Proposed Constitution 10 2' 2001
LUMBEE TRIBE OF NORTH CAROLINA
CONSTITUTION
PREAMBLE. In accordance with the inherent power of self-governance
of the Lumbee Tribe of North Carolina (Tribe), the Tribe adopts this Constitution
for the purposes of establishing a tnbal government structure, prcscrv ing
for all time the Lunibee way of life and cormii"nil>. promoting the educational,
cultural, social and economic well-being of l.umbee people, and securing
justice and freedom for the l.umbee people
Article I. Territory and Jurisdiction.
1 The territory of the Lunibee Tribe of North Carolina shall include the
State of North Carolina.
2 The Tribe s lunsdietion shall extend to the fullest extend possible under
Federal law to
a) all emolled members of the Tribe, without regard to loeatiotror
residence, and
b) all persons, property, and activities located or taking place upon the
Tribe's territory
Article 11. Membership
1 The general membership of the Tribe shall consist of those persons w ho
apply for enrollment and demonstrate direct descent from a person listed on
Source Documents, which are listed on Exhibit A to this Constitution and
incorporated herein by reference, and who maintain contact w ith the Tribe
2. Notwithstanding eligibility otherwise, no person's application for
enrollment shall be accepted if the applicant has not historically or does not
presently maintain contact w ith the Tribe Enrolled members may be disenrolled
for failure to maintain contact with the Tribe, in accordance with a tubal
ordinance adopted under this Constitution
3 Notwithstanding eligibility otherwise, no person's application for
enrollment shall be accepted if the applicant is an enrolled member of any other
Indian tribe, unless the applicant has relinquished in writing his or her
membership in such tribe.
4. The voting general membership shall consist of those members of the
Tribe who are eighteen (18) and older and who are registered voters in
accordance w ith duly adopted tribal ordinance! s)
5 The tribal council shall have authority to enact such tribal ordinances
governing tribal membership as are consistent with this and other articles of this
constitution, provided that no individual shall be eligible for adoption into the
Tribe unless such individual can demonstrate Lumbee or other Indian ancestry.
Article 1H. Distribution of powers.
1 The powers expressed herein and those powers necessary and proper to
the exercise of those powers expressed herein are delegated to the specified
branch of government by the general membership of the Lumbee Tribe of North
Carolina. Those powers not delegated herein are reserved by the general
membership of the Tribe.
2 The members of the Tribe shall be secure in their persons and property
and such security shall be preserved by the government created by this
constitution
3 The powers delegated to the legislative, executive, and judicial branches,
except as expressly provided in this Constitution,.shal! be separate and distinct
and no branch shall exercise the powers delegated herein to another branch,
except for the office of vice-chairman.
Article IV. RecalL
1 The power to recall any elected official of the Lumbee Tribe of North
Carolina who is in the second calendar year or later in his or her term is
specifically reserved for the general membership of the Tribe
2. A recall election shall be held when a petition bearing the signatures,
names, addresses, and enrollment numbers of at least ten (10) percent of
eligible voters who voted m the election from the district electing a tribal
official or ten (10) percent of eligible voters who voted in the election for the
tnbal chairperson, alleging in one hundred (100) words or less that the tnbal
official is guilty of malfeasance in office, gross disregard for tribal law or
custom, or open abuse of authority, and designating three signatories as a
Petitioner's Committee, is filed with the Tribal Elections Board.
3. Upon certification of the signatures on and grounds stated in the petitioin
and within no more than five (5) days of its receipt, the Election Board shall:
i). serve a copy of the petitionupon the named tribal official, who shall
have fifteen (15) days from the date of said notice to respond to the reasons
stated in the petition in one hundred (100) words or less;
ii). immediately upon receipt of any response, serve all members of the
Petitioner's Committee with a copy of the same;
iii). allow the Petitioner's Committee forty-five (45) days from the date ofreceipt
of the response to collect additional signatures upon their petition;
iv). conduct a recall election within ten (10) days of the resubmission of the
petition, provided that the petition is signed by twenty (20) percent of the voters
who voted in the election for the recalled tribal official:
4. If at least thirty (30) percent of the voters who voted in the election for
the recalled official vote and a majority of those voting vote in favor of recall,
the Election Board shall declare the office vacant and the vacancy shall be filled
in accordance with the appropnate provisions of this constitution, except that
the recalled tribal official shall not be qualified to run for office in that special
election.
5. If a recall election on a tribal official fails to obtain a majority of those
voting, the Election Board shall not certify- any recall petition against that tribal
official for a minimum of one year thereafter.
Article V. Initiative.
1. The power to initiate a vote on a tribal ordinance is specifically reserved
for the general membership of the Lumbee Tribe of North Carolina.
2 A minimum of ten (10) percent of the eligible voters may initiate
* consideration of a proposed tribal ordinance by submitting to the Tribal
Elections Board a petition bearing the following:
i). their signatures, names, addresses, and enrollment numbers:
ii) the terms of the proposed tribal ordinance, and
iii). the designation of three signatories as a Petitioner's Committee.
3. Upon certification of the signatures on the petition and within no more
than five (5) days of its receipt, the Tribal Elections Board shall serve a copy
of the petition bearing the proposed tribal ordinance upon the tribal council,
which shall take the proposed tribal ordinance under consideration and take a
vote thereon at its next regularly scheduled meeting, but no more than thirty
(30) days after its receipt from the Tribal Election Board
4 The Tribal Elections Board shall notify- all members of the Petitioner's
Committee of the tribal council's action on the proposed tribal ordinance within
five (5) days of such action
5. If the proposed ordinance is not enacted or is enacted with substantive
changes, the Petitioner's Committee shall have thirty (30) days from their
receipt of notice of tribal council action to collect additional signatures upon
their petition proposing a tribal ordinance
6. The Tribal Elections Board shall conduct an election upon the proposed
tribal ordinance within ten (10) days of the resubmission of the petition
proposing the tribal ordinance, provided that the petition is signed by twenty
(20) percent of eligible voters
7. If at least thirty (30) percent of the eligible voters participate in the
initiative election and a majority of those voting vote in favor of the proposed
ordinance, the Tribal Election Board shall declare the ordinance duly enacted
law of the l.umbee Tribe of North Carolina
Article VI. Referendum.
1 The power to conduct a referendum on any tribal ordinance adopted by
thc Tribal Council is specifically reserved for the general membership of the
l.umbee Tribe of North Carolina
2. A minimum of ten (10) percent of the eligible voters may initiate a
referendum by submitting to the Tribal Elections Board a petition bearing the
following:
it their signatures, names, a J Ji esses, and enrollment numbers.
lit the terms of the challenged tubal ordinance adopted b\ the Tubal
Council, and
in) ihc designation of three signatories as a Petitioner's Committee
3 Upon certification of the signatures of the petition and within no more
than five tS) davs of its receipt, the Tribal Flections Hoard shall serve a copv
of the petition bearing the challenged tribal ordinance upon the Tribal Council
which shall reconsider its adoption of the challenged ordinance and lake a vote
thctcon ai its next rcgulatlv scheduled meeting, but no more than thirrv i 3l>)
davs allet tcs receipt tiom the Tribal Flections Hoard
4 The Tribal Elections Hoard shall notify all members of the 1'etiLionel s
Committee of the Tribal Council s action on the challenged tribal ordinance
within live (5) day s of such action
5 If the challenged tribal ordinance is not rescinded or substantively altered
by the Tribal Council, the Petitioner's Committee shall have thirty 130) days
from their receipt of notice of Tribal Council action to collect additional
signatures upon their petition for u referendum on the challenged tribal
ordinance
b The Tribal Flections Hoard shall conduct a referendum upon the
challenged tribal ordinance w ithin ten (10) days of the resubmission of the
petition seeking a referendum on the challenged ordinance, prov ided that the
petition is signed by twenty (20) percent of eligible voters.
7 If at least thirty (30) percent of the eligible voters participate in the
referendum election and a majority of those voting vote in favor of rescinding
the challenged ordinance, the Tribal Flections Hoard shall declare the ordinance
rescinded
Article VII. Tribal Council.
1 The legislative power to enact ordinances of the Lumbee Tribe of North
Carolina shall reside in the Tribal Council Such legislative power shall
include:
a) the enactment of annual tribal budgets, provided that budgets shall be
enacted into tribal law following the conduct of tribal hearing(s) on budgets
proposed by the Tribal Chairperson:
b) the adoption of rules and regulations governing the Tribal Council's
procedure and decorum, consistent with the provisions of this Constitution , and
c). the confirmation of either employment or dismissal of a Tribal Administrator.
2. l-xcept as otherwise provided, members of the council shall serve three
(3) year terms and no council member can serve more than two consecutive
terms The privilege to run for election to the tribal council shall be limited to
those members of the Lumbee Tribe of North Carolina who at the commencement
of the term of office for which the member stands for election:
a), are over the age of twenty-one (21V.
b). have maintained their principal place of residence in the particular
council district lor which the members stand for election no less than the
preceding one (1) year:
c). the Tribal Council shall have authority to enact an ordinance governing
disqualification from tribal council office due to felony conviction.
3 The council shall consist of twenty-one (21) members who shall be
elected from districts within Lumbee territory. These districts shall have
boundaries as drawn in accordance with the provisions of Article XII, section
3, below, which boundaries shall be redrawn w ithin one (1) year following the
publication of each decennial federal census to maintain equal representation
for each tribal member
4. The council members shall elect from their members the following
officers:
a), a speaker, who shall preside over council meetings:
b). a vice-chairman, who shall preside over council meetings in the absence
of the speaker and who is willing and qualified to serve as chairman in the event
that becomes necessary: ,
c). a secretary, who shall oversee the maintenance of all records of
proceedings of the council and tribal ordinances; and
d). a treasurer, who shall oversee council proceedings to prepare annual
tribal budgets
5. All proceedings of the Tribal Council shall be conducted in public
session, except for proceedings certified in advance by the speaker as implicating
privacy rights of a tribal employee or member. No proceedings of the Tribal
Council shall take place in the absence of a quorum which shall constitute twothirds
(2/3) of the sitting council members and all decisions of the tribal council
shall require an affirmative vote of the majority of present council members,
except that a veto override shall require two-thirds (2/3) vote.
6. No ordinance enacted by the Tribal Council shall be binding and effective
until such ordinance has been posted in a place reserved for this purpose at the
offices of the Tribal Council for a period of thirty (30) calendar days following
its enactment, provided that such ordinance vvas not certified for referendum
by the Tribal Chairperson in accordance with Article VIII, section 1 (b) within
that period. The Tribal Council shall periodically publish in a newspaper of
general distribution in Lumbee territory a calendar of proceedings showing all
council actions taken and the address and phone number where copies of
ordinances are available
7. Any council member who is absent from three consecutive regularlyscheduled
meetings of the council shall be removed from office; provided that
such absences are unexcused in accordance with a governing tribal ordinance
A vacancy in a Tribal Council seat will also occur automatically upon the death
of a Tribal Council member or the occurrence during that member's term of any
circumstance listed above in section 2 that would have disqualified the member
from serving upon the Tribal Council. Vacancies in Tribal Council seats shall
be filled as follows:
a). If a Tribal Council seat becomes vacant for any reason and one calendar
year or less remains in the term of the v acant seat, then
i). Ihc Tribal Council shall schedule, advertise and conduct a public hearing
in the district with the vacant seat for the purpose of receiving nominations from
district residents to fill the vacancy, then elect as council member for the vacant
seat from among those individuals nominated at the public hearing by a 2/3 vote
of the Tribal Council:
ii). if no candidate described in (a)i above is nominated or qualified to serve,
the Tribal Council shall appoint a person who would be qualified to stand for
election to that scat to serve the remainder of the term
b). If a Tribal Council seat becomes vacant for any reason and more than
one calendar year remains in the term of the vacant seat, then:
i). a special election shall be conducted to fill the vacancy, and
h) the newly elected council member shall serve out the remainder the
vacated term
Article VIII. Tribal Chairperson.
1 All executive powers, including implementation of and compliance w ith
annual budgets, of the Lumbee Tribe of North Carolina shall reside in a Tribal
Chairperson, who shall cause all laws of the Tribe to be faithfully executed.
Specifically, the Tribal Chairperson shall
a) deliver to the general membership an annual State of the Tribe address
during the first week of July, which address shall include a proposed budget for
the upcoming fiscal year:
b). within ten (10) days of its passage by the Tribal Council, certify for
referendum by the general voting membership any tribal ordinance that affects
fundamental rights or interests of the Lumbee Tribe of North Carolina Any
ordinance imposing a tax or authorizing gaming in Lumbee territory shall be
deemed to affect fundamental rights or interests of the Tribe No ordinance
certified as requiring a referendum shall be effective unless and until such
ordinance is approved by a majority of those voting in the referendum, such
referendum to be conducted in accordance with Article V of the Constitution:
e) have uuthoritv u> \elo am ordinance enacted bv the Tribal Council
di shall nominate a Tribal Administrator subieci to confirmation by the
Tribal Council 01 its designee tsl the I tibal Administrator can be remo\ed by
the same pioeess.
e) represent the l.uinbee Tube ol Nonh Carolina before all other
governments and tribunals, including the United States, the State ol North
Carolina, and all federal and state agencies
2 The Tribal Chairperson shall be elected bv the voting general membership
for a term of three t 3 t vears and shall not sen e more than two consecutive
terms The pnvilcgc to run lot the olliec ol 11 ibal C haiipetson shall be limited
ti> those tribal members who at the commencement ol the term
a) are thirty-live tJ5) veai s age 01 mote.
bt hav e maintained Ins ot hci principal place ol residence ill territory ol
the Tribe for the preceding one tl i year.
el the Tribal Council shall have authority to enact a tubal ordinance
governing disqualification from olliec ol Iribal Chairperson due to felony
conviction
3 A v acuncv shall occur 111 the office of Tribal Chairperson upon the death
ol' the chairperson 01 the occurrence during that chairperson s term of any
circumstance listed above in section 2 that would have disqualified the
chairperson from running for office Vacancies in the office of Tribal
Chairperson shall be tilled as follows
a) If a vacancy occurs in the office of Tribal Chairperson with one calendar
vear or less remaining in the term of office, then the tribal Vice-Chairperson
shall serve out the term, prov ided that the Vice-Chairperson would be otherwise
qualified to tun for the office of Tribal Chairman
b) If the vacancy occurs in the office of Tribal Chairperson with more than
one calendar year remaining the term of office, then a special election shall be
conducted and the newly elected Tribal Chairperson shall serve out the
remainder of the vacated term
Article IX. Judiciary.
1 The tudicial power of the Lumbee Tribe of North Carolina shall reside
in the Supreme Court of the Lumbee Constitution and such inferior courts as
the Tribal Council may establish The Supreme Court ol the Lumbee
Constitution shall have original jurisdiction over all cases and controversies
arising under the Lumbee Constitution and all ordinances of the Lumbee Tribe
of North Carolina In the event the Tribal Council establishes inferior courts,
the Supreme Court of the Lumbee Constitution shall have appellate jurisdiction
only over those cases and controversies arising under tribal ordinances
2 The rule of law to be applied in the Supreme Court of the Lumbee
Constitution in all cases and controversies within its original jurisdiction shall
be the will of the Lumbee people as expressed in the Lumbee Constitution, duly
adopted tribal ordinances, and Lumbee custom In the absence of a governing
rule of law from these sources, the governing rule shall be federal common law.
3. The Supreme Court of the Lumbee Constitution shall consist of five
sitting judges, who shall serve five-year terms: no judge may serve two
consecutive terms These judges shall have the qualifications and be selected
as set out below:
a), the qualifications for Tribal Chairperson specified in Article V, section
2, shall apply to judges of the Supreme Court of the Lumbee Constitution,
except that the minimum age of judges shall be thirty-five
b) at all limes, two of the sitting judges shall be graduates of accredited lawschools
and three shall be lay people;
c). for the initial appointments to the Court, the Tribal Chairman shall
nominate ten qualified candidates, from whom the Tribal Council shall appoint
fiv e By some method of chance, one of the initial appointees shall serve a one
year term, one a two year term, one a three year term, one a four year, and one
a five year term. Thereafter, each appointed judge shall serve a five-year term
In making nominations and appointments, the Tribal Chairperson and Tribal
Council shall to the greatest extent possible select candidates who reside in
different areas or communities of the Lumbee territory.
4 There shall be a Chief Judge of the Supreme Court of the Lumbee
Constitution who shall bear administrative responsibilities for the conduct of
the court's business and who shall be elected on an annual basis by the sitting
judges.
Article X. Elections Board.
1 There shall be an independent Tribal Elections Board of the Lumbee
Tribe of North Carolina, which shall have'the following authority:
a), to promulgate necessary and appropriate regulations under authority of
this constitution and tribal ordinances governing voter registration and the
conduct of all regular and special tribal elections;
b). to conduct all recall, initiative, and referendum proceedings: and
t ' .
c). any other matters specified herein or authorized by tribal ordinance.
2 The Tribal Elections Board shall consist of five (5) enrolled members
over the age of eighteen (18) appointed by the Tribal Council. For purposes
of this appointment, the council members shall be divided as equally as possible
into five (5) appointing committees by some method of chance Each of the five
appointing committees shall appoint one Elections Board member. The Board
members shall serve six-year terms and may not serve consecutive terms.
3. Any matter decided or certified by the Tribal Elections Board shall be
deemed final tribal action and shall be reviewable by the Supreme Court of the
Lumbee Constitution
Article XL Duty of Loyalty.
1 Every elected and appointed tribal official empowered herein shall affirm
upon taking office that he or she will abide by this Constitution and laws of the
Lumbee Tribe of North Carolina and will, to the best of his or her ability,
perform his or her duties with undiv ided loyalty to the Lumbee Tribe of North
Carolina.
2 The first Tribal Council elected under this Constitution shall adopt an
ordinance proscribing conflicts of interests in the performance of duties byelected
and appointed tribal officials, which ordinance shall require a tribal
official to recuse him or herself from any decision or vote affecting his or her
pecuniary interest or a family member
Article XII. Adoption.
1 A referendum on the adoption of this Constitution shall be conducted
among the enrolled members of the Lumbee Tribe of North Carolina aged
eighteen (18) and abov e on November 6, 2001
2 I his Constitution shall be deemed adopted il, at the general referendum
conducted therefor, a majority of those enrolled members v oting v ote in favor
of adoption of the same Specific prov isions of the Constitution set out for
special vote at the same referendum, if any. shall be deemed adopted upon
favorable vote of a majority of those voting on each specific provision as if
those provisions were set out in the document itself.
3. Upon adoption, this Constitution shall be considered immediatelyeffective
as the governing document for the Lumbee Tribe of North Carolina
The tribal chairperson and tribal council members elected on November 7,
2(X)0. shall serve out their full terms, set to expire in November 2003, and shall
in the meantime be bound by the terms of this Constitution, subject to the
following exceptions and special responsibilities as the first tribal officials to
serve under the Constitution:
a) the present tribal council members shall be deemed council members at
large in the interim between the adoption of this Constitution and the first set
of elections held under the Constitution in November 2003, without regard to
district boundaries from which they were elected;
b) before the election in November 2003, the present tribal officials shall
draw boundaries for the twenty-one (21) tribal council districts, provided that:
i) each tribal member has equal representation on the Tribal Council, and
ii). the boundaries for tribal council districts shall be drawn and published
throughout the tribal territory no less than sixty (60) days in advance of the
election to be held in November 2003;
c) for purposes of the conduct of the election to be held in November 2003,