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The Constitution of the Lumbee tribe of Cheraw Indians As adopted by the Lumbee Tribe of Cheraw Indians July 2,1994 LUNBH TRIM Of CM SRAM INDIANS CONSTITUTION mwu. in nooordanoa with the Inherent power of eelf-governance of tae Mm Tribe of Cheraw Indiana, the Inmtm Tribe of Cheraw Indiana adopts this Constitution for the purpoaea of establishing ? tribal government atructura, preserving for all ties the Tnmhae way of life and l- .iwminlty, proaoting the social and eoonoaic well being of bmbee people, and securing justice and freedon for the Article Z. Territory and Jurisdiction. 1. The territory of the Luabea Tribe of cbaraw Indiana shall include: a). Robeson, Bladen, Colunbns, Cumberland, Hoke, and Scotland Counties, North Carolina, for the purposes of delivery of ftdtrtl Indian nrvlofj b). all real property or natural resources owned by the Tribe and bald in trust for it by the United States; and o). the boundaries of any reservation of the Tribe that are proclaimed as such by the Secretary of the Interior. a. The Tribe's Jurisdiction shall extend to the fullest extend possible under Federal law tot a). all enrolled a sabers of the Tribe, without regard to location or residence; and b). all persons, property, and activities located or taking place upon the Tribe's territory. Article XI. Membership 1. The general membership of the Tribe shall oonaiat of those persons who apply for enrollnent and demonstrate direct desoent froa a person listed on Source Documents, which are listed on Bxhiblt A to this Constitution and incorporated herein by reference, and who maintain contact with tha Tribe. Z. Notwithstanding eligibility otherwise, no person's application for enrollment shall be accepted if the applicant has not historically or dees not presently maintain contact with the Tribe, a. 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 rollngulshed in writing hie or her membership in such tribe. ?. For purposes of elections on the adoption of this constitution and the first tribal officers hereunder, the voting general membership shall oonaist of those members of the Tribe who ars eighteen (19) and older. Thereafter, the voting general membership shall consist of those enrolled members who are eighteen (IB) years or older who are registered voters in accordance with duly adopted tribal ordinanos(s). 9. The tribal council shall have authority to enact much tribal ordinances governing tribal membership as are consistent with this and other articles of this constitution. Article III. Distribution of powers. 1. Tho powers expressed horoln and thoaa powers nacsasary and propar to the exercise of those powers expressed haraln ara delegated to tha spaolflad branch of govsrnnent by tha general aaabarshlp of tha Uabaa Trlba. Thoaa powers not delegated haraln ara raaarvad by tha general aaabarshlp of tha Luaboa Trlba. Thaaa raaarvad powers shall Include: a). Tha power to raeall any alactad offioial of tha Luabas Trlba of Cherav Indians alio la In tha sacond calandar yaar or la tar In hla or har tars. A raeall alaction shall ba bald whan tha following occurs: I). a patIt Ion bearing tha aignatures, nanas, addrsssas, and anrollasnt nuabars of at loaat ona hundrad (100) eligible votars tram tha district siacting a tribal official or flva hundrad (500) eligible votars for tha tribal chairperson, stating tha official subject to raeall with tha reason therefore in ona hundrad (100) words or lass, and designating three signatories as a Petitioner's Coeelttss, is filed with tha Tribal flections boardi 111. upon certification of tha signatures on tha petition and within no noro than flva (9) days of its receipt, tha flection board shall serves oopy of tha petition upon tha naaed tribal offioial, who shall have fifteen (19) days free the data of said not toe to respond to tha reseons stated in the petition In one hundred (100) words or less; 111), ianediately upon receipt of any response, tha flection board shall serve all naebsrs of tha Petitioner's Cone it tee with a copy of tha aaea; iv). the Petitioner's Coanlttae shell have forty five (49) days free tha data of receipt of tha response to collect additional signatures upon their petition; v). the flections board shall conduct a recall election within tan (10) days of the resubelsalon of tha petition, provided that tha petition la signed by forty (40) percent of tha votars eligible to veto for tha naned tribal official; vl). if at least thirty (10) percent of the votars eligible to vote far the office participate In tha recall vote and a aa)ority of those voting vote in favor of recall, tha flection board shall declare the office vacant and tha vacancy shall ba filled In aooordanoe with tha appropriate provisions of this constitution, except that tha recalled tribal official shall not ba guallfled to run for office In that special alaction; vli). If a raeall alaction on a tribal official fails to obtain a aa)orlty of thoaa voting, tha flection board ahall not eartify any raeall petition agal net that tribal official far a aininua of els aontha thereafter. b) . The powar to initiate a vote on a tribal ordinance. A vote on an Initiative shall ba hold whan tha following ooours: i). a petition bearing tha signatures, nasas, addresses and enrollnent nuabars of at laaat five hundrad (900) eligible votars, etating the proposed terae of a tribal ordinance, and designating throe signatories aa a Petitioner's Coanlttae, is filed with tha Tribal flections board; II). upon certification of tha signatures on tha petition sad within no nore than five (9) days of its receipt, tho fleetions board ahall servo a oopy of tha petition bearing tha proposed tribal ordinance upon tha tribal oouncll, which ahall take the proposed tribal ordinance under consideration and take a vote thsreiin at its next regularly scheduled nesting, but ne nore than thirty (lb) days after tta receipt fron tha flection board; ill), tha flections board ahall notify all ainhere of tha Petitioner's Coanlttae of tha tribal oouncll 'a notion on tho prspaas* tribal ordinance within five (9) days ef suoh action; iw). If tha propoaed ordinance la not enacted or la enacted with substantive changes, the Petitioner's Coanlttae ahall have thirty (10) days fron their receipt of notice of tribal oouncll action to oellect additional signatures upon their petition proposing a tribal ordinanoe; v). tha flections board ahall oonduct an alaction upon tha propane* tribal ordinance within tan (10) days of tha reeuhnlealon of tha petition proposing tha tribal ordinanoe, provided that tha pat It tan la signed by thirty (10) percent ef ?llglblo voters; vi). if at least thirty (10) poroont of the ollgiblo voters participate In tho initiative election and a ?ajority of thoaa voting vote in favor ef tha propoaed ordinanoe, tha blaetian beard ahall dealers the ordinance dwly enacted law of . tho >nab?e Trlba of Charaw Indiana. e). The powar te conduct a referendum on tribal ordinances, in aooordanoe with tha provisions of Article V. section a, haraln. I. The naebsrs of tha leasee Trlba of Charaw Indians shall ha eeowre In their persons and property and ouch security ahall ha preserved by tha gewarnaant ores ted by tbie oeeeti test ion. S. The pauses So lagstad to the legislative, executive, and Judiolal branches, eucopt aa expressly provided In this mare!as*the'powers *Tl agate*beM branch ahall Article zv. Tribal Council. 1. Tha legislative power to enact ordlnaaoaa of the iinm Tribe of Over aw Indiana abaU reside in tba tribal oounoll. Such legislative power aball include tba am H sent of annual tribal budgets; however, budgets aball be enacted into tribal law following tba conduct of tribal hear lag (a) on budgets propoaod by tba tribal chalrpersoe. Tba tribal council aball aloo, ooaalatent with tba provisions of tbis^ Constitution, ^adopt^ rules and >. Except as otbaawisa provided, see hers of tbe oounoll aball two corsecut ivo'tarna" lbs privilege to rua for olaetiao to tba tribal oounoll aball ba Halted to tbooo I iat n i of tbe rushes Tribe who at tba cowaanoaawnt of tba tarn of office for ibich tba nanbar stands far alootioni a), are over tba age of twenty-one (21); b). have naintainad their principal place of residence in tba particular council district for which tba aaabers stand for election no leas than tba preoeding six (?) aontha; c) . are not inoaroaratod upon conviction for any of fansa or have oonplstad a a ant one a for a felony conviction lass than seven years before, with tbe ters sentence as used herein to include any period of restriction on civil rights; and d). hold no other publicly elected government offloa or no other appointed or elected tribal offloa at tha ties of taking offloa. 3. Tba council aball consist of twenty-one (21) aaabers who shall ba aI actad frou districts within lushes territory* These districts shalli a). have boundaries described and drawn on Exhibit ? to thii constitution; b). ba redrawn within one (l) year following the publication of each decennial federal census to saintsin equal voting rights for tribal seeher; c). for purposes of tha first election of tribal council aaabers only, ba Halted In tern as follows: council a Sahara frou districts l, 4, 7, 10, 13, Id and 13 shall serve one (1) year terns; council neubere frou districts 2, S, I, 11, 14, 17 and 20 shall serve two (2) year tarns; and council seahers frou districts 3, 6, t, 12, IS, 10 and 21 shell serve three (3) year terns; d). each council aeaher shall hold conaunlty nestings within hie or her district no less than four (4) tines a year, with a alniaua of ten (10) calendar days advance notice of such nestings to be posted at the offices of the tribal council. 4. Tha council aaabers shall elect froa their aaabers the following officers: a), a speakar, who shall preside over council nestings; b). a vice-speaker, who shall preside over council aeetings in tha absence of the speaker; c). a secretary, who shell oversee the aaintenance of all records of proceedings of the council and tribal ordinances; and d). a treasurer, who shall oversee council proceedings to prapara annual tribal budgets. 9. All proceedings of the tribal council shell be conducted in public session, except for proceedings certified in advance by tha speaker as lap Hosting privacy rights of a tribal enployaa or nanbar. Ho proceedings of tha tribal oouncil shall take place in tha absence of a quorum which shell constitute two-thirds (2/3) of tha sitting oouncil aaabers and all decisions of tha tribal council shall require an affiraativa vote of tha majority of prnsnnt oouncil aaabers, except that tha tribal council can override a veto of s tribal ordinance by tha tribal chairperson only by a two thirds (2/3) of all sitting oouncil nanbars. 9. Ho ordinance enacted by tha tribal council shall be binding and effective until such ordinance has been posted In a place reserved for this purpose at tha offices of the tribal oounoll for a period of ten (10) calendar days following ita enactment, provided that such ordinance was not certified for referendue or vetoed by tha tribal chairperson in accordance with Article V, section 1 (b) and (c) within that period. Tha tribal oouncil shall periodically publish in a newspaper of general distribution in Tuuhas territory a calendar of proceedings showing all council actions taken end the address and phone number where copies of ordinances era available. 7. Any council nanbar who is absent froa three consecutive regularly scheduled Bastings of tha council shall ba removed froa offloa, provided that such absences are unexcused in accordance with a governing tribal ordinance. A vacancy in a tribal council seat will also occur autonatically upon tha death of a tribal council aeaber or tha occurrence during that neaber'a tarn of any circumstance listed above In section 2 that would have disqualified the nanbar froa serving upon the tribal council. Vacancies in tribal council seats shall ba filled as follows: a). If a tribal council seat becoaes vacant for any reason and one calendar year or lass remains in tha tern of tha vacant seat, than i) . tha candidate receiving tha second highest vote i" ,???t r*c?nt auction _fof that seat will earv^j^a and la willing to serva; 11). If no candidate described in (a)l abova la availabla or willing to aarva, tha tribal council ahall appoint a parson who would ba qualified to atand for alactlon to that aaat to aarva tha raaalndar of tha tars. b). If a tribal council aaat bacoaaa vacant for any raaaon and sora than ona calendar yaar rasalna in tha tars of the vacant seat, than: I). a special election shall ba conducted to fill tha vacancy, and II). tha newly elected council aesber ahall aarva out tha remainder tha vacated tars. article V. Tribal Chairperson. 1. All executive powers, including implementation of and compliance with annual budgeta, of tha Lumbee Tribe of Cheraw Indiana ahall rasida in a tribal chairperson, who ahall causa all laws of tha Tumhaa Tribe to ba faithfully executed. Specifically, tha tribal chairperson shall: a). deliver to tha general membership an annual state of tha tribe address during tha first week of July, which address shall include a proposed budget for the upcoming fieoal year; b). within ten (10) days of its passage by tha tribal council, certify for referendum by tha general voting membership any tribal ordinance that affects fundamental rights or interests of the Lumbee Tribe of Cheraw Indians. Any ordinance imposing a tax or authorising gaming in titmhee territory shall be deemed to affect fundamental rights or Interests of the I .umbos Tribe of Cheraw Indians. Mo ordinance certified as requiring a referendum ahall be effective unlearn and until such ordinance is approved by a majority of those voting in the referendum, provided that thirty (10) percent of the voting general membership participated in the referendum. c). have authority to veto any ordinance enacted by the tribal council; d). with the advise and consent of the tribal council, employ a tribal administrator, who shall oversee the day to day execution of all tribal laws and delivery of all tribal programs and shall serve at the pleasure of the tribal chairperson; e). represent the lumbee Tribe of Cheraw Indians before all other governments and tribunals, including tha United States, the State of North Carolina, and all federal and state agencies. 2. The chairperson shall ba elected by the voting general membership for a tars of four years, and shall not serve more than two consecutive terms. Tha privilege to run for the office of tribal chairperson shall be limited to those members of the Lumbee Tribe who at the commencement of the term: a), are thirty-five (35) years of age or more; b). have maintained his or her principal place of residence in territory of the Lumbee Tribe for the preceding six (?) months; o). is not Incarcerated upon conviction for any offense or who, less than seven (7) years preceding, has completed a sentence for a falony conviction, with the term sentence as used herein to include any period of restriction on civil rights; and d). hold no other publicly elected government office or no other elected or appointed tribal office at the time of taking office. 3. A vacancy shall occur in the office of tribal chairperson upon the death of the chairperson masher or the occurrence during that chairperson's term of any circumstance listed above in section 1 that would have disqualified the chairperson from running for offioe. Until the appointment or election of a successor, the Speaker or Acting Speaker of the tribal oouncil shall serve temporarily aa acting tribal chairperson. Vacancies in the offiea of tribal chairperson shall be filled as follows: a). If a vacancy occurs in tha office of tribal shalrparaon with one calendar year or leas remaining in tha term of effloe, then the tribal council ahall appoint as tribal chairperson: ^ ^ candidate receiving the second highest number sf votes in the meet recent election for the offioe shall be appointed, assuming such oandidata remains qualified and is willing 11). if no such candidate is availabla or willing to serve, the tribal council shall appoint a qualified member to fill out the remainder of the term. b). If a vacancy occurs in the office of tribal chairperson with mora than one oalander year remaining in the term of off loo f?!%ofi I). a special election ahall be conducted to fill tha remainder of the tern, and II). the newly elected chairperson shall serve out the remainder of the vacated term. Article VI. Judiciary. 1. The judicial power of the Lumbee tribe of cheraw Indians ahall reside in the dupnni court of the Lumbee constitution and amah interior courts aa the tribal oouncil nay establish. Tha Supreme Court of tha bMhoe Constitution ahall have original jurisdiction over all oaoso and controversies arising under the Lumbee cemstitetien and all ordinances of the Luohee Tribe of Chares Indiana. la tha event the tribal council establishes ^^Umoeurta^.^theSupr em ? Comrt of tbsUmbse Const 1tutlLorn shall erTeiJyiinVir*trUm?esdiTanoae. t 2. The rule of lew to be wlM la the ftqir ? Court of the 11?in Constitution la all ohm and controwersi? wit*in It* original jurisdiction shall ba tba will of tha lushes people as expressed In th? Luabaa Constitution, duly adopted tribal ordlnanoas, and '????" custoa. In tha shannon of a governing ruls of law froa thasa sour ess, tha governing ruls shall ba fadaral common 1 Mr. 3. Tba (ansa Court of tha lanliaa Constitution ?all consist ? of flva sitting judgee, who shall aorva flwa yaar tarns; no judge nay sarva two oonaacutivo tar?. Tha? judgas shall havs tha qualifications and ba ?lactsd as sat out balow: I a), with tha exception of tha olntmmogonqulr?ant. tha qualifications for tribal chalrparaon spool find in Article V. suction J, shall apply to judgas of tha Supra? Court of tha Mil Constitution; b). at all tin?, thrna of tha sitting judgas shall ba graduataa of accraditad law schools and two shall ba lay paopla; o). tha tribal ebairparson shall noalnato too candidates for appolntnant to tba ftpr?a Court of tha lu?ss Constitution froa oach of flva judicial districts with the following boundaries: district ono shall constitute that ar? In tobssan County north of H.C. highway 74 and aast of Intarstata 75; district two, that ar ia Kobaoon County south of B.C. Highway 74 and ?at of Intarstata *5; district thr?, that ar? in Robeson County south of H.C. highway 74 and wast of Intarstata >5; district four, that ar? in Robaaon County north of H.C. Highway 74 and w?t of Intarstata 95; and district flva, all Luab? tarritory outside Hob?on County. Tbo tribal oouncll shall appoint flva judges froa tho? noalnatad by the tribal chairperson; d). thera shall ba a Chief Judge of tha Supra? Court of tho Umbos Constitution who shall bear administrative r?ponsiblliti? for tha conduct of tha oourt's business. Article VII. (lections Board. 1. There shall ba an independent Elections Board of the T uahss Tribe of Cherav Indians which shall have tha 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 referendua proceedings; and c). any other utters specif lad herein or authorised by tribal ordinance. 2. Tha Elections Board shall consist of five (5) enrolled nanbsrs over tha age of sight?n (1>). The tribal ebairparson shall noainata two candidates for tha Elections Board fron each of tha judicial districts described above in Articla VI, section 3(d); tha tribal council shall appoint the sanbars of the Board froa those nominated by the tribal chairperson. 3. Any utter decided or certified by tha Elections Board shall ba d?nsd final tribal action and shall ba reviewable by tha Supra? Court of tha Luab? Constitution. Article VIII. Duty of Loyalty. 1. Every elected and appointed tribal official empowered herein shall affirm upon taking office that ha or aha will abide by this constitution and laws of the Umhaa Tribe of Cheraw Indians and will, to tha but of his or her ability, perforn his or her duties with undivided loyalty to tha Luabaa Tribe of Charaw Indiana. 2. Tha first tribal council elected under this constitution shall adopt an ordinance proscribing conflicts of interests in the parfor?nca of duti? by elected and appointed tribal officials, which ordinance shall require a tribal official to recuse hin or her?If fron any decision or vota affecting his or her pecuniary interest or a f?lly aeabsr. Articla IX. Adoption. 1. For purpos? of this articla, tha delegates of tha Luabaa constitutional assaably shall ?rva as a temporary electoral co?lesion to conduct tha public hearings and elections required by this articla. Unless otherwise specified, tha assembly shall ba deanad to have taken for?1 action by a favorable vota of a ?jority of those delegates who namea appear as in attendance at assenbly n?tings held on July 31, 1993, and Novenber 20, 1993. As a temporary electoral co?isaion, tha constitution assenbly shall adopt all necessary regulations and procedures governing tha required public hearings and elections. All authority of tha constitution assenb ly, as a temporary electoral co?iasion or otharwisa, shall lapsa upon aither tha rajection of tha co?titution at tha election bald for that purposa or upon the certifiestion by it of elections results for tribal officers undet the constitution, whichever occurs first. * two-thirds majority of the constitution assembly, ttli constitution shall bo deemed coaplate and raady for submission to tha Luabaa Triba of Cheraw Indians. Within thirty (30) days of this vote, tha constitution assasbly shall causa tha proposed constitution to ba publishad in tha following nawspapars: tha Carolina Indian Voice, tha Community News-Advertiser, tha Fairmont Tinas Messenger, tha Fayattavilla Obsarvar-Timas, tha Laurinburg Exchange, tha Raaford News Journal, tha Rad Spring Citizen, the Robesonian, and tha St. Pauls Review. J. Tha constitution assembly shall conduct a series of public hearings on tha proposed constitution, at tha sites sat out below, with a schedule for such hearings showing location and dates to ba publishad along with the text of tha proposed constitution as prescribed by section two above: a). Purnell Swatt High School b). South Robeson High School c) . Fairgrove Middle School d). Rax Rennert Elementary School a). Oxendine School f). Magnolia Elementary School g). South Hoke Elementary School h). Scotland High School 1). Cumberland County Association for Indian People * j). St. Paul High School k). Littlaflaid Elementary School ? The constitution assembly shall maintain a complete record of all comments, either written or oral, made at these hearings. 4. Within thirty (30) days of tha last hearing held under sectipn three above, the constitution assembly shall hava a final meeting to consider all public comments. This meeting shall be open to the public and shall bs limited to issues raised at public hearings held under section two above and revisions to tl}e constitution based thereon. 5. If any revisions are made by the constitution assembly it its final meeting, the revised constitution shall be published in the newspapers listed in section two above within five (S) days df the final meeting. A final public hearing shall ba held on the revised constitution no sooner than thirty (30) days and no longer than forty-five (45) days after the final meeting of tie constitution assembly, with notice of tha final hearing being given along with the publication of the revised constitution. ? . Within thirty (30) days of the final public hearing or the final meeting of the constitution assembly if no revisions ate made, the constitution assembly shall conduct an election on the adoption of the constitution. 7. If a majority of those voting favor adoption of the constitution, the constitution assembly shall certify the result and the constitution as having been adopted by the Lumbee Tribe', Within sixty (days) of the adoption of the constitution, the constitution assembly shall conduct elections for all tribal officers under the constitution. Upon certification of those election results, the tribal officers shall assume responsibility and commence tribal government operations under this constitution^ u w Article X. Amendment. 1 1. An amendment to the constitution can be proposed by elth?D two-thirds vote of the tribal council or by a petition bearing tQe signatures of two thousand (2,000) voting general members of the tribe eighteen years of age or older. Upon certification by the Elections Board of a proposed amendment to the constitution, tfie Elections Board shall within ten (10) working days post the proposed amendment at appropriate public places and publish tj)e proposed amendment in newspapers of general distribution. 2. Within sixty (40) days after the posting and publication of a proposed amendment, the Elections Board shall conduct a special election on the proposed amendment. The amendment shall be adopted upon the majority vote of gaallfiad voters voting in the apoeial election. If adopted, tha Elections Board shall within five (5) days of the special election post the amendment it appropriate public places and publish the amendment in newspapers of general distribution with notice of its adoption by apocipl election. The amendment shall become effective ten (10) working days after its posting and publication. Tha Tribal Council of tha Lumbaa Triba of Charaw Indians wIM moo on Mondq??ight, October 17 at 7 p.m. In tha Chavis Cantor. Triba t rndmbars ora oncourogod to attand and also urgad to become familiar with tbe' obovo Lumbaa Tribal Constitution by which tha Lumbaa \ Triba will ba govarnad. Dr. DottonBrooks has boon alactad Chairman of tha : Lumbaa Triba. Lanca Harding, /r. has boon alactad'. sbaakaroftha 2 l-mambar Tribal Council. This copy of . mo Constitution is printodhoro as a public tarries by tha |>> atom MotdfeJkdOhAm vflTDMOw fnOPOn "OfC?g inf ? nRW ?vVWSpopvf, *
The Carolina Indian Voice (Pembroke, N.C.)
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Oct. 13, 1994, edition 1
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