, provisions of Article VI, Section 1 and 2, shall apply,
provided that at least seventy-five percent (75%) of the eligible voters
in the tribe shall have voted.
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Article VII - Community Organizations
The enrolled members of the eight Choctaw
communities shall have the right to form local community organizations
and adopt their own rules and regulations in harmony with this constitution
and bylaws. It shall be the duty of the councilman from each community
to report regularly all the actions and decisions of the tribal council
to the community organizations.
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Article VIII - Powers and Duties
of the Tribal Council
Sec.1.
The legislative power of the Mississippi Band
of Choctaw Indians is vested in the tribal council and shall be exercised
in accordance with this constitution and bylaws and the Constitution and
Laws of the United States applicable to Indian tribes. In addition to
exercising any other lawful legislative power of the Mississippi Band
of Choctaw Indians, the tribal council is empowered:
(a) To negotiate with and to approve or disapprove contracts
or agreements with Federal, State, or local governments, with private
persons, or with corporate bodies.
(b) To approve or disapprove any sale, disposition, lease
or encumbrance of tribal lands, interests inland, tribal funds, or other
tribal assets.
(c) To establish procedures for the conduct of all tribal
government and business operations, including the regulation of conflict
of interest and nepotism.
(d) To advise the Secretary of the Interior with regard
to all appropriation estimates of Federal projects for the benefit of
the Mississippi Band of Choctaw Indians prior to the submission of such
estimates to the Office of Management and Budget and to Congress.
(e) To employ and pay legal counsel, subject to the approval
of the Secretary of the Interior so long as such approval is required
by Federal law.
(f) To appropriate available tribal funds for the benefit
of the tribe or of any of its communities.
(g) To approve or disapprove operating budgets upon submission
by the tribal chief.
(h) To approve or disapprove all allocations or disbursement
of tribal funds (or funds under the control of the tribe) not specifically
appropriated or authorized in a budget approved by the tribal council.
(i) To establish and enforce rules, consistent with applicable
Federal statutes and the regulations of the Secretary of the Interior,
for the management of tribal lands, including, but not limited to, the
making and revocation of assignments, and the disposition of timber, oil,
and mineral resources.
(j) To create, or to provide by ordinance for the creation
of organizations, including public and private corporations, for any lawful
purpose, which may be non-profit or profit-making, and to regulate the
activities of such organizations by ordinance.
(k) To promote and protect the health, peace, morals, education,
and general welfare of the tribe and its members.
(l) To borrow money from any source whatsoever without
limit as to amount, and on such terms and conditions and for such consideration
and periods of time as the tribal council shall determine; to use all
funds thus obtained to promote the welfare and betterment of the tribe
and of its members; to finance tribal enterprises; or to lend money thus
borrowed.
(m) To establish and enforce ordinances governing the conduct
of tribal members; providing for the maintenance of law, order and the
administration of justice; regulating wholesale, retail, commercial, or
industrial activities on tribal lands; establishing a tribal court; and
defining the powers and duties of that court; subject to the approval
of the Secretary of the Interior where such approval is required by Federal
law.
(n) To establish a basic departmental structure for the
tribal government executive branch.
(o) To establish policies relating to tribal economic affairs
and enterprises in accordance with this constitution and bylaws.
(p) To pass any ordinances and resolutions necessary or
incidental to the exercise of any of the foregoing powers and duties.
(q) To do such acts of a governmental and public nature
as are not prohibited by applicable laws or by this constitution and bylaws.
(r) To levy and collect taxes and raise revenue to meet
the needs of the tribe or to support tribal government operations.
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Article IX - Powers and Duties
of the Chief
Sec.1.
The tribal chief of the Mississippi Band of Choctaw Indians
shall have the following executive powers and duties subject to any limitation
imposed by the statutes or the Constitution of the United States or by
this constitution and bylaws:
(a) To serve as the principal executive officer of the
tribe and as head of the executive branch of the tribal government.
(b) To carry out policies established by the tribal council.
(c) To negotiate contracts or agreements with Federal,
State, or local governments, private persons, or corporate bodies and
to submit them to the tribal council for approval.
(d) To manage, administer and direct the operation of tribal
programs, activities, and services and to report to the tribal council
the status of each program at least annually.
(e) To prepare budgets, budget estimates, and financial
reports for submission to or at the direction of the tribal council.
(f) To provide for the proper receipt, deposit, disbursement,
and accounting of all funds (or funds under control of the tribe) consistent
with this constitution and bylaws and such policies as may be established
by the tribal council.
(g) To provide for the protection and maintenance of the
property, equipment, and official records of the tribe.
(h) To provide for enforcement of the rules, regulations,
and ordinances enacted by the tribal council.
(i) To preside over the meeting of the tribal council and
to vote only in case of a tie.
(j) To exercise such additional executive powers as are
necessary or incidental to the performance of the powers and duties enumerated
above, and which are neither specifically denied to the tribal chief herein.
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Article X - Rights of Indians
Sec.1.
The Mississippi Band of Choctaw Indians, in
exercising powers of self-government shall not:
(a) Make or enforce any law prohibiting the free exercise
of religion, or abridging the freedom of speech, or of the press, or of
the right of the people peaceably to assemble and to petition for a redress
of grievances.
(b) Violate the right of the people to be secure in their
persons, houses, papers, and effects against unreasonable search and seizure,
nor issue warrants, but upon probable cause, supported by oath or affirmation,
and particularly describing the place to be searched and the person or
thing to be seized.
(c) Subject any person for the same offense to be twice
put in jeopardy.
(d) Compel any person in any criminal case to be a witness
against himself.
(e) Take any private property for a public use without
just compensation.
(f) Deny to any person in criminal proceeding the right
to a speedy and public trial; to be informed of the nature and cause of
the accusation; to be confronted with the witnesses against him; to have
compulsory process for obtaining witnesses in his favor; and, at his own
expense, to have the assistance of counsel for his defense.
(g) Require excessive bail, impose excessive fines, inflict
cruel and unusual punishment, and in no event impose for conviction of
any one offense any penalty or punishment greater than imprisonment for
a term of six months or a fine of $500, or both.
(h) Deny to any persons within its jurisdiction the equal
protection of its laws or deprive any person of liberty or property without
due process of law.
(i) Pass any bill of attainder or ex post facto law.
(j) Deny to any person accused of an offense punishable
by imprisonment, the right, upon request, to a trial by jury of not less
than six persons.
Sec.2.
The privilege of the writ of habeas corpus
shall be available to any person, in a court of the United States, to
test the legality of his detention by order of the tribal court.
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Article XI - Initiative and
Referendum
Sec.1.
The members of the tribe reserve to themselves
the power to propose ordinances and resolution and to enact or reject
the same at the polls independent of the tribal council, but subject to
approval of the Secretary of the Interior as required by this constitution
and bylaws. The members of the tribe also reserve power at their own option
to approve or reject at the polls any act of the tribal council.
Sec.2.
The first power reserved by the members of
the tribe is the initiative. Thirty percent (30%) of the registered voters
shall have the right by petition to propose amendment to this constitution
and bylaws and to propose ordinances and resolutions.
The second power is the referendum which shall
be ordered upon a petition signed by thirty percent (30%) of the registered
voters.
Sec.3.
Upon receipt of a request for an election
in the form of an initiative or referendum petition, the tribal chief
shall, after ascertaining that a sufficient number of registered voters
have signed, cause to be held an election on the question or issue within
sixty (60) days of receipt of said petition; provided, however, that an
election on a constitutional amendment must be called by the Secretary
of the Interior as provided in Article XIII. Thirty percent (30%) of the
registered voters shall constitute a sufficient number of voters under
this section.
Sec.4.
Any measures referred to the tribe by the
initiative or by the referendum shall take effect and be in force when
approval by a majority of the votes cast in such election in which at
least forty percent (40%) of the registered voters have voted, except
that measures requiring approval of the Secretary of the Interior shall
not be effective until approved by him.
Sec.5.
All measures referred to the tribe for approval
or disapproval by election shall begin with the words: "Be It Enacted
by the Members of the Mississippi Band of Choctaw Indians."
Sec.6.
Referendum or initiative petitions filed under
Article XI must be submitted under a cover letter signed by at least three
(3) sponsors who are members of the tribe and who are registered to vote
in tribal elections. Said cover letter must be signed by the sponsors
in the presence of a registered notary public and said petitions must
be filed in accordance with a procedure to be established by the tribal
council.
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Article XII - Repeal and Saving
Clause
Sec.1.
The constitution and bylaws of the Mississippi
Band of Choctaw Indians approved May 22, 1945, and revised in November
28, 1969, under the provision of the Act of June 18, 1934, as amended,
is hereby repealed and superseded by this constitution.
Sec.2.
All ordinances and resolutions heretofore
enacted by the Mississippi Band of Choctaw Indians shall remain in full
force and effect to the extent that they are consistent with this constitution.
Sec.3.
In the event any sentence, paragraph or section
of this constitution and bylaws shall be held unconstitutional or invalid
by a Federal court of competent jurisdiction, the remaining sentences,
paragraphs or sections shall remain valid and be presumed consistent with
the United States Constitution.
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Article XIII - Amendments
This constitution and bylaws may be amended
by a majority vote of the qualified voters of the tribe voting at an election
called for that purpose by the Secretary of the Interior, provided that
at least forty percent (40%) of those entitled to vote shall vote in such
election; but no amendment shall become effective until it shall have
been approved by Secretary of the Interior. It shall be the duty of the
Secretary of the Interior to call an election on any proposed amendment
when requested by a sufficient number of qualified voters as provided
in Article XI or by the tribal council.
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Bylaws of the Mississippi Band of Choctaw Indians
Article I - Duties of Tribal
Council Officers
Sec.1.
The vice-chief of the tribal council shall
assist the tribal chief when called upon to do so by the chief and, in
the absence of the tribal chief, it shall be his duty and responsibility
to preside over tribal council meetings.
Sec.2.
The secretary-treasurer of the tribal council
shall insure that an accurate record of all transactions of the council
is maintained. He shall submit promptly, to the Superintendent of the
Choctaw Agency, copies of the minutes, resolutions adopted, and ordinances
passed at all regular and special meetings of the tribal council as required
by the Secretary of the Interior.
Sec.3.
The secretary-treasurer of the tribal council
shall cause to be audited all tribal funds and accounts at least once
each year and at such other times as required by the tribal council or
by the Secretary of the Interior and shall sign and approve all disbursements
of tribal funds (or funds under control of the tribe); he shall also sign
and approve all contracts negotiated by the tribal chief on behalf of
the tribe unless otherwise provided by the tribal council.
Sec.4.
The secretary-treasurer of the tribal council,
and such other officers and employees of the tribe who are responsible
for safeguarding tribal resources, shall be bonded and the cost of such
bond shall be borne by the tribe. The amount of the bond shall be determined
by the tribal council as required by the Secretary of the Interior.
Sec.5.
The secretary-treasurer of the tribal council,
by reason of his office, shall preside over such committees as are established
by the tribal council on budgetary and financial matters.
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Article II - Meetings
Sec.1.
The tribal council shall hold regular meetings
on the second Tuesday in January, April, July, and October of each year.
Special meetings of the tribal council
(a) may be called by the tribal chief when in his judgment
they are required.
(b) shall be called by the tribal chief at the written request
of at least nine (9) members of the tribal council or a majority of the
council membership, whichever is higher.
The business of special meetings shall be
limited to the matters specified in the call.
Sec.2.
A majority of the members of the tribal council
shall constitute a quorum for the transaction of any tribal business.
Sec.3.
The tribal council in the conduct of its business
shall be governed by Robert's Rules of Order.
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Article III - Adoption
This constitution and bylaws, when adopted
by a majority vote of the enrolled members of the Mississippi Band of
Choctaw Indians voting in a special election called for that purpose by
the Secretary of the Interior and in which at least thirty percent (30%)
of those persons entitled to vote shall have voted, shall be submitted
to the Secretary of the Interior for his approval. The date of such approval
shall be the effective date of this constitution and bylaws.
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