General Council: Shoalwater Bay Tribe Constitution


Shoalwater Bay Tribe. ARTICLE III – THE GENERAL COUNCIL

Section 1. Membership. All Tribal members shall be members of the General Council. Members of the General Council who are eighteen (18) years of age or older shall be entitled to vote in all Tribal elections and to participate in all open meetings.

Section 2. Regular Meetings. The General Council shall meet annually during the month of January and at such other times as may be designated by the Tribal Council or upon petition by members of the General Council. Notice of all meetings of the General Council—other than recall meetings—shall be provided by the Secretary of the Tribal Council to all members of the General Council who are entitled to vote, at least fourteen (14) days prior to such meeting, and shall be posted at conspicuous places on the Reservation. Procedures for recall meetings shall be determined by Article V, Section 3.

Section 3. Meetings By Petition. Upon receipt of a valid petition requesting a meeting of the General Council, signed by at least twenty-five percent (25%) of the eligible voters, the Tribal Secretary shall schedule the meeting to be held not later than twenty (20) days from receipt of such petition, unless otherwise agreed upon by the Tribal Council and the spokesperson for the petitioners. Notice of the meeting shall be provided by the Tribal Council Secretary to all members of the General Council who are entitled to vote, and shall be posted at conspicuous places on the Reservation.

Section 4. Quorum. A quorum for conducting business at any General Council meeting shall be twenty-five percent (25%) of the eligible voters.

Section 5. Agenda. The agenda for each meeting of the General Council shall be posted by the Secretary of the Tribal Council in advance of such meeting. Members of the General Council may submit to the Secretary, items to be placed on the agenda. Items on the agenda shall be considered before issues are raised from the floor.

Section 6. Powers of the General Council.

  1. The General Council shall have the powers enumerated in this subsection, subject to any limitations imposed by Federal Law or provisions of this Constitution. The Tribal Council, all Tribal officers and agents, and all subordinate Tribal organizations shall be required to obtain the approval of the General Council prior to taking any action with regard to these powers. Any action taken with regard to these powers without first obtaining the approval of the General Council shall be void.

    1. To relinquish any area of Tribal jurisdiction to any government, person, organization, or agency, whether public or private; provided, however, that cooperative law enforcement agreements shall not be considered a relinquishment of Tribal jurisdiction;

    1. To deal with questions concerning the termination of all or any part of the Shoalwater Bay Indian Reservation;

    1. To enroll persons into membership in the Shoalwater Bay Indian Tribe under Article II, Section 1 (b)(3) and (4) and to approve all ordinances and resolutions adopted by the Tribal Council affecting membership and enrollment in the Tribe as provided in Article II, Section 2 (a);

    1. To take final Tribal action concerning the alienation or encumbrance of Tribal real property, waters, natural resources, or interests therein, as outlined in Article VI, Section 1 (p), whether owned by the Shoalwater Bay Indian Tribe or held by the United States in trust for the Tribe;

    1. To condemn property or any interests therein which is within the jurisdiction of the Tribe;

    1. To delegate such powers to the Tribal Council, Tribal officers, and agents or subordinate Tribal organizations as it deems appropriate.

  1. All other inherent Tribal powers not expressly delegated by the General Council in this Constitution or in the future to the Tribal Council or to any officer or agency of the Tribe are reserved to the General Council and may be exercised without amendment to this Constitution, subject to the limitations set forth in subsection (a) of this Section.

    1. In addition to, and furtherance and implementation of, all powers currently held by the General Council or Tribal Council, the General Council shall have the power to exclude any Tribal Member from the Shoalwater Bay Indian Reservation and other Tribal lands, and to enact ordinances and procedures allowing and governing the exclusion of Tribal Members from the Shoalwater Bay Indian Reservation and other Tribal lands, under such terms and conditions as it may deem to be appropriate.

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Shoalwater Bay Tribe Disclaimer: The main body of the text of the constitution is provided for scholarship, educational, and informational purposes only, for your convenience. An official version of the constitution may be obtained by contacting the Shoalwater Bay Tribe directly; the below link, from the tribe's website, is also included for your convenience. Shoalwater Bay Constitution.

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