CONSTITUTION AND BY-LAWS OF THE CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA

RATIFIED APRIL 19, 1975


PREAMBLE

We, the Indians of the Cheyenne-Arapaho Tribes of Oklahoma, in order to promote more unified tribal economic progress, to better transact out tribal business and industrial affairs, to protect our religious rights, to protect and maintain our allotted lands, to look after our just claims and our rights under treaty stipulations, to borrow money from the Federal Government-such funds to constitute a tribal revolving fund from which sums may be, lent to individual members of the tribes and to groups of members for cooperative enterprises -- to participate in the management of tribal lands and property, to assist and advise in the purchase of land which the government may obtain for landless members of the tribes, to negotiate with the representatives of federal, state, and local governments in regard to all matters affecting the tribes now or in the future, and to further the general welfare of ourselves and our posterity, do hereby adopt the following constitution and by-laws pursuant to the Thomas-Rogers Oklahoma Indian Welfare Act of June 26, 1936, which shall replace as our governing document that constitution and by-laws ratified September 18, 1937, and all amendments thereto.

ARTICLE I -- DEFINITION OF TERMS

Section l. Cheyenne-Arapaho Tribes of Oklahoma shall be the name of this organization, and it shall be composed of all persons who qualify for membership pursuant to Article II of this constitution. The word tribes, as used in this document, shall have the same meanings as Cheyenne-Arapaho Tribes of Oklahoma.

Section 2. Cheyenne-Arapaho Tribal Council shall be the governing body of the organization, composed of all enrolled members at least eighteen (18) years of age, and empowered to act on those matters outlined in Article IV, Section 1, of this constitution and by-laws.

Section 3. Cheyenne-Arapaho Business Committee shall be an eight (8) member representative body empowered to act on those matters outlined in Article IV, Sections 2 through 5, and elected pursuant to Article VIII of this constitution and by-laws.

Section 4. Business Manager shall be a full-time, tribal employee selected by the business committee to manage the tribal headquarters and assist the committee as provided in the by-laws. Such employee must have a minimum of six years' experience in the field of administration and management to qualify.

Section 5. Quorum

Section 6. Election Board shall be a board composed of eight (8) members of the tribal council. The Cheyenne and Arapahos shall be represented on this board in the exact proportion as on the business committee.

Section 7. Referendum shall be the submission of any issue to a direct popular vote of the registered members of the tribal council by Mail-out ballot. When required by this constitution, the business committee shall direct the election board to conduct all referendums.

Section 8. Headquarters of the Cheyenne-Arapaho Tribes of Oklahoma shall be located in Concho, Oklahoma.

Section 9. As used in this constitution and by-laws, the word shall is deemed to mean imperative or mandatory and to exclude the exercise of discretion. The word may is deemed to mean permission or liberty and to include the exercise of discretion.

ARTICLE II -- MEMBERSHIP

Section 1. The membership of the Cheyenne-Arapaho Tribes shall consist of the following persons:

Section 2. Persons who possess blood of another Indian tribe shall not be enrolled if they have shared in any land or money by virtue of having been enrolled as a member of the other tribe.

Section 3. For purposes of determining degree of Cheyenne-Arapaho Indian blood possessed by applicants for membership, the degree of Cheyenne-Arapaho Indian blood shown on the October 31, 1967, roll shall govern. Corrections may be made in degree of Cheyenne-Arapaho Indian blood shown on the roll if a request, in writing, is received from the enrollee or one of his descendants, and approved by the Commissioner of Indian Affairs. The burden of proof in establishing a degree of Indian blood other than that shown on the roll is on the party making the request.

Section 4. The tribal council shall have the power to enact resolutions and/or ordinances, subject to approval by the Secretary of the Interior, governing future membership and the adoption of new members.

ARTICLE III - INDIVIDUAL RIGHTS AND PRESENT SERVICES

Section 1. To the extent applicable, no person shall be denied by the tribes in exercising self-government those rights guaranteed in Title II of the Act of April 11, 1968, including freedom of speech, conscience, worship, and assembly.

Section 2. Individual rights in allotted and inherited lands shall not be disturbed by anything contained in this constitution and by-laws.

Section 3. No treaty rights of the tribes shall be in anyway affected by any provision of this constitution and by-laws.

Section 4. The rights of members as citizens of the United States and of the State of Oklahoma shall not be disturbed by anything contained in this constitution and by-laws.

Section 5. Existing aids and services extended to the tribes, such as health service, education, extension service, etc., shall not be curtailed because of anything contained in this constitution and by-laws.

Section 6. In all recommendations by the tribes for employment of persons to fill positions with the tribes or within the jurisdiction of the Concho Agency, first Preference shall be given to enrolled members of this organization; and second preference shall be given to persons married to members of this organization.

Section 7. All enrolled members of the tribes shall be eligible for all rights, privileges, and benefits given by this constitution and by-laws, such as claims credits, acquisition of land, all educational grants, and any other future benefits.

ARTICLE IV -- COUNCIL AND COMMITTEE AUTHORITIES

Section 1. The Cheyenne-Arapaho Tribal Council shall have the authority to act in tribal council meetings concerning the following matters, unless specifically delegated to the business committee by a referendum vote of the members of the tribal council:

Section 2. The Cheyenne-Arapaho Business Committee, subject to applicable Federal and State Laws, shall have the power to act for the Tribes in all matters not enumerated in Section 1 of the Article, in Article XI as prohibited by Tribal Council Resolution and as otherwise restricted by the Constitution and By-laws.

(Approved by the Secretary of Interior on September 10, 1993, this amendment was duly adopted by a majority of the qualified voters who cast ballots in the July 27, 1993 election.)

Section 3. The business committee shall not expend and the Bureau of Indian Affairs shall not dispense tribal funds in excess of those set forth in the approved annual budget unless specifically authorized by the tribal council.

Section 4. All action taken by either the tribal council or business committee shall be pursuant to duly adopted ordinances or resolutions and shall be certified by the presiding officer. Action by the business committee shall be by roll-call vote which shall be recorded in the minutes.

Section 5. Compensation for business committee and special representatives:

ARTICLE V -- ELECTION BOARD

Section 1. For purposes of conducting the initial election under this constitution, the Superintendent of the Concho Agency, his replacement, successor or counter-part shall call a special meeting of the tribal council for purposes of selecting the 8 member board. Following the first election, under this constitution, and [sic] election board shall be selected at the annual meeting of the tribal council on even numbered years. Nomination and voting shall be done from the floor. All members shall consent to serve for two (2) years. This board shall appoint a temporary chairman at the time of the election board. Vacancies on the board shall be filled by appointment of the chairman of the election board. No member of the business committee or any person running for office on the committee shall be eligible to serve on the election board.

Section 2.

Section 3. [] Compensation to members of the election board shall be at the same rate as to business committee members provided that in conjunction with each election and referendum not more than a total of one (1) working day for organizing, not more than a total of three (3) working days for the establishing of dates, qualifications, rules and regulations, and not more than a total of three (3) working days for the conducting and tallying of an election or referendum will be allowed unless approved by the business committee upon evidence of just cause.

Section 4. The business committee and tribal employees shall assist in the elections as required by the election board.

ARTICLE VI -- DESIGNATION OF DISTRICTS

Section 1. For the purpose of registration, representation and voting, there shall be four Cheyenne districts, each of which shall be entitled to one representative, and two Arapaho districts, each of which shall be entitled to two representatives. Said districts shall be designated and described as follows:

Section 2. The boundaries of the above described districts may be altered or realigned by the tribal council as provided in Article IV, Section 1. The number of districts and the number of representative of each tribe shall be changed only by a amendment of this constitution and by-laws.

ARTICLE VII -- REGISTRATION

Section 1. Members of the tribal council, in order to vote for tribal representatives or to participate in any tribal referendum, will be required to register either in person at the tribal headquarters or by written request to the tribal secretary. Only those persons duly registered will be permitted to run for tribal office.

Section 2. Registration shall be temporarily closed thirty (30) days prior to the date or counting ballots and until the certification of the final results. All elections or referendums shall be publicly noticed at the tribal office, Concho Agency, the tribal newsletter and/or other appropriate newspapers not less than sixty (60) days prior to the date for counting ballots.

Section 3. Cheyenne members of the tribal council not residing within a Cheyenne district and Arapaho members not residing within an Arapaho district may register to vote with any district of their own tribe. Other members, in order to vote, shall register with the district in which they reside by tribe.

Section 4. No registered voter will be allowed to change his place of registration except upon change of residence or for other just cause. Such cause shall be submitted to tribal headquarters, In writing or in person, for consideration by the business committee, The decision of the committee shall be final.

ARTICLE VIII -- ELECTIONS

Section 1. The election of the committeemen shall be determined by those ballots returned to the tribal office not later than 6:00 p.m. on the day set for counting ballots as specified by the election board. Each registered voter shall be furnished a ballot, by mail, containing the names of candidates from his district at least twenty-one (21) days prior to counting of ballots.

Section 2. For the purpose of providing staggered four (4) year terms for members of the business committee, those rules and regulations adopted to govern the first election under this constitution shall provide for the election of two (2) Cheyenne and two (2) Arapaho committeemen for two (2) year terms. The election board shall determine by a drawing which Cheyenne district representatives shall be elected for two (2) year terms and which representatives shall be elected for four (4) year terms.

Section 3. The term of office for each committeeman elected after the first election shall be for a period of four (4) years, or until his successor is duly elected and installed in office.

Section 4. The term of office of all business committee members elected under this constitution shall commence January 1st after their election. Prior to the first meeting after December 31st, the oath of office shall be administered to the newly elected members of the business committee, Said oath shall be administered by any member of the Cheyenne-Arapaho Tribes duly designated by the business committee elect. At the first meeting, the business committee shall select the following officers from its membership: chairman, vice-chairman. secretary, treasurer. and sergeant-of-arms [sic], They shall hold office for a term of two (2) years, or until their successors are duly chosen and installed.

Section 5. Eligibility, All registered tribal members who have reached the age of twenty-one (21) years shall be eligible to serve as a member of the business committee, except those persons previously convicted in a court of competent jurisdiction of a felony involving dishonesty. A twenty-five dollar ($25.00) filing fee will be required of each candidate payable to the Cheyenne-Arapaho Tribes to help defray the election expense.

ARTICLE IX -- REMOVAL, RECALL AND FILLING VACANCIES

Section 1. Any member of the business committee charged, in writing, with misconduct or neglect of duty by a fellow, committeeman may be removed from the business committee or from an office of the business committee, provided at least five (5) of the members vote in favor of removal. A special meeting of the committee shall be called to consider any removal action; and the accused shall be provided with a minimum of fifteen (15) days notice of said hearing and be provided the opportunity to attend and testify in his own behalf The decision of the committee shall be final.

Section 2. The Cheyenne-Arapaho Business Committee shall, upon receipt of a valid petition signed by one-third (1/3) of the registered voters of any one district requesting the recall of a representative from that district, directing the election board to conduct an election with sixty-five (65) days from the date of receiving the petition to determine if, In fact, such representative shall be recalled. No such petition shall be honored if received less than ninety (90) days prior to the expiration of the term of the accused. In the event the committee fails to act within sixty-five (65) days, the Superintendent of the Concho Agency, his replacement, successor, or counterpart may so instruct the board.

Section 3. Vacancies on the business committee occurring not less than ninety (90) days prior to the regularly scheduled election for the vacant position shall be filled by a special election conducted by the election board. Such elections shall involve the registered voters in the district which has lost representation and shall be conducted in accord with established dated, rules, and regulations of the election board.

ARTICLE X -- REFERENDUM

Section 1. Referendum shall be required as follows:

Section 2. The majority of votes in any referendum shall be final and conclusive providing one-third (1/3) of the ballots mailed out are returned for counting; and no issue may be subjected again to a referendum for a period of at least six (6) months.

ARTICLE XI -- TRIBAL NON-TRUST LANDS

Section 1. Expenditure or other disposition of all of the net income, rental or profits, and the interest or earnings thereon, derived from non-trust lands now or hereafter owned by the tribes, shall be permitted only if approved by an affirmative referendum vote of the tribal council and shall be for any purpose It desires, provided that expenditures not in excess of $15,000 and only for repairs or upkeep to non-trust land may be authorized by a duly adopted resolution of the tribal council. As used herein, the term "net income, rental or profits" shall mean gross income, rental or profits realized from said lands less only ad valorem, or other property taxes assessed by and paid to federal, state or local taxing authorities.

Section 2. Subject to the limitations prescribed in Article IV and Article XI of this constitution, the business committee shall negotiate and enter into leases or other agreements regarding the use of said lands, collect the gross income, rentals and profits therefrom, pay the necessary taxes upon the lands as the same become due, and invest the net proceeds in securities or investments fully guaranteed as to both principal and interest by the United States of America or agencies or instrumentalities thereof.

ARTICLE XII � SAVINGS CLAUSE

Until such time as the first election is held under this constitution and by-laws- the incumbent committee members and officers shall continue to serve in that capacity subject, however, to the provisions of this document. The first primary and/or runoff election under this constitution shall be completed by November, in the odd numbered years following the adoption of this constitution and by-laws. Ballots will be counted on a date determined by the election board. All ordinances and resolutions heretofore adopted, and not in conflict with this document, shall continue in force until duly modified or repealed.

ARTICLE XIII -- AMENDMENTS

Amendments to this constitution and by-laws may be proposed by the majority vote of the tribal council at an annual or special council meeting, and, if approved by the Secretary of the Interior, shall be submitted to a referendum vote of the members of the tribes and shall be effective if approved by a majority vote of those voting.

BY-LAWS OF THE CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA

ARTICLE XIV -- DUTIES OF OFFICERS AND BUSINESS MANAGER

Section 1. The chairman of the business committee shall preside over all meetings of the committee, shall perform all the duties of a chairman, and exercise any authority delegated to him by the business committee. He shall have the privilege of voting in case of a tie, He shall further preside at all meetings of the tribal council, unless a different presiding officer is selected by the tribal council at the outset or at any time during the course of the meeting.

Section 2. The vice-chairman of the business committee shall call the roll at the opening of each meeting. He shall then read the minutes of the previous meeting. The minutes shall be corrected as necessary and approved by the business committee.

Section 3. The secretary shall call to the attention of the business committee any unfinished business from the previous meeting. The secretary shall read to the committee all communications which have been received by said committee. It shall be the duty of the secretary to answer all correspondence after it has been discussed and a decision made by the business committee. The secretary shall certify to the accuracy of all actions taken by the council and the committee.

Section 4. The treasurer of the business committee shall be custodian of all monies which come under the jurisdiction or control, of the Cheyenne-Arapaho Business Committee. He shall conserve, invest, and pay 'out money in accordance with the provisions of this constitution and by-laws and pursuant to the orders and resolutions of the business committee provided, however, that as to any account or other deposit maintained by the tribes with a bank or other depository or institution all checks, drafts, or other withdrawals on or against said account or deposit shall require two (2) signatures, which signatures shall include that of the treasurer and that of such other officers or members of the business committee as the committee may designate by resolution.

The treasurer shall keep account of all receipts and disbursements and shall report the same to the business committee at each regular meeting. He shall be bonded in such an amount as the business committee by resolution shall provide, such bond to be satisfactory to the Commissioner of Indian Affairs. The treasurer shall cooperate and coordinate with the business manager, who shall keep a double-entry set of books which shall be subject to audit or inspection at any time at the discretion of the business committee. Said books shall be maintained at the tribal headquarters. At the conclusion of each calendar year, said books and records for said year shall be promptly delivered to the Superintendent of the Concho Agency of the Bureau of Indian Affairs, who shall cause an audit of said books and records to be made by appropriate officials of the Bureau of Indian Affairs. A written report regarding the results of each such audit shall be submitted to the business committee by the Bureau of Indian Affairs as promptly as possible.

Section 5. The sergeant-at-arms shall maintain order and decorum at all meetings and such similar duties as may be directed by the presiding officer.

Section 6. The business manager shall:

ARTICLE XV -- OATH OF OFFICE

Each member of the business committee and each officer or subordinate officer elected or appointed hereunder shall take an oath of office prior to assuming the duties thereof The oath of office shall be as follows:

I __________________________________, [Name of Oath Taker] do hereby solemnly affirm that I will support and defend the Constitution of the United States against all enemies and will carry out faithfully and impartially the duties of my office to the best of my ability arid will promote and protect the best interests of the Cheyenne-Arapaho Tribes in accordance with the Constitution and By-Laws of the Cheyenne-Arapaho Tribes of Oklahoma.

ARTICLE XVI -- MEETINGS

Section 1. Regular monthly meetings of the business committee shall be held on the first Saturday of each month at the tribal headquarters, unless it falls on a legal holiday; and, in such event, it will be held on the following Saturday. Such meetings shall be open to the public.

Section 2. Special meetings of the business committee may be called at the discretion of the chairman and shall be called by him upon written request of five (5) of its members or upon receipt of a petition signed by two hundred and fifty (250) members of the tribal council. Written request by the petition shall state the object of the meeting, and no other business shall be transacted until that specified in the request has been fully disposed of. A 30-day notice of said meeting requested by the petitioners shall be published in the tribal newsletter and/or other appropriate newspapers and posted at tribal headquarters and at the Concho Agency. Special meetings of the business committee shall not exceed one (1) a month at tribal expense. Such meetings shall be open to the public.

Section 3. Annuual meeting of the tribal council shall be held on the first Saturday in October of each year. The meeting place will be designated by the business committee. One-half (1/2) of the meeting time available shall be reserved for tribal business from the floor.

Section 4. Special meetings of the tribal council may be called at the discretion of the chairman of the business committee, but shall be called by him upon written request of five (5) of the elected members of the committee, or upon receipt of a petition signed by two hundred fifty (250) members of the tribal council, A 30-day notice of this meeting must be published in the tribal newsletter and/or other appropriate newspapers and posted at tribal headquarters and at the Concho Agency. One-half (1/2) of the meeting time available shall be reserved for tribal business from the floor.

Section 5. The regular monthly meeting of the business committee for the months of March and September shall include an agenda item for the business committee to counsel with the tribal chiefs regarding the needs and welfare of the tribes and individual members thereof. Each tribal chief shall receive an invitation to be present at these meetings.

Section 6. Subcommittee meetings as required shall be held in the a.m. prior to business committee meetings.

Section 7. Each meeting of the tribal council and of the business committee shall be conducted pursuant to Robert's Rules of Order (Revised), except when said rules are in conflict with this constitution and by-laws.

Section 8. Other meetings requiring representation of the tribes may be attended by one member of the business committee; and when deemed necessary, a second member of the business committee and/or one additional person other than a member of the business committee may attend at tribal expense. The delegate or delegates shall be selected by the business committee. Official travel will be covered from tribal funds, and per them shall be determined pursuant to subsection "c" of Section 5 of Article IV of this constitution.

ARTICLE XVII -- RATIFICATION

This constitution and by-laws shall be effective when approved by the Secretary of the Interior and ratified by a majority vote of the Indians of the Cheyenne-Arapaho Tribes voting at an election authorized by the Secretary of the Interior under regulations which may prescribe pursuant to Section 3 of the Oklahoma Indian Welfare Act of June 26, 1936.

(Approved by the Secretary of the Interior on April 3, 1974)

Ratified by the tribes in an election.

(Election held April 19, 1975)